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H.R.4536

Social Welfare

Welfare for Needs not Weed Act This bill prohibits the use of Temporary Assistance for Needy Families (TANF) funds on electronic benefit transfer transactions in any establishment that offers marijuana for sale.

To prohibit assistance provided under the program of block grants to States for temporary assistance for needy families from being accessed through the use of an electronic benefit transfer card at any store that offers marijuana for sale. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Welfare for Needs not Weed Act''. SEC. 2. WELFARE FOR NEEDS NOT WEED. Section 408(a)(12)(A) (42 U.S.C. 608(a)(12)(A)) is amended-- (1) by striking ``or'' at the end of clause (ii); (2) by striking the period at the end of clause (iii) and inserting ``; or''; and (3) by adding at the end the following: ``(iv) any establishment that offers marihuana (as defined in section 102(16) of the Controlled Substances Act) for sale.''. SEC. 3. EFFECTIVE DATE. The amendments made by this Act shall take effect on October 1, 2022. <all>

Welfare for Needs not Weed Act

To prohibit assistance provided under the program of block grants to States for temporary assistance for needy families from being accessed through the use of an electronic benefit transfer card at any store that offers marijuana for sale.

Welfare for Needs not Weed Act

Rep. Rice, Tom

R

SC

S.4404

Armed Forces and National Security

Homeland Acceleration of Recovering Deposits and Renewing Onshore Critical Keystones Act of 2022 or the HARD ROCK Act of 2022 This bill authorizes the National Defense Stockpile Manager (the Department of Defense) to take certain actions to address industrial base shortfalls.

To authorize certain actions to address domestic industrial base shortfalls, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Homeland Acceleration of Recovering Deposits and Renewing Onshore Critical Keystones Act of 2022'' or the ``HARD ROCK Act of 2022''. SEC. 2. AUTHORITY TO ACQUIRE MATERIALS FOR NATIONAL DEFENSE STOCKPILE TO ADDRESS SHORTFALLS. (a) Modification of Acquisition Authority.--Section 5 of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98d) is amended-- (1) in subsection (a)-- (A) in paragraph (1)-- (i) in the first sentence, by inserting ``under the authority of paragraph (3) or'' after ``Except for acquisitions made''; and (ii) in the second sentence, by striking ``for such acquisition'' and inserting ``for any acquisition of materials under this Act''; (B) in paragraph (2), by striking ``any such transaction'' and inserting ``any transaction''; and (C) by adding at the end the following: ``(3) Using funds available in the National Defense Stockpile Transaction Fund established under section 9, the National Defense Stockpile Manager may acquire materials determined to be strategic and critical under section 3(a) without regard to the requirement of the first sentence of paragraph (1) if the Stockpile Manager determines there is a shortfall of such materials in the stockpile.''; and (2) in subsection (c), by striking ``to carry out the purposes for which appropriated for a period of two fiscal years, if so provided in the appropriations Acts'' and inserting ``until expended, unless otherwise provided in appropriations Acts''. (b) Clarification That Stockpile May Not Be Used for Budgetary Purposes.--Section 2(c) of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98(c)) is amended by striking ``is not to be used'' and inserting ``shall not be used''. (c) Annual Briefings.--Section 11 of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h-2) is amended by adding at the end the following: ``(c)(1) Not later than 30 days after submitting a report required by subsection (a), the National Defense Stockpile Manager shall brief the committees specified in paragraph (2) on the state of the stockpile and the acquisitions intended to be made within the next fiscal year. ``(2) The committees specified in this paragraph are-- ``(A) the Committee on Armed Services, the Committee on Foreign Relations, the Committee on Energy and Natural Resources, the Committee on Commerce, Science, and Transportation, and the Select Committee on Intelligence of the Senate; and ``(B) the Committee on Armed Services, the Committee on Foreign Affairs, the Committee on Natural Resources, the Committee on Energy and Commerce, and the Permanent Select Committee on Intelligence of the House of Representatives.''. SEC. 3. INCREASED THRESHOLD FOR ACTIONS TO REMEDY CERTAIN DOMESTIC INDUSTRIAL BASE SHORTFALLS. Section 303(a)(6) of the Defense Production Act of 1950 (50 U.S.C. 4533(a)(6)) is amended-- (1) in subparagraph (B)-- (A) by striking ``If the taking'' and inserting the following: ``(i) In general.--If the taking''; (B) by striking ``$50,000,000'' and inserting ``the amount specified in clause (ii)''; and (C) by adding at the end the following: ``(ii) Amount specified.--The amount specified in this clause is-- ``(I) except as provided in subclause (II), $50,000,000; and ``(II) in the case of a domestic industrial base shortfall relating to an industrial resource described in clause (iii), $350,000,000. ``(iii) Industrial resources described.--An industrial resource described in this clause is any of the following: ``(I) A material determined to be a strategic and critical material under section 3(a) of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98b(a)) with respect to which the National Defense Stockpile has a shortfall of more than $100,000,000, as demonstrated by the most recent report required by section 11 of that Act (50 U.S.C. 98h-2). ``(II) Any industrial resource necessary for the production, separation, or processing of a critical mineral (as defined in section 7002(a) of the Energy Act of 2020 (30 U.S.C. 1606(a))).''; and (2) by amending subparagraph (C) to read as follows: ``(C) Limitation.--If entering into an obligation under this section to correct an industrial resource shortfall would cause the aggregate outstanding amount of all such obligations for such industrial resource shortfall to exceed $50,000,000, no such obligation may be entered until the President provides a briefing to Congress on the nature of the shortfall and the action or actions necessary to mitigate the shortfall.''. SEC. 4. REPORT ON MODIFICATIONS TO NATIONAL TECHNOLOGY AND INDUSTRIAL BASE. (a) In General.--Not later than December 1, 2023, the Secretary of Defense shall submit to the congressional defense committees a report on the benefits and risks of potential legislative proposals to increase the availability of strategic and critical materials that are, as of the date of the enactment of this Act, sourced primarily from the People's Republic of China or the Russian Federation. (b) Elements.--The report required by subsection (a) shall include an assessment of the following: (1) The implications of modifying the term ``domestic source'' for purposes of the Defense Production Act of 1950 (50 U.S.C. 4501 et seq.) to ``domestic and allied source'' and including business concerns in Canada, the United Kingdom, and Australia in the definition of that term. (2) The benefits of facilitating more effective integration of the national technology and industrial base with the technology and industrial bases of countries that are allies or partners of the United States with respect to technology transfer, socioeconomic procurement requirements, and export controls. (c) Definitions.--In this section: (1) Congressional defense committees.--The term ``congressional defense committees'' has the meaning given that term in section 101(a) of title 10, United States Code. (2) National technology and industrial base.--The term ``national technology and industrial base'' has the meaning given that term in section 4801 of title 10, United States Code. (3) Strategic and critical materials.--The term ``strategic and critical materials'' has the meaning given that term in section 12 of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h-3). <all>

HARD ROCK Act of 2022

A bill to authorize certain actions to address domestic industrial base shortfalls, and for other purposes.

HARD ROCK Act of 2022 Homeland Acceleration of Recovering Deposits and Renewing Onshore Critical Keystones Act of 2022

Sen. Ernst, Joni

R

IA

S.4

Government Operations and Politics

John R. Lewis Voting Rights Advancement Act of 2021 This bill establishes new criteria for determining which states and political subdivisions must obtain preclearance before changes to voting practices may take effect. Preclearance is the process of receiving preapproval from the Department of Justice (DOJ) or the U.S. District Court for the District of Columbia before making legal changes that would affect voting rights. The bill also includes provisions related to federally protected activities at polling places and voting access on tribal lands. A state and all of its political subdivisions shall be subject to preclearance of voting practice changes for a 10-year period if A political subdivision as a separate unit shall also be subject to preclearance for a 10-year period if three or more voting rights violations occurred there during the previous 25 years. States and political subdivisions that meet certain thresholds regarding minority groups must preclear covered practices before implementation, such as changes to methods of election and redistricting. Further, states and political subdivisions must notify the public of changes to voting practices. Next, the bill authorizes DOJ to require states or political subdivisions to provide certain documents or answers to questions for enforcing voting rights. The bill also outlines factors courts must consider when hearing challenges to voting practices, such as the history of official voting discrimination in the state or political subdivision. In addition, the bill (1) includes certain protections for election workers, polling places, and election infrastructure; and (2) expands voting access on tribal lands.

To amend the Voting Rights Act of 1965 to revise the criteria for determining which States and political subdivisions are subject to section 4 of the 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 ``John R. Lewis Voting Rights Advancement Act of 2021''. TITLE I--AMENDMENTS TO THE VOTING RIGHTS ACT SEC. 101. VOTE DILUTION, DENIAL, AND ABRIDGMENT CLAIMS. (a) In General.--Section 2(a) of the Voting Rights Act of 1965 (52 U.S.C. 10301(a)) is amended-- (1) by inserting after ``applied by any State or political subdivision'' the following: ``for the purpose of, or''; and (2) by striking ``as provided in subsection (b)'' and inserting ``as provided in subsection (b), (c), (d), or (e)''. (b) Vote Dilution.--Section 2 of such Act (52 U.S.C. 10301), as amended by subsection (a), is further amended by striking subsection (b) and inserting the following: ``(b) A violation of subsection (a) for vote dilution is established if, based on the totality of circumstances, it is shown that the political processes leading to nomination or election in the State or political subdivision are not equally open to participation by members of a class of citizens protected by subsection (a) in that its members have less opportunity than other members of the electorate to participate in the political process and to elect representatives of their choice. The extent to which members of a protected class have been elected to office in the State or political subdivision is one circumstance which may be considered: Provided, That nothing in this section establishes a right to have members of a protected class elected in numbers equal to their proportion in the population. The legal standard articulated in Thornburg v. Gingles, 478 U.S. 30 (1986), governs claims under this subsection. For purposes of this subsection a class of citizens protected by subsection (a) may include a cohesive coalition of members of different racial or language minority groups.''. (c) Vote Denial or Abridgement.--Section 2 of such Act (52 U.S.C. 10301), as amended by subsections (a) and (b), is further amended by adding at the end the following: ``(c)(1) A violation of subsection (a) for vote denial or abridgment is established if the challenged standard, practice, or procedure imposes a discriminatory burden on members of a class of citizens protected by subsection (a), meaning that-- ``(A) members of the protected class face greater difficulty in complying with the standard, practice, or procedure, considering the totality of the circumstances; and ``(B) such greater difficulty is, at least in part, caused by or linked to social and historical conditions that have produced or currently produce discrimination against members of the protected class. ``(2) The challenged standard, practice, or procedure need only be a but-for cause of the discriminatory burden or perpetuate a pre- existing discriminatory burden. ``(3)(A) The totality of the circumstances for consideration relative to a violation of subsection (a) for vote denial or abridgment shall include the following factors, which, individually and collectively, show how a voting standard, practice, or procedure can function to amplify the effects of past or present racial discrimination: ``(i) The history of official voting-related discrimination in the State or political subdivision. ``(ii) The extent to which voting in the elections of the State or political subdivision is racially polarized. ``(iii) The extent to which the State or political subdivision has used unduly burdensome photographic voter identification requirements, documentary proof of citizenship requirements, documentary proof of residence requirements, or other voting standards, practices, or procedures beyond those required by Federal law that may impair the ability of members of the protected class to participate fully in the political process. ``(iv) The extent to which members of the protected class bear the effects of discrimination in areas such as education, employment, and health, which hinder the ability of those members to participate effectively in the political process. ``(v) The use of overt or subtle racial appeals either in political campaigns or surrounding the adoption or maintenance of the challenged standard, practice, or procedure. ``(vi) The extent to which members of the protected class have been elected to public office in the jurisdiction, except that the fact that the protected class is too small to elect candidates of its choice shall not defeat a claim of vote denial or abridgment under this section. ``(vii) Whether there is a lack of responsiveness on the part of elected officials to the particularized needs of members of the protected class. ``(viii) Whether the policy underlying the State or political subdivision's use of the challenged qualification, prerequisite, standard, practice, or procedure has a tenuous connection to that qualification, prerequisite, standard, practice, or procedure. ``(B) A particular combination or number of factors under subparagraph (A) shall not be required to establish a violation of subsection (a) for vote denial or abridgment. ``(C) The totality of the circumstances for consideration relative to a violation of subsection (a) for vote denial or abridgment shall not include the following factors: ``(i) The total number or share of members of a protected class on whom a challenged standard, practice, or procedure does not impose a material burden. ``(ii) The degree to which the challenged standard, practice, or procedure has a long pedigree or was in widespread use at some earlier date. ``(iii) The use of an identical or similar standard, practice, or procedure in other States or political subdivisions. ``(iv) The availability of other forms of voting unimpacted by the challenged standard, practice, or procedure to all members of the electorate, including members of the protected class, unless the State or political subdivision is simultaneously expanding those other standards, practices, or procedures to eliminate any disproportionate burden imposed by the challenged standard, practice, or procedure. ``(v) A prophylactic impact on potential criminal activity by individual voters, if such crimes have not occurred in the State or political subdivision in substantial numbers. ``(vi) Mere invocation of interests in voter confidence or prevention of fraud.''. (d) Intended Vote Dilution or Vote Denial or Abridgment.--Section 2 of such Act (52 U.S.C. 10301), as amended by subsections (a), (b), and (c) is further amended by adding at the end the following: ``(d)(1) A violation of subsection (a) is also established if a challenged qualification, prerequisite, standard, practice, or procedure is intended, at least in part, to dilute the voting strength of a protected class or to deny or abridge the right of any citizen of the United States to vote on account of race, color, or in contravention of the guarantees set forth in section 4(f)(2). ``(2) Discrimination on account of race or color, or in contravention of the guarantees set forth in section 4(f)(2), need only be one purpose of a qualification, prerequisite, standard, practice, or procedure in order to establish a violation of subsection (a), as described in this subsection. A qualification, prerequisite, standard, practice, or procedure intended to dilute the voting strength of a protected class or to make it more difficult for members of a protected class to cast a ballot that will be counted constitutes a violation of subsection (a), as described in this subsection, even if an additional purpose of the qualification, prerequisite, standard, practice, or procedure is to benefit a particular political party or group. ``(3) Recent context, including actions by official decisionmakers in prior years or in other contexts preceding the decision responsible for the challenged qualification, prerequisite, standard, practice, or procedure, and including actions by predecessor government actors or individual members of a decisionmaking body, may be relevant to making a determination about a violation of subsection (a), as described under this subsection. ``(4) A claim that a violation of subsection (a) has occurred, as described under this subsection, shall require proof of a discriminatory impact but shall not require proof of violation of subsection (b) or (c).''. SEC. 102. RETROGRESSION. Section 2 of the Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.), as amended by section 101 of this Act, is further amended by adding at the end the following: ``(e) A violation of subsection (a) is established when a State or political subdivision enacts or seeks to administer any qualification or prerequisite to voting or standard, practice, or procedure with respect to voting in any election that has the purpose of or will have the effect of diminishing the ability of any citizens of the United States on account of race or color, or in contravention of the guarantees set forth in section 4(f)(2), to participate in the electoral process or elect their preferred candidates of choice. This subsection applies to any action taken on or after January 1, 2021, by a State or political subdivision to enact or seek to administer any such qualification or prerequisite to voting or standard, practice or procedure. ``(f) Notwithstanding the provisions of subsection (e), final decisions of the United States District Court of the District of Columbia on applications or petitions by States or political subdivisions for preclearance under section 5 of any changes in voting prerequisites, standards, practices, or procedures, supersede the provisions of subsection (e).''. SEC. 103. VIOLATIONS TRIGGERING AUTHORITY OF COURT TO RETAIN JURISDICTION. (a) Types of Violations.--Section 3(c) of the Voting Rights Act of 1965 (52 U.S.C. 10302(c)) is amended by striking ``violations of the fourteenth or fifteenth amendment'' and inserting ``violations of the 14th or 15th Amendment, violations of this Act, or violations of any Federal law that prohibits discrimination in voting on the basis of race, color, or membership in a language minority group,''. (b) Conforming Amendment.--Section 3(a) of such Act (52 U.S.C. 10302(a)) is amended by striking ``violations of the fourteenth or fifteenth amendment'' and inserting ``violations of the 14th or 15th Amendment, violations of this Act, or violations of any Federal law that prohibits discrimination in voting on the basis of race, color, or membership in a language minority group,''. SEC. 104. CRITERIA FOR COVERAGE OF STATES AND POLITICAL SUBDIVISIONS. (a) Determination of States and Political Subdivisions Subject to Section 4(a).-- (1) In general.--Section 4(b) of the Voting Rights Act of 1965 (52 U.S.C. 10303(b)) is amended to read as follows: ``(b) Determination of States and Political Subdivisions Subject to Requirements.-- ``(1) Existence of voting rights violations during previous 25 years.-- ``(A) Statewide application.--Subsection (a) applies with respect to a State and all political subdivisions within the State during a calendar year if-- ``(i) fifteen or more voting rights violations occurred in the State during the previous 25 calendar years; or ``(ii) ten or more voting rights violations occurred in the State during the previous 25 calendar years, at least one of which was committed by the State itself (as opposed to a political subdivision within the State). ``(B) Application to specific political subdivisions.--Subsection (a) applies with respect to a political subdivision as a separate unit during a calendar year if three or more voting rights violations occurred in the subdivision during the previous 25 calendar years. ``(2) Period of application.-- ``(A) In general.--Except as provided in subparagraph (B), if, pursuant to paragraph (1), subsection (a) applies with respect to a State or political subdivision during a calendar year, subsection (a) shall apply with respect to such State or political subdivision for the period-- ``(i) that begins on January 1 of the year in which subsection (a) applies; and ``(ii) that ends on the date which is 10 years after the date described in clause (i). ``(B) No further application after declaratory judgment.-- ``(i) States.--If a State obtains a declaratory judgment under subsection (a), and the judgment remains in effect, subsection (a) shall no longer apply to such State and all political subdivisions in the State pursuant to paragraph (1)(A) unless, after the issuance of the declaratory judgment, paragraph (1)(A) applies to the State solely on the basis of voting rights violations occurring after the issuance of the declaratory judgment. ``(ii) Political subdivisions.--If a political subdivision obtains a declaratory judgment under subsection (a), and the judgment remains in effect, subsection (a) shall no longer apply to such political subdivision pursuant to paragraph (1), including pursuant to paragraph (1)(A) (relating to the statewide application of subsection (a)), unless, after the issuance of the declaratory judgment, paragraph (1)(B) applies to the political subdivision solely on the basis of voting rights violations occurring after the issuance of the declaratory judgment. ``(3) Determination of voting rights violation.--For purposes of paragraph (1), a voting rights violation occurred in a State or political subdivision if any of the following applies: ``(A) Judicial relief; violation of the 14th or 15th amendment.--Any final judgment (that was not reversed on appeal) occurred, in which the plaintiff prevailed and in which any court of the United States determined that a denial or abridgement of the right of any citizen of the United States to vote on account of race, color, or membership in a language minority group occurred, or that a voting qualification or prerequisite to voting or standard, practice, or procedure with respect to voting created an undue burden on the right to vote in connection with a claim that the law unduly burdened voters of a particular race, color, or language minority group, in violation of the 14th or 15th Amendment to the Constitution of the United States, anywhere within the State or subdivision. ``(B) Judicial relief; violations of this act.--Any final judgment (that was not reversed on appeal) occurred in which the plaintiff prevailed and in which any court of the United States determined that a voting qualification or prerequisite to voting or standard, practice, or procedure with respect to voting was imposed or applied or would have been imposed or applied anywhere within the State or subdivision in a manner that resulted or would have resulted in a denial or abridgement of the right of any citizen of the United States to vote on account of race, color, or membership in a language minority group, in violation of subsection (e) or (f) or section 2, 201, or 203. ``(C) Final judgment; denial of declaratory judgment.--In a final judgment (that was not been reversed on appeal), any court of the United States has denied the request of the State or subdivision for a declaratory judgment under section 3(c) or section 5, and thereby prevented a voting qualification or prerequisite to voting or standard, practice, or procedure with respect to voting from being enforced anywhere within the State or subdivision. ``(D) Objection by the attorney general.--The Attorney General has interposed an objection under section 3(c) or section 5, and thereby prevented a voting qualification or prerequisite to voting or standard, practice, or procedure with respect to voting from being enforced anywhere within the State or subdivision. A violation under this subparagraph has not occurred where an objection has been withdrawn by the Attorney General, unless the withdrawal was in response to a change in the law or practice that served as the basis of the objection. A violation under this subparagraph has not occurred where the objection is based solely on a State or political subdivision's failure to comply with a procedural process that would not otherwise count as an independent violation of this Act. ``(E) Consent decree, settlement, or other agreement.-- ``(i) Agreement.--A consent decree, settlement, or other agreement was adopted or entered by a court of the United States that contains an admission of liability by the defendants, which resulted in the alteration or abandonment of a voting practice anywhere in the territory of such State or subdivision that was challenged on the ground that the practice denied or abridged the right of any citizen of the United States to vote on account of race, color, or membership in a language minority group in violation of subsection (e) or (f) or section 2, 201, or 203, or the 14th or 15th Amendment. ``(ii) Independent violations.--A voluntary extension or continuation of a consent decree, settlement, or agreement described in clause (i) shall not count as an independent violation under this subparagraph. Any other extension or modification of such a consent decree, settlement, or agreement, if the consent decree, settlement, or agreement has been in place for ten years or longer, shall count as an independent violation under this subparagraph. If a court of the United States finds that a consent decree, settlement, or agreement described in clause (i) itself denied or abridged the right of any citizen of the United States to vote on account of race, color, or membership in a language minority group, violated subsection (e) or (f) or section 2, 201, or 203, or created an undue burden on the right to vote in connection with a claim that the consent decree, settlement, or other agreement unduly burdened voters of a particular race, color, or language minority group, that finding shall count as an independent violation under this subparagraph. ``(F) Multiple violations.--Each instance in which a voting qualification or prerequisite to voting or standard, practice, or procedure with respect to voting, including each redistricting plan, is found to be a violation by a court of the United States pursuant to subparagraph (A) or (B), or prevented from being enforced pursuant to subparagraph (C) or (D), or altered or abandoned pursuant to subparagraph (E) shall count as an independent violation under this paragraph. Within a redistricting plan, each violation under this paragraph found to discriminate against any group of voters based on race, color, or language minority group shall count as an independent violation under this paragraph. ``(4) Timing of determinations.-- ``(A) Determinations of voting rights violations.-- As early as practicable during each calendar year, the Attorney General shall make the determinations required by this subsection, including updating the list of voting rights violations occurring in each State and political subdivision for the previous calendar year. ``(B) Effective upon publication in federal register.--A determination or certification of the Attorney General under this section or under section 8 or 13 shall be effective upon publication in the Federal Register.''. (2) Conforming amendments.--Section 4(a) of such Act (52 U.S.C. 10303(a)) is amended-- (A) in paragraph (1), in the first sentence of the matter preceding subparagraph (A), by striking ``any State with respect to which'' and all that follows through ``unless'' and inserting ``any State to which this subsection applies during a calendar year pursuant to determinations made under subsection (b), or in any political subdivision of such State (as such subdivision existed on the date such determinations were made with respect to such State), though such determinations were not made with respect to such subdivision as a separate unit, or in any political subdivision with respect to which this subsection applies during a calendar year pursuant to determinations made with respect to such subdivision as a separate unit under subsection (b), unless''; (B) in paragraph (1), in the matter preceding subparagraph (A), by striking the second sentence; (C) in paragraph (1)(A), by striking ``(in the case of a State or subdivision seeking a declaratory judgment under the second sentence of this subsection)''; (D) in paragraph (1)(B), by striking ``(in the case of a State or subdivision seeking a declaratory judgment under the second sentence of this subsection)''; (E) in paragraph (3), by striking ``(in the case of a State or subdivision seeking a declaratory judgment under the second sentence of this subsection)''; (F) in paragraph (5), by striking ``(in the case of a State or subdivision which sought a declaratory judgment under the second sentence of this subsection)''; (G) by striking paragraphs (7) and (8); and (H) by redesignating paragraph (9) as paragraph (7). (b) Clarification of Treatment of Members of Language Minority Groups.--Section 4(a)(1) of such Act (52 U.S.C. 10303(a)(1)), as amended by subsection (a), is further amended, in the first sentence, by striking ``race or color,'' and inserting ``race or color, or in contravention of the guarantees of subsection (f)(2),''. (c) Facilitating Bailout.--Section 4(a) of the Voting Rights Act of 1965 (52 U.S.C. 10303(a)), as amended by subsection (a), is further amended-- (1) by striking paragraph (1)(C); (2) by inserting at the beginning of paragraph (7), as redesignated by subsection (a)(2)(H), the following: ``Any plaintiff seeking a declaratory judgment under this subsection on the grounds that the plaintiff meets the requirements of paragraph (1) may request that the Attorney General consent to entry of judgment.''; and (3) by adding at the end the following: ``(8) If a political subdivision is subject to the application of this subsection, due to the applicability of subsection (b)(1)(A), the political subdivision may seek a declaratory judgment under this section if the subdivision demonstrates that the subdivision meets the criteria established by the subparagraphs of paragraph (1), for the 10 years preceding the date on which subsection (a) applied to the political subdivision under subsection (b)(1)(A). ``(9) If a political subdivision was not subject to the application of this subsection by reason of a declaratory judgment entered prior to the date of enactment of the John R. Lewis Voting Rights Advancement Act of 2021, and is not, subsequent to that date of enactment, subject to the application of this subsection under subsection (b)(1)(B), then that political subdivision shall not be subject to the requirements of this subsection.''. SEC. 105. DETERMINATION OF STATES AND POLITICAL SUBDIVISIONS SUBJECT TO PRECLEARANCE FOR COVERED PRACTICES. The Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.) is further amended by inserting after section 4 the following: ``SEC. 4A. DETERMINATION OF STATES AND POLITICAL SUBDIVISIONS SUBJECT TO PRECLEARANCE FOR COVERED PRACTICES. ``(a) Practice-Based Preclearance.-- ``(1) In general.--Each State and each political subdivision shall-- ``(A) identify any newly enacted or adopted law, regulation, or policy that includes a voting qualification or prerequisite to voting, or a standard, practice, or procedure with respect to voting, that is a covered practice described in subsection (b); and ``(B) ensure that no such covered practice is implemented unless or until the State or political subdivision, as the case may be, complies with subsection (c). ``(2) Determinations of characteristics of voting-age population.-- ``(A) In general.--As early as practicable during each calendar year, the Attorney General, in consultation with the Director of the Bureau of the Census and the heads of other relevant offices of the government, shall make the determinations required by this section regarding voting-age populations and the characteristics of such populations, and shall publish a list of the States and political subdivisions to which a voting-age population characteristic described in subsection (b) applies. ``(B) Publication in the federal register.--A determination (including a certification) of the Attorney General under this paragraph shall be effective upon publication in the Federal Register. ``(b) Covered Practices.--To assure that the right of citizens of the United States to vote is not denied or abridged on account of race, color, or membership in a language minority group as a result of the implementation of certain qualifications or prerequisites to voting, or standards, practices, or procedures with respect to voting, newly adopted in a State or political subdivision, the following shall be covered practices subject to the requirements described in subsection (a): ``(1) Changes to method of election.--Any change to the method of election-- ``(A) to add seats elected at-large in a State or political subdivision where-- ``(i) two or more racial groups or language minority groups each represent 20 percent or more of the voting-age population in the State or political subdivision, respectively; or ``(ii) a single language minority group represents 20 percent or more of the voting-age population on Indian lands located in whole or in part in the State or political subdivision; or ``(B) to convert one or more seats elected from a single-member district to one or more at-large seats or seats from a multi-member district in a State or political subdivision where-- ``(i) two or more racial groups or language minority groups each represent 20 percent or more of the voting-age population in the State or political subdivision, respectively; or ``(ii) a single language minority group represents 20 percent or more of the voting-age population on Indian lands located in whole or in part in the State or political subdivision. ``(2) Changes to political subdivision boundaries.--Any change or series of changes within a year to the boundaries of a political subdivision that reduces by 3 or more percentage points the percentage of the political subdivision's voting-age population that is comprised of members of a single racial group or language minority group in the political subdivision where-- ``(A) two or more racial groups or language minority groups each represent 20 percent or more of the political subdivision's voting-age population; or ``(B) a single language minority group represents 20 percent or more of the voting-age population on Indian lands located in whole or in part in the political subdivision. ``(3) Changes through redistricting.--Any change to the boundaries of districts for Federal, State, or local elections in a State or political subdivision where any racial group or language minority group that is not the largest racial group or language minority group in the jurisdiction and that represents 15 percent or more of the State or political subdivision's voting-age population experiences a population increase of at least 20 percent of its voting-age population, over the preceding decade (as calculated by the Bureau of the Census under the most recent decennial census), in the jurisdiction. ``(4) Changes in documentation or qualifications to vote.-- Any change to requirements for documentation or proof of identity to vote or register to vote in elections for Federal, State, or local offices that will exceed or be more stringent than such requirements under State law on the day before the date of enactment of the John R. Lewis Voting Rights Advancement Act of 2021. ``(5) Changes to multilingual voting materials.--Any change that reduces multilingual voting materials or alters the manner in which such materials are provided or distributed, where no similar reduction or alteration occurs in materials provided in English for such election. ``(6) Changes that reduce, consolidate, or relocate voting locations, or reduce voting opportunities.--Any change that reduces, consolidates, or relocates voting locations in elections for Federal, State, or local office, including early, absentee, and election-day voting locations, or reduces days or hours of in-person voting on any Sunday during a period occurring prior to the date of an election for Federal, State, or local office during which voters may cast ballots in such election, or prohibits the provision of food or non-alcoholic drink to persons waiting to vote in an election for Federal, State, or local office, except where the provision would violate prohibitions on expenditures to influence voting, if the location change, reduction in days or hours, or prohibition applies-- ``(A) in one or more census tracts in which two or more language minority groups or racial groups each represent 20 percent or more of the voting-age population; or ``(B) on Indian lands in which at least 20 percent of the voting-age population belongs to a single language minority group. ``(7) New list maintenance process.--Any change to the maintenance process for voter registration lists that adds a new basis for removal from the list of active voters registered to vote in elections for Federal, State, or local office, or that incorporates new sources of information in determining a voter's eligibility to vote in elections for Federal, State, or local office, if such a change would have a statistically significant disparate impact, concerning the removal from voter rolls, on members of racial groups or language minority groups that constitute greater than 5 percent of the voting-age population-- ``(A) in the case of a political subdivision imposing such change if-- ``(i) two or more racial groups or language minority groups each represent 20 percent or more of the voting-age population of the political subdivision; or ``(ii) a single language minority group represents 20 percent or more of the voting-age population on Indian lands located in whole or in part in the political subdivision; or ``(B) in the case of a State imposing such change, if two or more racial groups or language minority groups each represent 20 percent or more of the voting- age population of-- ``(i) the State; or ``(ii) a political subdivision in the State, except that the requirements under subsections (a) and (c) shall apply only with respect to each such political subdivision individually. ``(c) Preclearance.-- ``(1) In general.-- ``(A) Action .--Whenever a State or political subdivision with respect to which the requirements set forth in subsection (a) are in effect shall enact, adopt, or seek to implement any covered practice described under subsection (b), such State or subdivision may institute an action in the United States District Court for the District of Columbia for a declaratory judgment that such covered practice neither has the purpose nor will have the effect of denying or abridging the right to vote on account of race, color, or membership in a language minority group, and unless and until the court enters such judgment such covered practice shall not be implemented. ``(B) Submission to attorney general.-- ``(i) In general.--Notwithstanding subparagraph (A), such covered practice may be implemented without such proceeding if the covered practice has been submitted by the chief legal officer or other appropriate official of such State or subdivision to the Attorney General and the Attorney General has not interposed an objection within 60 days after such submission, or upon good cause shown, to facilitate an expedited approval within 60 days after such submission, the Attorney General has affirmatively indicated that such objection will not be made. For purposes of determining whether expedited consideration of approval is required under this subparagraph or section 5(a), an exigency such as a natural disaster, that requires a change in a voting qualification or prerequisite to voting or standard, practice, or procedure with respect to voting during the period of 30 days before a Federal election, shall be considered to be good cause requiring that expedited consideration. ``(ii) Effect of indication.--Neither an affirmative indication by the Attorney General that no objection will be made, nor the Attorney General's failure to object, nor a declaratory judgment entered under this subsection shall bar a subsequent action to enjoin implementation of such covered practice. In the event the Attorney General affirmatively indicates that no objection will be made within the 60-day period following receipt of a submission, the Attorney General may reserve the right to reexamine the submission if additional information comes to the Attorney General's attention during the remainder of the 60-day period which would otherwise require objection in accordance with this subsection. ``(C) Court.--Any action under this subsection shall be heard and determined by a court of three judges in accordance with the provisions of section 2284 of title 28, United States Code, and any appeal shall lie to the Supreme Court. ``(2) Denying or abridging the right to vote.--Any covered practice described in subsection (b) that has the purpose of or will have the effect of diminishing the ability of any citizens of the United States on account of race, color, or membership in a language minority group, to elect their preferred candidates of choice denies or abridges the right to vote within the meaning of paragraph (1). ``(3) Purpose defined.--The term `purpose' in paragraphs (1) and (2) shall include any discriminatory purpose. ``(4) Purpose of paragraph (2).--The purpose of paragraph (2) is to protect the ability of such citizens to elect their preferred candidates of choice. ``(d) Enforcement.--The Attorney General or any aggrieved citizen may file an action in a district court of the United States to compel any State or political subdivision to satisfy the obligations set forth in this section. Such an action shall be heard and determined by a court of three judges under section 2284 of title 28, United States Code. In any such action, the court shall provide as a remedy that implementation of any voting qualification or prerequisite to voting, or standard, practice, or procedure with respect to voting, that is the subject of the action under this subsection be enjoined unless the court determines that-- ``(1) the voting qualification or prerequisite to voting, or standard, practice, or procedure with respect to voting, is not a covered practice described in subsection (b); or ``(2) the State or political subdivision has complied with subsection (c) with respect to the covered practice at issue. ``(e) Counting of Racial Groups and Language Minority Groups.--For purposes of this section, the calculation of the population of a racial group or a language minority group shall be carried out using the methodology in the guidance of the Department of Justice entitled `Guidance Concerning Redistricting Under Section 5 of the Voting Rights Act; Notice' (76 Fed. Reg. 7470 (February 9, 2011)). ``(f) Special Rule.--For purposes of determinations under this section, any data provided by the Bureau of the Census, whether based on estimation from a sample or actual enumeration, shall not be subject to challenge or review in any court. ``(g) Multilingual Voting Materials.--In this section, the term `multilingual voting materials' means registration or voting notices, forms, instructions, assistance, or other materials or information relating to the electoral process, including ballots, provided in the language or languages of one or more language minority groups.''. SEC. 106. PROMOTING TRANSPARENCY TO ENFORCE THE VOTING RIGHTS ACT. (a) Transparency.--The Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.) is amended by inserting after section 5 the following: ``SEC. 6. TRANSPARENCY REGARDING CHANGES TO PROTECT VOTING RIGHTS. ``(a) Notice of Enacted Changes.-- ``(1) Notice of changes.--If a State or political subdivision makes any change in any qualification or prerequisite to voting or standard, practice, or procedure with respect to voting in any election for Federal office that will result in the qualification or prerequisite, standard, practice, or procedure being different from that which was in effect as of 180 days before the date of the election for Federal office, the State or political subdivision shall provide reasonable public notice in such State or political subdivision and on the website of the State or political subdivision, of a concise description of the change, including the difference between the changed qualification or prerequisite, standard, practice, or procedure and the qualification, prerequisite, standard, practice, or procedure which was previously in effect. The public notice described in this paragraph, in such State or political subdivision and on the website of a State or political subdivision, shall be in a format that is reasonably convenient and accessible to persons with disabilities who are eligible to vote, including persons who have low vision or are blind. ``(2) Deadline for notice.--A State or political subdivision shall provide the public notice required under paragraph (1) not later than 48 hours after making the change involved. ``(b) Transparency Regarding Polling Place Resources.-- ``(1) In general.--In order to identify any changes that may impact the right to vote of any person, prior to the 30th day before the date of an election for Federal office, each State or political subdivision with responsibility for allocating registered voters, voting machines, and official poll workers to particular precincts and polling places shall provide reasonable public notice in such State or political subdivision and on the website of a State or political subdivision, of the information described in paragraph (2) for precincts and polling places within such State or political subdivision. The public notice described in this paragraph, in such State or political subdivision and on the website of a State or political subdivision, shall be in a format that is reasonably convenient and accessible to persons with disabilities who are eligible to vote, including persons who have low vision or are blind. ``(2) Information described.--The information described in this paragraph with respect to a precinct or polling place is each of the following: ``(A) The name or number. ``(B) In the case of a polling place, the location, including the street address, and whether such polling place is accessible to persons with disabilities. ``(C) The voting-age population of the area served by the precinct or polling place, broken down by demographic group if such breakdown is reasonably available to such State or political subdivision. ``(D) The number of registered voters assigned to the precinct or polling place, broken down by demographic group if such breakdown is reasonably available to such State or political subdivision. ``(E) The number of voting machines assigned, including the number of voting machines accessible to persons with disabilities who are eligible to vote, including persons who have low vision or are blind. ``(F) The number of official paid poll workers assigned. ``(G) The number of official volunteer poll workers assigned. ``(H) In the case of a polling place, the dates and hours of operation. ``(3) Updates in information reported.--If a State or political subdivision makes any change in any of the information described in paragraph (2), the State or political subdivision shall provide reasonable public notice in such State or political subdivision and on the website of a State or political subdivision, of the change in the information not later than 48 hours after the change occurs or, if the change occurs fewer than 48 hours before the date of the election for Federal office, as soon as practicable after the change occurs. The public notice described in this paragraph and published on the website of a State or political subdivision shall be in a format that is reasonably convenient and accessible to persons with disabilities who are eligible to vote, including persons who have low vision or are blind. ``(c) Transparency of Changes Relating to Demographics and Electoral Districts.-- ``(1) Requiring public notice of changes.--Not later than 10 days after making any change in the constituency that will participate in an election for Federal, State, or local office or the boundaries of a voting unit or electoral district in an election for Federal, State, or local office (including through redistricting, reapportionment, changing from at-large elections to district-based elections, or changing from district-based elections to at-large elections), a State or political subdivision shall provide reasonable public notice in such State or political subdivision and on the website of a State or political subdivision, of the demographic and electoral data described in paragraph (3) for each of the geographic areas described in paragraph (2). ``(2) Geographic areas described.--The geographic areas described in this paragraph are as follows: ``(A) The State as a whole, if the change applies statewide, or the political subdivision as a whole, if the change applies across the entire political subdivision. ``(B) If the change includes a plan to replace or eliminate voting units or electoral districts, each voting unit or electoral district that will be replaced or eliminated. ``(C) If the change includes a plan to establish new voting units or electoral districts, each such new voting unit or electoral district. ``(3) Demographic and electoral data.--The demographic and electoral data described in this paragraph with respect to a geographic area described in paragraph (2) are each of the following: ``(A) The voting-age population, broken down by demographic group. ``(B) The number of registered voters, broken down by demographic group if such breakdown is reasonably available to the State or political subdivision involved. ``(C)(i) If the change applies to a State, the actual number of votes, or (if it is not reasonably practicable for the State to ascertain the actual number of votes) the estimated number of votes received by each candidate in each statewide election held during the 5-year period which ends on the date the change involved is made; and ``(ii) if the change applies to only one political subdivision, the actual number of votes, or (if it is not reasonably practicable for the political subdivision to ascertain the actual number of votes) the estimated number of votes in each subdivision-wide election held during the 5-year period which ends on the date the change involved is made. ``(4) Voluntary compliance by smaller jurisdictions.-- Compliance with this subsection shall be voluntary for a political subdivision of a State unless the subdivision is one of the following: ``(A) A county or parish. ``(B) A municipality with a population greater than 10,000, as determined by the Bureau of the Census under the most recent decennial census. ``(C) A school district with a population greater than 10,000, as determined by the Bureau of the Census under the most recent decennial census. For purposes of this subparagraph, the term `school district' means the geographic area under the jurisdiction of a local educational agency (as defined in section 8101 of the Elementary and Secondary Education Act of 1965). ``(d) Rules Regarding Format of Information.--The Attorney General may issue rules specifying a reasonably convenient and accessible format that States and political subdivisions shall use to provide public notice of information under this section. ``(e) No Denial of Right To Vote.--The right to vote of any person shall not be denied or abridged because the person failed to comply with any change made by a State or political subdivision to a voting qualification, prerequisite, standard, practice, or procedure if the State or political subdivision involved did not meet the applicable requirements of this section with respect to the change. ``(f) Definitions.--In this section-- ``(1) the term `demographic group' means each group which section 2 protects from the denial or abridgement of the right to vote on account of race or color, or in contravention of the guarantees set forth in section 4(f)(2); ``(2) the term `election for Federal office' means any general, special, primary, or runoff election held solely or in part for the purpose of electing any 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; and ``(3) the term `persons with disabilities', means individuals with a disability, as defined in section 3 of the Americans with Disabilities Act of 1990.''. (b) Effective Date.--The amendment made by subsection (a)(1) shall apply with respect to changes which are made on or after the expiration of the 60-day period which begins on the date of the enactment of this Act. SEC. 107. AUTHORITY TO ASSIGN OBSERVERS. (a) Clarification of Authority in Political Subdivisions Subject to Preclearance.--Section 8(a)(2)(B) of the Voting Rights Act of 1965 (52 U.S.C. 10305(a)(2)(B)) is amended to read as follows: ``(B) in the Attorney General's judgment, the assignment of observers is otherwise necessary to enforce the guarantees of the 14th or 15th Amendment or any provision of this Act or any other Federal law protecting the right of citizens of the United States to vote; or''. (b) Assignment of Observers To Enforce Bilingual Election Requirements.--Section 8(a) of such Act (52 U.S.C. 10305(a)) is amended-- (1) by striking ``or'' at the end of paragraph (1); (2) by inserting after paragraph (2) the following: ``(3) the Attorney General certifies with respect to a political subdivision that-- ``(A) the Attorney General has received written meritorious complaints from residents, elected officials, or civic participation organizations that efforts to violate section 203 are likely to occur; or ``(B) in the Attorney General's judgment, the assignment of observers is necessary to enforce the guarantees of section 203;''; and (3) by moving the margin for the continuation text following paragraph (3), as added by paragraph (2) of this subsection, 2 ems to the left. (c) Transferral of Authority Over Observers to the Attorney General.-- (1) Enforcement proceedings.--Section 3(a) of the Voting Rights Act of 1965 (52 U.S.C. 10302(a)) is amended by striking ``United States Civil Service Commission in accordance with section 6'' and inserting ``Attorney General in accordance with section 8''. (2) Observers; appointment and compensation.--Section 8 of the Voting Rights Act of 1965 (52 U.S.C. 10305) is amended-- (A) in subsection (a), in the flush matter at the end, by striking ``Director of the Office of Personnel Management shall assign as many observers for such subdivision as the Director'' and inserting ``Attorney General shall assign as many observers for such subdivision as the Attorney General''; (B) in subsection (c), by striking ``Director of the Office of Personnel Management'' and inserting ``Attorney General''; and (C) in subsection (c), by adding at the end the following: ``The Director of the Office of Personnel Management may, with the consent of the Attorney General, assist in the selection, recruitment, hiring, training, or deployment of these or other individuals authorized by the Attorney General for the purpose of observing whether persons who are entitled to vote are being permitted to vote and whether those votes are being properly tabulated.''. (3) Termination of certain appointments of observers.-- Section 13(a)(1) of the Voting Rights Act of 1965 (52 U.S.C. 10309(a)(1)) is amended by striking ``notifies the Director of the Office of Personnel Management,'' and inserting ``determines,''. SEC. 108. CLARIFICATION OF AUTHORITY TO SEEK RELIEF. (a) Poll Tax.--Section 10(b) of the Voting Rights Act of 1965 (52 U.S.C. 10306(b)) is amended by striking ``the Attorney General is authorized and directed to institute forthwith in the name of the United States such actions,'' and inserting ``an aggrieved person or (in the name of the United States) the Attorney General may institute such actions''. (b) Cause of Action.--Section 12(d) of the Voting Rights Act of 1965 (52 U.S.C. 10308(d)) is amended to read as follows: ``(d) Whenever there are reasonable grounds to believe that any person has engaged in, or is about to engage in, any act or practice that would (1) deny any citizen the right to register, to cast a ballot, or to have that ballot counted properly and included in the appropriate totals of votes cast in violation of the 14th, 15th, 19th, 24th, or 26th Amendments to the Constitution of the United States, (2) violate subsection (a) or (b) of section 11, or (3) violate any other provision of this Act or any other Federal voting rights law that prohibits discrimination on the basis of race, color, or membership in a language minority group, an aggrieved person or (in the name of the United States) the Attorney General may institute an action for preventive relief, including an application for a temporary or permanent injunction, restraining order, or other appropriate order. Nothing in this subsection shall be construed to create a cause of action for civil enforcement of criminal provisions of this or any other Act.''. (c) Judicial Relief.--Section 204 of the Voting Rights Act of 1965 (52 U.S.C. 10504) is amended by striking the first sentence and inserting the following: ``Whenever there are reasonable grounds to believe that a State or political subdivision has engaged or is about to engage in any act or practice prohibited by a provision of this title, an aggrieved person or (in the name of the United States) the Attorney General may institute an action in a district court of the United States, for a restraining order, a preliminary or permanent injunction, or such other order as may be appropriate.''. (d) Enforcement of Twenty-sixth Amendment.--Section 301(a)(1) of the Voting Rights Act of 1965 (52 U.S.C. 10701(a)(1)) is amended to read as follows: ``(a)(1) An aggrieved person or (in the name of the United States) the Attorney General may institute an action in a district court of the United States, for a restraining order, a preliminary or permanent injunction, or such other order as may be appropriate to implement the 26th Amendment to the Constitution of the United States.''. SEC. 109. PREVENTIVE RELIEF. Section 12(d) of the Voting Rights Act of 1965 (52 U.S.C. 10308(d)), as amended by section 108, is further amended by adding at the end the following: ``(2)(A) In considering any motion for preliminary relief in any action for preventive relief described in this subsection, the court shall grant the relief if the court determines that the complainant has raised a serious question as to whether the challenged voting qualification or prerequisite to voting or standard, practice, or procedure violates any of the provisions listed in section 11(a)(1) of the John R. Lewis Voting Rights Advancement Act and, on balance, the hardship imposed on the defendant by the grant of the relief will be less than the hardship which would be imposed on the plaintiff if the relief were not granted. ``(B) In making its determination under this paragraph with respect to a change in any voting qualification, prerequisite to voting, or standard, practice, or procedure with respect to voting, the court shall consider all relevant factors and give due weight to the following factors, if they are present: ``(i) Whether the qualification, prerequisite, standard, practice, or procedure in effect prior to the change was adopted as a remedy for a Federal court judgment, consent decree, or admission regarding-- ``(I) discrimination on the basis of race or color in violation of the 14th or 15th Amendment to the Constitution of the United States; ``(II) a violation of the 19th, 24th, or 26th Amendments to the Constitution of the United States; ``(III) a violation of this Act; or ``(IV) voting discrimination on the basis of race, color, or membership in a language minority group in violation of any other Federal or State law. ``(ii) Whether the qualification, prerequisite, standard, practice, or procedure in effect prior to the change served as a ground for the dismissal or settlement of a claim alleging-- ``(I) discrimination on the basis of race or color in violation of the 14th or 15th Amendment to the Constitution of the United States; ``(II) a violation of the 19th, 24th, or 26th Amendment to the Constitution of the United States; ``(III) a violation of this Act; or ``(IV) voting discrimination on the basis of race, color, or membership in a language minority group in violation of any other Federal or State law. ``(iii) Whether the change was adopted fewer than 180 days before the date of the election with respect to which the change is to take or takes effect. ``(iv) Whether the defendant has failed to provide timely or complete notice of the adoption of the change as required by applicable Federal or State law. ``(3) A jurisdiction's inability to enforce its voting or election laws, regulations, policies, or redistricting plans, standing alone, shall not be deemed to constitute irreparable harm to the public interest or to the interests of a defendant in an action arising under the Constitution or any Federal law that prohibits discrimination on the basis of race, color, or membership in a language minority group in the voting process, for the purposes of determining whether a stay of a court's order or an interlocutory appeal under section 1253 of title 28, United States Code, is warranted.''. SEC. 110. BILINGUAL ELECTION REQUIREMENTS. Section 203(b)(1) of the Voting Rights Act of 1965 (52 U.S.C. 10503(b)(1)) is amended by striking ``2032'' and inserting ``2037''. SEC. 111. RELIEF FOR VIOLATIONS OF VOTING RIGHTS LAWS. (a) In General.-- (1) Relief for violations of voting rights laws.--In this section, the term ``prohibited act or practice'' means-- (A) any act or practice-- (i) that creates an undue burden on the fundamental right to vote in violation of the 14th Amendment to the Constitution of the United States or violates the Equal Protection Clause of the 14th Amendment to the Constitution of the United States; or (ii) that is prohibited by the 15th, 19th, 24th, or 26th Amendment to the Constitution of the United States, section 2004 of the Revised Statutes (52 U.S.C. 10101), the Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.), the National Voter Registration Act of 1993 (52 U.S.C. 20501 et seq.), the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20301 et seq.), the Help America Vote Act of 2002 (52 U.S.C. 20901 et seq.), the Voting Accessibility for the Elderly and Handicapped Act (52 U.S.C. 20101 et seq.), or section 2003 of the Revised Statutes (52 U.S.C. 10102); and (B) any act or practice in violation of any Federal law that prohibits discrimination with respect to voting, including the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). (2) Rule of construction.--Nothing in this section shall be construed to diminish the authority or scope of authority of any person to bring an action under any Federal law. (3) Attorney's fees.--Section 722(b) of the Revised Statutes (42 U.S.C. 1988(b)) is amended by inserting ``a provision described in section 111(a)(1) of the John R. Lewis Voting Rights Advancement Act of 2021,'' after ``title VI of the Civil Rights Act of 1964,''. (b) Grounds for Equitable Relief.--In any action for equitable relief pursuant to a law listed under subsection (a), proximity of the action to an election shall not be a valid reason to deny such relief, or stay the operation of or vacate the issuance of such relief, unless the party opposing the issuance or continued operation of relief meets the burden of proving by clear and convincing evidence that the issuance of the relief would be so close in time to the election as to cause irreparable harm to the public interest or that compliance with such relief would impose serious burdens on the party opposing relief. (1) In general.--In considering whether to grant, deny, stay, or vacate any order of equitable relief, the court shall give substantial weight to the public's interest in expanding access to the right to vote. A State's generalized interest in enforcing its enacted laws shall not be a relevant consideration in determining whether equitable relief is warranted. (2) Presumptive safe harbor.--Where equitable relief is sought either within 30 days of the adoption or reasonable public notice of the challenged policy or practice, or more than 45 days before the date of an election to which the relief being sought will apply, proximity to the election will be presumed not to constitute a harm to the public interest or a burden on the party opposing relief. (c) Grounds for Stay or Vacatur in Federal Claims Involving Voting Rights.-- (1) Prospective effect.--In reviewing an application for a stay or vacatur of equitable relief granted pursuant to a law listed in subsection (a), a court shall give substantial weight to the reliance interests of citizens who acted pursuant to such order under review. In fashioning a stay or vacatur, a reviewing court shall not order relief that has the effect of denying or abridging the right to vote of any citizen who has acted in reliance on the order. (2) Written explanation.--No stay or vacatur under this subsection shall issue unless the reviewing court makes specific findings that the public interest, including the public's interest in expanding access to the ballot, will be harmed by the continuing operation of the equitable relief or that compliance with such relief will impose serious burdens on the party seeking such a stay or vacatur such that those burdens substantially outweigh the benefits to the public interest. In reviewing an application for a stay or vacatur of equitable relief, findings of fact made in issuing the order under review shall not be set aside unless clearly erroneous. SEC. 112. PROTECTION OF TABULATED VOTES. The Voting Rights Act of 1965 (52 U.S.C. 10307) is amended-- (1) in section 11-- (A) by amending subsection (a) to read as follows: ``(a) No person acting under color of law shall-- ``(1) fail or refuse to permit any person to vote who is entitled to vote under Federal law or is otherwise qualified to vote; ``(2) willfully fail or refuse to tabulate, count, and report such person's vote; or ``(3) willfully fail or refuse to certify the aggregate tabulations of such persons' votes or certify the election of the candidates receiving sufficient such votes to be elected to office.''; and (B) in subsection (b), by inserting ``subsection (a) or'' after ``duties under''; and (2) in section 12-- (A) in subsection (b)-- (i) by striking ``a year following an election in a political subdivision in which an observer has been assigned'' and inserting ``22 months following an election for Federal office''; and (ii) by adding at the end the following: ``Whenever the Attorney General has reasonable grounds to believe that any person has engaged in or is about to engage in an act in violation of this subsection, the Attorney General may institute (in the name of the United States) a civil action in Federal district court seeking appropriate relief.''; (B) in subsection (c), by inserting ``or solicits a violation of'' after ``conspires to violate''; and (C) in subsection (e), by striking the first and second sentences and inserting the following: ``If, after the closing of the polls in an election for Federal office, persons allege that notwithstanding (1) their registration by an appropriate election official and (2) their eligibility to vote in the political subdivision, their ballots have not been counted in such election, and if upon prompt receipt of notifications of these allegations, the Attorney General finds such allegations to be well founded, the Attorney General may forthwith file with the district court an application for an order providing for the counting and certification of the ballots of such persons and requiring the inclusion of their votes in the total vote for all applicable offices before the results of such election shall be deemed final and any force or effect given thereto.''. SEC. 113. ENFORCEMENT OF VOTING RIGHTS BY ATTORNEY GENERAL. Section 12 of the Voting Rights Act of 1965 (52 U.S.C. 10308), as amended by this Act, is further amended by adding at the end the following: ``(g) Voting Rights Enforcement by Attorney General.-- ``(1) In general.--In order to fulfill the Attorney General's responsibility to enforce this Act and other Federal laws that protect the right to vote, the Attorney General (or upon designation by the Attorney General, the Assistant Attorney General for Civil Rights) is authorized, before commencing a civil action, to issue a demand for inspection and information in writing to any State or political subdivision, or other governmental representative or agent, with respect to any relevant documentary material that the Attorney General has reason to believe is within their possession, custody, or control. A demand by the Attorney General under this subsection may require-- ``(A) the production of such documentary material for inspection and copying; ``(B) answers in writing to written questions with respect to such documentary material; or ``(C) both the production described under subparagraph (A) and the answers described under subparagraph (B). ``(2) Contents of an attorney general demand.-- ``(A) In general.--Any demand issued under paragraph (1), shall include a sworn certificate to identify the voting qualification or prerequisite to voting or standard, practice, or procedure with respect to voting, or other voting related matter or issue, whose lawfulness the Attorney General is investigating and to identify the Federal law that protects the right to vote under which the investigation is being conducted. The demand shall be reasonably calculated to lead to the discovery of documentary material and information relevant to such investigation. Documentary material includes any material upon which relevant information is recorded, and includes written or printed materials, photographs, tapes, or materials upon which information is electronically or magnetically recorded. Such demands shall be aimed at the Attorney General having the ability to inspect and obtain copies of relevant materials (as well as obtain information) related to voting and are not aimed at the Attorney General taking possession of original records, particularly those that are required to be retained by State and local election officials under Federal or State law. ``(B) No requirement for production.--Any demand issued under paragraph (1) may not require the production of any documentary material or the submission of any answers in writing to written questions if such material or answers would be protected from disclosure under the standards applicable to discovery requests under the Federal Rules of Civil Procedure in an action in which the Attorney General or the United States is a party. ``(C) Documentary material.--If the demand issued under paragraph (1) requires the production of documentary material, it shall-- ``(i) identify the class of documentary material to be produced with such definiteness and certainty as to permit such material to be fairly identified; and ``(ii) prescribe a return date for production of the documentary material at least 20 days after issuance of the demand to give the State or political subdivision, or other governmental representative or agent, a reasonable period of time for assembling the documentary material and making it available for inspection and copying. ``(D) Answers to written questions.--If the demand issued under paragraph (1) requires answers in writing to written questions, it shall-- ``(i) set forth with specificity the written question to be answered; and ``(ii) prescribe a date at least 20 days after the issuance of the demand for submitting answers in writing to the written questions. ``(E) Service.--A demand issued under paragraph (1) may be served by a United States marshal or a deputy marshal, or by certified mail, at any place within the territorial jurisdiction of any court of the United States. ``(3) Responses to an attorney general demand.--A State or political subdivision, or other governmental representative or agent, shall, with respect to any documentary material or any answer in writing produced under this subsection, provide a sworn certificate, in such form as the demand issued under paragraph (1) designates, by a person having knowledge of the facts and circumstances relating to such production or written answer, authorized to act on behalf of the State or political subdivision, or other governmental representative or agent, upon which the demand was served. The certificate-- ``(A) shall state that-- ``(i) all of the documentary material required by the demand and in the possession, custody, or control of the State or political subdivision, or other governmental representative or agent, has been produced; ``(ii) with respect to every answer in writing to a written question, all information required by the question and in the possession, custody, control, or knowledge of the State or political subdivision, or other governmental representative or agent, has been submitted; or ``(iii) the requirements described in both clause (i) and clause (ii) have been met; or ``(B) provide the basis for any objection to producing the documentary material or answering the written question. To the extent that any information is not furnished, the information shall be identified and reasons set forth with particularity regarding the reasons why the information was not furnished. ``(4) Judicial proceedings.-- ``(A) Petition for enforcement.--Whenever any State or political subdivision, or other governmental representative or agent, fails to comply with demand issued by the Attorney General under paragraph (1), the Attorney General may file, in a district court of the United States in which the State or political subdivision, or other governmental representative or agent, is located, a petition for a judicial order enforcing the Attorney General demand issued under paragraph (1). ``(B) Petition to modify.-- ``(i) In general.--Any State or political subdivision, or other governmental representative or agent, that is served with a demand issued by the Attorney General under paragraph (1) may file in the United States District Court for the District of Columbia a petition for an order of the court to modify or set aside the demand of the Attorney General. ``(ii) Petition to modify.--Any petition to modify or set aside a demand of the Attorney General issued under paragraph (1) must be filed within 20 days after the date of service of the Attorney General's demand or at any time before the return date specified in the Attorney General's demand, whichever date is earlier. ``(iii) Contents of petition.--The petition shall specify each ground upon which the petitioner relies in seeking relief under clause (i), and may be based upon any failure of the Attorney General's demand to comply with the provisions of this section or upon any constitutional or other legal right or privilege of the State or political subdivision, or other governmental representative or agent. During the pendency of the petition in the court, the court may stay, as it deems proper, the running of the time allowed for compliance with the Attorney General's demand, in whole or in part, except that the State or political subdivision, or other governmental representative or agent, filing the petition shall comply with any portions of the Attorney General's demand not sought to be modified or set aside.''. SEC. 114. DEFINITIONS. Title I of the Voting Rights Act of 1965 (52 U.S.C. 10301) is amended by adding at the end the following: ``SEC. 21. DEFINITIONS. ``In this Act: ``(1) 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). ``(2) Indian lands.--The term `Indian lands' means-- ``(A) any Indian country of an Indian tribe, as such term is defined in section 1151 of title 18, United States Code; ``(B) any land in Alaska that is owned, pursuant to the Alaska Native Claims Settlement Act, by an Indian tribe that is a Native village (as such term is defined in section 3 of such Act), or by a Village Corporation that is associated with the Indian tribe (as such term is defined in section 3 of such Act); ``(C) any land on which the seat of government of the Indian tribe is located; and ``(D) any land that is part or all of a tribal designated statistical area associated with the Indian tribe, or is part or all of an Alaska Native village statistical area associated with the tribe, as defined by the Bureau of the Census for the purposes of the most recent decennial census. ``(3) Indian tribe.--The term `Indian tribe' or `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). ``(4) Tribal government.--The term `Tribal Government' means the recognized governing body of an Indian Tribe. ``(5) Voting-age population.--The term `voting-age population' means the numerical size of the population within a State, within a political subdivision, or within a political subdivision that contains Indian lands, as the case may be, that consists of persons age 18 or older, as calculated by the Bureau of the Census under the most recent decennial census.''. SEC. 115. ATTORNEYS' FEES. Section 14(c) of the Voting Rights Act of 1965 (52 U.S.C. 10310(c)) is amended by adding at the end the following: ``(4) The term `prevailing party' means a party to an action that receives at least some of the benefit sought by such action, states a colorable claim, and can establish that the action was a significant cause of a change to the status quo.''. SEC. 116. OTHER TECHNICAL AND CONFORMING AMENDMENTS. (a) Actions Covered Under Section 3.--Section 3(c) of the Voting Rights Act of 1965 (52 U.S.C. 10302(c)) is amended-- (1) by striking ``any proceeding instituted by the Attorney General or an aggrieved person under any statute to enforce'' and inserting ``any action under any statute in which a party (including the Attorney General) seeks to enforce''; and (2) by striking ``at the time the proceeding was commenced'' and inserting ``at the time the action was commenced''. (b) Clarification of Treatment of Members of Language Minority Groups.--Section 4(f) of such Act (52 U.S.C. 10303(f)) is amended-- (1) in paragraph (1), by striking the second sentence; and (2) by striking paragraphs (3) and (4). (c) Period During Which Changes in Voting Practices Are Subject to Preclearance Under Section 5.--Section 5 of such Act (52 U.S.C. 10304) is amended-- (1) in subsection (a), by striking ``based upon determinations made under the first sentence of section 4(b) are in effect'' and inserting ``are in effect during a calendar year''; (2) in subsection (a), by striking ``November 1, 1964'' and all that follows through ``November 1, 1972'' and inserting ``the applicable date of coverage''; and (3) by adding at the end the following new subsection: ``(e) The term `applicable date of coverage' means, with respect to a State or political subdivision-- ``(1) June 25, 2013, if the most recent determination for such State or subdivision under section 4(b) was made on or before December 31, 2021; or ``(2) the date on which the most recent determination for such State or subdivision under section 4(b) was made, if such determination was made after December 31, 2021.''. (d) Review of Preclearance Submission Under Section 5 Due to Exigency.--Section 5 of such Act (52 U.S.C. 10304) is amended, in subsection (a), by inserting ``An exigency, including a natural disaster, inclement weather, or other unforeseeable event, requiring such different qualification, prerequisite, standard, practice, or procedure within 30 days of a Federal, State, or local election shall constitute good cause requiring the Attorney General to expedite consideration of the submission.'' after ``will not be made.''. SEC. 117. SEVERABILITY. If any provision of the John R. Lewis Voting Rights Advancement Act of 2021 or any amendment made by this title, or the application of such a provision or amendment to any person or circumstance, is held to be unconstitutional or is otherwise enjoined or unenforceable, the remainder of this title and amendments made by this title, and the application of the provisions and amendments to any other person or circumstance, and any remaining provision of the Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.), shall not be affected by the holding. In addition, if any provision of the Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.), or any amendment to the Voting Rights Act of 1965, or the application of such a provision or amendment to any person or circumstance, is held to be unconstitutional or is otherwise enjoined or unenforceable, the application of the provision and amendment to any other person or circumstance, and any remaining provisions of the Voting Rights Act of 1965, shall not be affected by the holding. SEC. 118. GRANTS TO ASSIST WITH NOTICE REQUIREMENTS UNDER THE VOTING RIGHTS ACT OF 1965. (a) In General.--The Attorney General shall make grants each fiscal year to small jurisdictions who submit applications under subsection (b) for purposes of assisting such small jurisdictions with compliance with the requirements of the Voting Rights Act of 1965 to submit or publish notice of any change to a qualification, prerequisite, standard, practice or procedure affecting voting. (b) Application.--To be eligible for a grant under this section, a small jurisdiction shall submit an application to the Attorney General in such form and containing such information as the Attorney General may require regarding the compliance of such small jurisdiction with the provisions of the Voting Rights Act of 1965. (c) Small Jurisdiction Defined.--For purposes of this section, the term ``small jurisdiction'' means any political subdivision of a State with a population of 10,000 or less. TITLE II--ELECTION WORKER AND POLLING PLACE PROTECTION SEC. 201. SHORT TITLE. This title may be cited as the ``Election Worker and Polling Place Protection Act''. SEC. 202. FEDERALLY PROTECTED ACTIVITIES. Section 245 of title 18, United States Code, is amended-- (1) in subsection (b)-- (A) in the matter preceding paragraph (1), by striking ``willfully'' and inserting ``, or violence, or threat of harm to any person or property, intentionally''; (B) in paragraph (1)(A), by inserting ``, or any agent, contractor, or vendor of a legally authorized election official assisting in the administration of any primary, special, or general election'' before the semicolon at the end; and (C) in the undesignated matter following paragraph (5)-- (i) by striking ``one year'' and inserting ``3 years''; and (ii) by striking ``of this section'' each place it appears and inserting ``of this subsection''; (2) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and (3) by inserting after subsection (b) the following: ``(c)(1) Whoever, whether or not acting under color of law, intentionally physically damages or threatens to physically damage any physical property being used as a polling place or tabulation center or other election infrastructure shall be fined under this title, or imprisoned not more than 1 year, or both; and if bodily injury results from the acts committed in violation of this subsection or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire shall be fined under this title, or imprisoned not more than 10 years, or both; and if death results from the acts committed in violation of this subsection or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title or imprisoned for any term of years or for life, or both. ``(2) For purposes of this subsection, de minimus damage or threats of de minimus damage to physical property, such as graffiti, shall not be considered a violation of paragraph (1). ``(3) In this subsection, the term `election infrastructure' means any office of an election official, staff, worker, or volunteer or any physical, mechanical, or electrical device, structure, or tangible item used in the process of creating, distributing, voting, returning, counting, tabulating, auditing, storing, or other handling of voter registration or ballot information.''. TITLE III--NATIVE AMERICAN VOTING RIGHTS ACT SEC. 301. SHORT TITLE. This title may be cited as the ``Frank Harrison, Elizabeth Peratrovich, and Miguel Trujillo Native American Voting Rights Act of 2021''. SEC. 302. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1) The Constitution explicitly and implicitly grants Congress broad general powers to legislate on issues relating to Indian Tribes, powers consistently described as plenary and exclusive. These powers arise from the grant of authority in the Indian Commerce Clause and through legislative matters arising under the Treaty Clause. (2) The Federal Government is responsible for upholding the obligations to which the Federal Government has agreed through treaties, legislation, and executive orders, referred to as the Federal trust responsibility toward Indian Tribes and their members. (3) The Supreme Court has repeatedly relied on the nature of this ``government to government'' relationship between the United States and sovereign Indian Tribes for congressional authority to enact ``legislation that singles out Indians for particular and special treatment''. Morton v. Mancari, 417 U.S. 535, 554-555 (1974). (4) Legislation removing barriers to Native American voting is vital for the fulfillment of Congress' ``unique obligation'' toward Indians, particularly ensuring that Native American voters are fully included as ``qualified members of the modern body politic''. Board of County Comm'rs v. Seber, 318 U.S. 705, 715 (1943). (5) Under the Elections Clause of article I, section 4 of the Constitution, Congress has additional power to regulate any election conducted to select Members of Congress. Taken together, the Indian Commerce Clause and the Election Clause give Congress broad authority to enact legislation to safeguard the voting rights of Native American voters. (6) Despite Congress' decision to grant Native Americans Federal citizenship, and with it the protections of the Fifteenth Amendment, with passage of the Act of June 2, 1924 (Chapter 233; 43 Stat. 253) (commonly known as the ``Indian Citizenship Act of 1924''), States continued to deploy distinct methods for disenfranchising Indians by enacting statutes to exclude from voter rolls Indians living on Indian lands, requiring that Indians first terminate their relationship with their Indian Tribe, restricting the right to vote on account of a Tribal member's ``guardianship'' status, and imposing literacy tests. (7) Barriers to voter access for Native Americans persist today, and such barriers range from obstructing voter access to vote dilution and intentional malapportionment of electoral districts. (8) The Native American Voting Rights Coalition's nine field hearings in Indian Country and four-State survey of voter discrimination revealed a number of additional obstacles that Native Americans must overcome in some States, including-- (A) a lack of accessible registration and polling sites, either due to conditions such as geography, lack of paved roads, the absence of reliable and affordable broadband connectivity, and restrictions on the time, place, and manner that eligible people can register and vote, including unequal opportunities for absentee, early, mail-in, and in-person voting; (B) nontraditional or nonexistent addresses for residents on Indian reservations, lack of residential mail delivery and pick up, reliance on distant post offices with abbreviated operating hours for mail services, insufficient housing units, overcrowded homes, and high incidence of housing insecurity and homelessness, lack of access to vehicles, and disproportionate poverty which make voter registration, acquisition and dropping off of mail-in ballots, receipt of voting information and materials, and securing required identification difficult, if not impossible; (C) inadequate language assistance for Tribal members, including lack of outreach and publicity, the failure to provide complete, accurate, and uniform translations of all voting materials in the relevant Native language, and an insufficient number of trained bilingual poll workers; and (D) voter identification laws that discriminate against Native Americans. (9) The Department of Justice and courts also recognized that some jurisdictions have been unresponsive to reasonable requests from federally recognized Indian Tribes for more accessible voter registration sites and in-person voting locations. (10) According to the National Congress of American Indians, there is a wide gap between the voter registration and turnout rates of eligible American Indians and Alaska Natives and the voter registration and turnout rates of non-Hispanic White and other racial and ethnic groups. (11) Despite these obstacles, the Native American vote continues to play a significant role in Federal, State, and local elections. (12) In Alaska, New Mexico, Oklahoma, and South Dakota, Native Americans, American Indians, and Alaska Natives comprise approximately 10 percent or more of the voting population. (13) The Native American vote also holds great potential, with over 1,000,000 voters who are eligible to vote, but are not registered to vote. (b) Purposes.--The purposes of this title are-- (1) to fulfill the Federal Government's trust responsibility to protect and promote Native Americans' exercise of their constitutionally guaranteed right to vote, including the right to register to vote and the ability to access all mechanisms for voting; (2) to establish Tribal administrative review procedures for a specific subset of State actions that have been used to restrict access to the polls on Indian lands; (3) to expand voter registration under the National Voter Registration Act of 1993 (52 U.S.C. 20501 et seq.) to cover Federal facilities; (4) to afford equal treatment to forms of identification unique to Indian Tribes and their members; (5) to ensure American Indians and Alaska Natives experiencing homelessness, housing insecurity, or lacking residential mail pickup and delivery can pool resources to pick up and return ballots; (6) to clarify the obligations of States and political subdivisions regarding the provision of translated voting materials for American Indians and Alaska Natives under section 203 of the Voting Rights Act of 1965 (52 U.S.C. 10503); (7) to provide Tribal leaders with a direct pathway to request Federal election observers and to allow public access to the reports of those election observers; (8) to study the prevalence of nontraditional or nonexistent mailing addresses in Native communities and identify solutions to voter access that arise from the lack of an address; and (9) to direct the Department of Justice to consult on an annual basis with Indian Tribes on issues related to voting. SEC. 303. DEFINITIONS. In this title: (1) Attorney general.--The term ``Attorney General'' means the United States Attorney General. (2) 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). (3) Indian lands.--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. (4) Indian tribe.--The term ``Indian Tribe'' means the recognized governing body of any Indian or Alaska Native Tribe, band, nation, pueblo, village, community, component band, or component reservation, individually identified (including parenthetically) in the list published most recently as of the date of enactment of this title pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131). (5) Polling place.--The term ``polling place'' means any location where a ballot is cast in elections for Federal office, and includes a voter center, poll, polling location, or polling place, depending on the State nomenclature. SEC. 304. ESTABLISHMENT OF A NATIVE AMERICAN VOTING TASK FORCE GRANT PROGRAM. (a) In General.--The Office for Civil Rights at the Office of Justice Programs of the Department of Justice (referred to in this section as the ``Office'') shall establish and administer, in coordination with the Department of the Interior, a Native American voting task force grant program, through which the Office shall provide financial assistance to eligible applicants to enable those eligible applicants to establish and operate a Native American Voting Task Force in each State with a federally recognized Indian Tribe. (b) Purposes.--The purposes of the Native American voting task force grant program are to-- (1) increase voter outreach, education, registration, and turnout in Native American communities; (2) increase access to the ballot for Native American communities, including additional satellite, early voting, and absentee voting locations; (3) streamline and reduce inconsistencies in the voting process for Native Americans; (4) provide, in the community's dominant language, educational materials and classes on Indian lands about candidacy filing; (5) train and educate State and local employees, including poll workers, about-- (A) the language assistance and voter assistance requirements under sections 203 and 208 of the Voting Rights Act of 1965 (52 U.S.C. 10503; 10508); (B) voter identification laws as affected by section 108 of this title; and (C) the requirements of Tribes, States, and precincts established under this title; (6) identify model programs and best practices for providing language assistance to Native American communities; (7) provide nonpartisan poll watchers on election day in Native American communities; (8) participate in and evaluate future redistricting efforts; (9) address issues of internet connectivity as it relates to voter registration and ballot access in Native American communities; (10) work with Indian Tribes, States, and the Federal Government to establish mailing addresses that comply with applicable State and Federal requirements for receipt of voting information and materials; and (11) facilitate collaboration between local election officials, Native American communities, and Tribal elections offices. (c) Eligible Applicant.--The term ``eligible applicant'' means-- (1) an Indian Tribe; (2) a Secretary of State of a State, or another official of a State entity responsible for overseeing elections; (3) a nonprofit organization that works, in whole or in part, on voting issues; or (4) a consortium of entities described in paragraphs (1) through (3). (d) Application and Selection Process.-- (1) In general.--The Office, in coordination with the Department of the Interior and following consultation with Indian Tribes about the implementation of the Native American voting task force grant program, shall establish guidelines for the process by which eligible applicants will submit applications. (2) Applications.--Each eligible applicant desiring a grant under this section shall submit an application, according to the process established under paragraph (1), and at such time, in such manner, and containing such information as the Office may require. Such application shall include-- (A) a certification that the applicant is an eligible applicant; (B) a proposed work plan addressing how the eligible applicant will establish and administer a Native American Voting Task Force that achieves the purposes described in subsection (b); (C) if the eligible applicant is a consortium as described in subsection (c)(4), a description of the proposed division of responsibilities between the participating entities; (D) an explanation of the time period that the proposed Native American Voting Task Force will cover, which shall be a time period that is not more than 3 years; and (E) the goals that the eligible applicant desires to achieve with the grant funds. (e) Uses of Funds.--A grantee receiving funds under this section shall use such funds to carry out one or more of the activities described in subsection (b), through the grantee's Native American Voting Task Force. (f) Reports.-- (1) Report to the office.-- (A) In general.--Not later than 1 year after the date on which an eligible applicant receives grant funds under this section, and annually thereafter for the duration of the grant, each eligible applicant shall prepare and submit a written report to the Office describing the eligible applicant's progress in achieving the goals outlined in the application under subsection (d)(2). (B) Response.--Not later than 30 days after the date on which the Office receives the report described in paragraph (1), the Office will provide feedback, comments, and input to the eligible applicant in response to such report. (2) Report to congress.--Not later than 1 year after the date of enactment of this title, and annually thereafter, the Office shall prepare and submit a report to the Committee on Indian Affairs of the Senate and Committee on Natural Resources of the House of Representatives containing the results of the reports described under paragraph (1). (g) Relationship With Other Laws.--Nothing in this section reduces State or local obligations provided for by the Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.), the National Voter Registration Act of 1993 (52 U.S.C. 20501 et seq.), the Help America Vote Act of 2002 (52 U.S.C. 20901 et seq.), or any other Federal law or regulation related to voting or the electoral process. (h) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2022 through 2037. SEC. 305. VOTER REGISTRATION SITES AT INDIAN SERVICE PROVIDERS AND ON INDIAN LANDS. Section 7(a) of the National Voter Registration Act of 1993 (52 U.S.C. 20506(a)) is amended-- (1) in paragraph (2)-- (A) in subparagraph (A), by striking ``and'' after the semicolon; (B) in subparagraph (B), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: ``(C) any Federal facility or federally funded facility that is primarily engaged in providing services to an Indian Tribe; and ``(D) not less than one Federal facility or federally funded facility that is located within the Indian lands of an Indian Tribe, as applicable, (which may be the Federal facility or federally funded facility described in subparagraph (C)).''; and (2) by adding at the end the following: ``(8) Where practicable, each Federal agency that operates a Federal facility or a federally funded facility that is a designated voter registration agency in accordance with subparagraph (C) or (D) of paragraph (2) shall designate one or more special days per year at a centralized location within the boundaries of the Indian lands of each applicable Indian Tribe for the purpose of informing members of the Indian Tribe of the timing, registration requirements, and voting procedures in elections for Federal office, at no cost to the Indian Tribe.''. SEC. 306. ACCESSIBLE TRIBAL DESIGNATED POLLING SITES. (a) In General.-- (1) Designation of state officer.--Each of the several States whose territory contains all or part of an Indian Tribe's Indian lands shall designate an officer within that State who will be responsible for compliance with the provisions of this section and who shall periodically consult with the Indian Tribes located wholly or partially within that State regarding compliance with the provisions of this section and coordination between the State and the Indian Tribe. The State shall provide written notice to each such Indian Tribe of the officer so designated. (2) Provision of polling places.--For each Indian Tribe that satisfies the obligations of subsection (c), and for each election for a Federal official or State official that is held 180 days or later after the date on which the Indian Tribe initially satisfies such obligations, any State or political subdivision whose territory contains all or part of an Indian Tribe's Indian lands-- (A) shall provide a minimum of one polling place in each precinct in which there are eligible voters who reside on Indian lands, in a location selected by the Indian Tribe and at no cost to the Indian Tribe, regardless of the population or number of registered voters residing on Indian lands; (B) shall not reduce the number of polling locations on Indian lands based on population numbers; (C) shall provide, at no cost to the Indian Tribe, additional polling places in locations on Indian lands selected by an Indian Tribe and requested under subsection (c) if, based on the totality of circumstances described in subsection (b), it is shown that not providing those additional polling places would result in members of the Indian Tribe and living on Indian lands or other individuals residing on the Indian Tribe's Indian lands having less opportunity to vote than eligible voters in that State or political subdivision who are not members of an Indian Tribe or do not reside on Indian lands; (D) shall, at each polling place located on Indian lands and at no cost to the Indian Tribe, make voting machines, tabulation machines, official receptacles designated for the return of completed absentee ballots, ballots, provisional ballots, and other voting materials available to the same or greater extent that such equipment and materials are made available at other polling places in the State or political subdivision that are not located on Indian lands; (E) shall, at each polling place located on Indian lands, conduct the election using the same voting procedures that are used at other polling places in the State or political subdivision that are not located on Indian lands, or other voting procedures that provide greater access for voters; (F) shall, at each polling place located on Indian lands and at no cost to the Indian Tribe, make voter registration available during the period the polling place is open to the maximum extent allowable under State law; (G) shall, at each polling place located on Indian lands, provide training, compensation, and other benefits to election officials and poll workers at no cost to the Indian Tribe and, at a minimum, to the same or greater extent that such training, compensation, and benefits are provided to election officials and poll workers at other polling places in the State or political subdivision that are not located on Indian lands; (H) shall, in all cases, provide the Indian Tribe an opportunity to designate election officials and poll workers to staff polling places within the Indian lands of the applicable Indian Tribe on every day that the polling places will be open; (I) shall allow for any eligible voting member of the Indian Tribe or any eligible voting individual residing on Indian lands to vote early or in person at any polling place on Indian lands, regardless of that member or individual's residence or residential address, and shall not reject the ballot of any such member or individual on the grounds that the ballot was cast at the wrong polling place; and (J) may fulfill the State's obligations under subparagraphs (A) and (C) by relocating existing polling places, by creating new polling places, or both. (b) Equitable Opportunities To Vote.-- (1) In general.--When assessing the opportunities to vote provided to members of an Indian Tribe and to other eligible voters in the State residing on Indian lands in order to determine the number of additional polling places (if any) that a State or political subdivision must provide in accordance with subsection (a)(2)(C), the State, political subdivision, or any court applying this section, shall consider the totality of circumstances of-- (A) the number of voting-age citizens assigned to each polling place; (B) the distances that voters must travel to reach the polling places; (C) the time that voters must spend traveling to reach the polling places, including under inclement weather conditions; (D) the modes of transportation, if any, that are regularly and broadly available to voters to use to reach the polling places; (E) the existence of and access to frequent and reliable public transportation to the polling places; (F) the length of lines and time voters waited to cast a ballot in previous elections; and (G) any other factor relevant to effectuating the aim of achieving equal voting opportunity for individuals living on Indian lands. (2) Absence of factors.--When assessing the opportunities to vote in accordance with paragraph (1), the State, political subdivision, or court shall ensure that each factor described in paragraph (1) is considered regardless of whether any one factor would lead to a determination not to provide additional polling places under subsection (a)(2)(C). (c) Form; Provision of Form; Obligations of the Indian Tribe.-- (1) Form.--The Attorney General shall establish the form described in this subsection through which an Indian Tribe can fulfill its obligations under this subsection. (2) Provision of form.--Each State or political subdivision whose territory contains all or part of an Indian Tribe's Indian lands-- (A) shall provide the form established under paragraph (1) to each applicable Indian Tribe not less than 30 days prior to the deadline set by the State or political subdivision for completion of the obligations under this subsection (which deadline shall be not less than 30 days prior to a Federal election) whereby an Indian Tribe can fulfill its obligations under this subsection by providing the information described in paragraph (3) on that form and submitting the form back to the applicable State or political subdivision by such deadline; (B) shall not edit the form established under paragraph (1) or apply any additional obligations on the Indian Tribe with respect to this section; and (C) shall cooperate in good faith with the efforts of the Indian Tribe to satisfy the requirements of this subsection. (3) Obligations of the indian tribe.--The requirements for a State and political subdivision under subsection (a)(2) shall apply with respect to an Indian Tribe once an Indian Tribe meets the following obligations by completing the form specified in paragraph (1): (A) The Indian Tribe specifies the number and locations of requested polling places, early voting locations, and ballot drop boxes to be provided on the Indian lands of that Indian Tribe. (B) The Indian Tribe certifies that curbside voting will be available for any facilities that lack accessible entrances and exits in accordance with Federal and State law. (C) The Indian Tribe certifies that the Indian Tribe will ensure that each such requested polling place will be open and available to all eligible voters who reside in the precinct or other geographic area assigned to such polling place, regardless of whether such eligible voters are members of the Indian Tribe or of any other Indian Tribe. (D) The Indian Tribe requests that the State or political subdivision shall designate election officials and poll workers to staff such requested polling places, or certifies that the Indian Tribe will designate election officials and poll workers to staff such polling places on every day that the polling places will be open. (E) The Indian Tribe may request that the State or political subdivision provide absentee ballots without requiring an excuse, an absentee ballot request, or residential address to all eligible voters who reside in the precinct or other geographic area assigned to such polling place, regardless of whether such eligible voters are members of the Indian Tribe or of any other Indian Tribe. (4) Established polling places.--Once a polling place is established under subsection (a)(2)(A) or subsection (a)(2)(C) the Tribe need not fill out the form designated under paragraph (1) again unless or until that Indian Tribe requests modifications to the requests specified in the most recent form under paragraph (1). (5) Opt out.--At any time that is 60 days or more before the date of an election, an Indian Tribe that previously has satisfied the obligations of paragraph (3) may notify the State or political subdivision that the Indian Tribe intends to opt out of the standing obligation for one or more polling places that were established in accordance with subsection (a)(2)(A) or subsection (a)(2)(C) for a particular election or for all future elections. A Tribe may opt back in at any time. (d) Federal Polling Sites.--Each State shall designate as voter polling facilities any of the facilities identified in accordance with subparagraph (C) or (D) of section 7(a)(2) of the National Voter Registration Act of 1993 (52 U.S.C. 20506(a)(2)), at no cost to the Indian Tribe, provided that the facility meets the requirements of Federal and State law as applied to other polling places within the State or political subdivision. The applicable agency of the Federal Government shall ensure that such designated facilities are made available as polling places. (e) Mail-In Balloting.--In States or political subdivisions that permit absentee or mail-in balloting, the following shall apply with respect to an election for Federal office: (1) For each ballot cast by a member of an Indian Tribe living on Indian lands, all postage shall be prepaid by the Federal Government and each ballot postmarked the day the ballot is received at a postal facility located on Indian lands. (2) An Indian Tribe may designate at least one building per precinct as a ballot pickup and collection location (referred to in this section as a ``tribally designated buildings'') at no cost to the Indian Tribe. The applicable State or political subdivision shall collect and timely deposit all ballots from each tribally designated building. (3) At the applicable Tribe's request, the State or political subdivision shall provide mail-in and absentee ballots to each registered voter residing on Indian lands in the State or political subdivision without requiring a residential address, a mail-in or absentee ballot request, or an excuse for a mail-in or absentee ballot. (4) The address of a tribally designated building 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. (5) If there is no tribally designated building within the precinct of a voter residing on Indian lands (including if the tribally designated building is on Indian lands but not in the same precinct as the voter), the voter may-- (A) use another tribally designated building within the Indian lands where the voter is located; or (B) use such 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. (6) 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 this title. (7) A State or political division shall make reasonable efforts to contact a voter who resides within Indian lands located within its jurisdiction and offer such voter a reasonable opportunity to cure any defect in an absentee ballot issued to and completed and returned by the voter, or appearing on or pertaining to the materials provided for the purpose of returning the absentee ballot, if State law would otherwise require the absentee ballot to be rejected due to such defect and the defect does not compromise ballot secrecy or involve a lack of witness or assistant signature, where such signature is mandated by State law. (8) In a State or political subdivision that does not permit absentee or mail-in balloting for all eligible voters in the State or political subdivision, that State or political subdivision shall nonetheless provide for absentee or mail-in balloting for voters who reside on Indian lands consistent with this section if the State, political subdivision, or any court applying this section determines that the totality of circumstances described in subsection (b) warrants establishment of absentee or mail-in balloting for voters who reside on Indian lands located within the jurisdiction of the State or political subdivision. (f) Ballot Drop Boxes.--Each State shall-- (1) provide not less than one ballot drop box for each precinct on Indian lands, at no cost to the Indian Tribe, at either the tribally designated building under subsection (e)(2) or an alternative site selected by the applicable Indian Tribe; and (2) provide additional drop boxes at either the tribally designated building under subsection (e)(2) or an alternative site selected by the applicable Indian Tribe if the State or political subdivision determines that additional ballot drop boxes should be provided based on the criteria considered under the totality of circumstances enumerated under subsection (b). (g) Early Voting.-- (1) Early voting locations.--In a State or political subdivision that permits early voting in an election for Federal office, that State or political subdivision shall provide not less than one early voting location for each precinct on Indian lands, at no cost to the Indian Tribe, at a site selected by the applicable Indian Tribe, to allow individuals living on Indian lands to vote during an early voting period in the same manner as early voting is allowed on such date in the rest of the State or precinct. Additional early voting sites shall be determined based on the criteria considered under the totality of circumstances described in subsection (b). (2) Length of period.--In a State or political subdivision that permits early voting in an election for Federal office, that State or political subdivision shall provide an early voting period with respect to that election that 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 or political subdivision, on a day prior to the 15th day before the date of the election) and ends on the date of the election for all early voting locations on Indian lands. (3) Minimum early voting requirements.--Each polling place that allows voting during an early voting period under this subsection shall-- (A) allow such voting for no less than 10 hours on each day; (B) have uniform hours each day for which such voting occurs; and (C) 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). (4) Ballot processing and scanning requirements.-- (A) In general.--To the greatest extent practicable, ballots cast during the early voting period in an election for Federal office at voting locations and drop boxes on Indian lands shall be processed and scanned for tabulation in advance of the close of polls on the date of the election. (B) Limitation.--Nothing in this subsection shall be construed to permit a State or political subdivision to tabulate and count ballots in an election for Federal office before the closing of the polls on the date of the election. (h) Provisional Ballots.-- (1) In general.--In addition to the requirements under section 302(a) of the Help America Vote Act of 2002 (52 U.S.C. 21082(a)), for each State or political subdivision that provides voters provisional ballots, challenge ballots, or affidavit ballots under the State's applicable law governing the voting processes for those voters whose eligibility to vote is determined to be uncertain by election officials, election officials shall-- (A) provide clear written instructions indicating the reason the voter was given a provisional ballot, the information or documents the voter needs to prove eligibility, the location at which the voter must appear to submit these materials or alternative methods, including email or facsimile, that the voter may use to submit these materials, and the deadline for submitting these materials; (B) permit any voter who votes provisionally at any polling place on Indian lands to appear at any polling place or at the central location for the election board to submit the documentation or information to prove eligibility; (C) permit any voter who votes provisionally at any polling place to submit the required information or documentation via email or facsimile, if the voter prefers to use such methods as an alternative to appearing in person to submit the required information or documentation to prove eligibility; (D) notify the voter on whether the voter's provisional ballot was counted or rejected by telephone, email, or postal mail, or any other available method, including notifying the voter of any online tracking website if State law provides for such a mechanism; and (E) provide the reason for rejection if the voter's provisional ballot was rejected after the voter provided the required information or documentation on eligibility. (2) Duties of election officials.--A State or political subdivision described in paragraph (1) shall ensure in each case in which a provisional ballot is cast, that election officials-- (A) request and collect the voter's email address, if the voter has one, and transmit any written instructions issued to the voter in person to the voter via email; and (B) provide a verbal translation of any written instructions to the voter. (i) Enforcement.-- (1) 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 section. (2) Private right of action.-- (A) A person or Indian Tribe 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. (B) An aggrieved person or Indian Tribe may bring a civil action in an appropriate district court for declaratory or injunctive relief with respect to a violation of this section, if-- (i) that person or Indian Tribe provides the notice described in subparagraph (A); and (ii)(I) 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 subparagraph (A); or (II) in the case of a violation that occurs 120 days or less but more than 30 days 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 subparagraph (A). (C) 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 Indian Tribe 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 subparagraph (A). (3) Rule of construction.--Nothing in this section shall be construed to prevent a State or political subdivision from providing additional polling places or early voting locations on Indian lands. SEC. 307. PROCEDURES FOR REMOVAL OF POLLING PLACES AND VOTER REGISTRATION SITES ON INDIAN LANDS. (a) Actions Requiring Tribal Administrative Review.--No State or political subdivision may carry out any of the following activities in an election for Federal office unless the requirements of subsection (b) have been met: (1) Eliminating polling places or voter registration sites on the Indian lands of an Indian Tribe. (2) Moving or consolidating a polling place or voter registration site on the Indian lands of an Indian Tribe to a location 1 mile or further from the existing location of the polling place or voter registration site. (3) Moving or consolidating a polling place on the Indian lands of an Indian Tribe to a location across a river, lake, mountain, or other natural boundary such that it increases travel time for a voter, regardless of distance. (4) Eliminating in-person voting on the Indian lands of an Indian Tribe by designating an Indian reservation as a permanent absentee voting location, unless the Indian Tribe requests such a designation and has not later requested that the designation as a permanent absentee voting location be reversed. (5) Removing an early voting location or otherwise diminishing early voting opportunities on Indian lands. (6) Removing a ballot drop box or otherwise diminishing ballot drop boxes on Indian lands. (7) Decreasing the number of days or hours that an in- person or early voting polling place is open on Indian lands only or changing the dates of in-person or early voting only on the Indian lands of an Indian Tribe. (b) Tribal Administrative Review.-- (1) In general.--The requirements of this subsection have been met if-- (A) the impacted Indian Tribe submits to the Attorney General the Indian Tribe's written consent to the proposed activity described in subsection (a); (B) the State or political subdivision, after consultation with the impacted Indian Tribe and after attempting to have the impacted Indian Tribe give consent as described in subparagraph (A), institutes an action in the United States District Court for the District of Columbia for a declaratory judgment, and a declaratory judgment is issued based upon affirmative evidence provided by the State or political subdivision, that conclusively establishes that the specified activity described in subsection (a) proposed by the State or political subdivision neither has the purpose nor will have the effect of denying or abridging the right to vote on account of race or color, membership in an Indian Tribe, or membership in a language minority group; or (C) the chief legal officer or other appropriate official of such State or political subdivision, after consultation with the impacted Indian Tribe and after attempting to have the impacted Indian Tribe give consent as described in subparagraph (A), submits a request to carry out the specified activity described in subsection (a) to the Attorney General and the Attorney General affirmatively approves the specified activity. (2) No limitation on future actions.-- (A) No bar to subsequent action.--Neither an affirmative indication by the Attorney General that no objection will be made, nor the Attorney General's failure to object, nor a declaratory judgment entered under this section, nor a written consent issued under paragraph (1)(A) shall bar a subsequent action to enjoin enforcement of an activity described in subsection (a). (B) Reexamination.--The Attorney General reserves the right to reexamine any submission under paragraph (1)(C) if additional relevant information comes to the Attorney General's attention. (C) District court.--Any action under this section shall be heard and determined by a district court of 3 judges in accordance with the provisions of section 2284 of title 28, United States Code, and any appeal shall lie to the Supreme Court. SEC. 308. TRIBAL VOTER IDENTIFICATION. (a) Tribal Identification.--If a State or political subdivision requires an individual to present identification for the purposes of voting or registering to vote in an election for Federal office, an identification card issued by a federally recognized Indian Tribe, the Bureau of Indian Affairs, the Indian Health Service, or any other Tribal or Federal agency issuing identification cards to eligible Indian voters shall be treated as a valid form of identification for such purposes. (b) Online Registration.--If a State or political subdivision requires an identification card for an individual to register to vote online or to vote online, that State or political subdivision shall annually consult with an Indian Tribe to determine whether a tribal identification can feasibly be used to register to vote online or vote online. (c) Limitation on Requiring Multiple Forms of Identification.--If a State or political subdivision requires an individual to present more than one form of identification for the purposes of voting or registering to vote in an election for Federal office, or for registering to vote online or to vote online, that State or political subdivision shall not require any member of an Indian Tribe to provide more than one form of identification if the member provides orally or in writing that the member does not possess more than one form of identification. SEC. 309. PERMITTING VOTERS TO DESIGNATE OTHER PERSON TO RETURN BALLOT. Each State or political subdivision-- (1) shall permit any person to return a sealed ballot of a voter that resides on Indian lands to a post office on Indian lands, a ballot drop box location in a State or political subdivision that provides ballot drop boxes, a tribally designated building under section 306(e)(2), or an election office, so long as the person designated to return the ballot or ballots on behalf of another voter does not receive any form of compensation based on the number of ballots that the person has returned and no individual, group, or organization provides compensation on this basis; (2) may not put any limit on how many voted and sealed absentee ballots any designated person can return to the post office, ballot drop box location, tribally designated building, or election office under paragraph (1); and (3) shall permit any person to return voter registration applications, absentee ballot applications, or absentee ballots to ballot drop box locations in a State or political subdivision that provides ballot drop boxes for these purposes. SEC. 310. 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 ``most recent''; 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), 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 only be required 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 only be required to furnish in the covered language oral instructions, assistance, or other information relating to registration and voting, including all voting materials, if the Indian Tribe of that minority group has certified that the language of the applicable American Indian or Alaska Native language is presently unwritten or the Indian Tribe 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.''. SEC. 311. FEDERAL OBSERVERS TO PROTECT TRIBAL VOTING RIGHTS. (a) Amendment to the Voting Rights Act of 1965.--Section 8(a) of the Voting Rights Act of 1965 (52 U.S.C. 10305(a)) is amended-- (1) in paragraph (1), by striking ``or'' after the semicolon; (2) in paragraph (2)(B), by adding ``or'' after the semicolon; and (3) by inserting after paragraph (2) the following: ``(3) the Attorney General has received a written complaint from an Indian Tribe that efforts to deny or abridge the right to vote under the color of law on account of race or color, membership in an Indian Tribe, or in contravention of the guarantees set forth in section 4(f)(2), are likely to occur;''. (b) Publicly Available Reports.--The Attorney General shall make publicly available the reports of a Federal election observer appointed pursuant to section (8)(a)(3) of the Voting Rights Act of 1965 (52 U.S.C. 10305(a)(3)), as added by subsection (a), not later than 6 months after the date that such reports are submitted to the Attorney General, except that any personally identifiable information relating to a voter or the substance of the voter's ballot shall not be made public. SEC. 312. TRIBAL JURISDICTION. (a) In General.--Tribal law enforcement have the right to exercise their inherent authority to detain and or remove any non-Indian, not affiliated with the State, its political subdivision, or the Federal Government, from Indian lands for intimidating, harassing, or otherwise impeding the ability of people to vote or of the State and its political subdivisions to conduct an election. (b) Civil Action by Attorney General for Relief.--Whenever any person has engaged or there are reasonable grounds to believe that any person is about to engage in any act or practice prohibited by this section, the Attorney General may institute for the United States, or in the name of the United States, an action for preventive relief, including an application for a temporary or permanent injunction, restraining order, or other order, and including an order directed to the State and State or local election officials to require them to permit persons to vote and to count such votes. SEC. 313. TRIBAL VOTING CONSULTATION. The Attorney General shall consult annually with Indian Tribes regarding issues related to voting in elections for Federal office. SEC. 314. ATTORNEYS' FEES, EXPERT FEES, AND LITIGATION EXPENSES. In a civil action under this title, the court shall award the prevailing party, other than the United States, reasonable attorney fees, including litigation expenses, reasonable expert fees, and costs. SEC. 315. GAO STUDY AND REPORT. The Comptroller General shall study the prevalence of nontraditional or nonexistent mailing addresses among Indians, those who are members of Indian Tribes, and those residing on Indian lands and identify alternatives to remove barriers to voter registration, receipt of voter information and materials, and receipt of ballots. The Comptroller General shall report the results of that study to Congress not later than 1 year after the date of enactment of this title. SEC. 316. UNITED STATES POSTAL SERVICE CONSULTATION. The Postmaster General shall consult with Indian Tribes, on an annual basis, regarding issues relating to the United States Postal Service that present barriers to voting for eligible voters living on Indian lands. SEC. 317. SEVERABILITY; RELATIONSHIP TO OTHER LAWS; TRIBAL SOVEREIGN IMMUNITY. (a) Severability.--If any provision of this title, or the application of such a provision to any person, entity, or circumstance, is held to be invalid, the remaining provisions of this title and the application of all provisions of this title to any other person, entity, or circumstance shall not be affected by the invalidity. (b) Relationship to Other Laws.--Nothing in this title shall invalidate, or limit the rights, remedies, or procedures available under, or supersede, restrict, or limit the application of, the Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.), the National Voter Registration Act of 1993 (52 U.S.C. 20501 et seq.), the Help America Vote Act of 2002 (52 U.S.C. 20901 et seq.), or any other Federal law or regulation related to voting or the electoral process. Notwithstanding any other provision of law, the provisions of this title, and the amendments made by this title, shall be applicable within the State of Maine. (c) Tribal Sovereign Immunity.--Nothing in this title shall be construed as-- (1) affecting, modifying, diminishing, or otherwise impairing the sovereign immunity from suit enjoyed by an Indian Tribe; or (2) authorizing or requiring the termination of any existing trust responsibility of the United States with respect to Indian people. SEC. 318. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this title. Calendar No. 143 117th CONGRESS 1st Session S. 4 _______________________________________________________________________

John R. Lewis Voting Rights Advancement Act of 2021

A bill to amend the Voting Rights Act of 1965 to revise the criteria for determining which States and political subdivisions are subject to section 4 of the Act, and for other purposes.

John R. Lewis Voting Rights Advancement Act of 2021 Election Worker and Polling Place Protection Act Frank Harrison, Elizabeth Peratrovich, and Miguel Trujillo Native American Voting Rights Act of 2021

Sen. Leahy, Patrick J.

D

VT

S.3656

Health

Reducing Hereditary Cancer Act of 2022 This bill provides for Medicare coverage of germline mutation testing for individuals with a personal or family history of a hereditary cancer gene mutation or suspected history of hereditary cancer, as well as for associated coverage of risk-reducing surgeries and screenings.

To amend title XVIII of the Social Security Act to provide hereditary cancer genetic testing for individuals with a history of a hereditary cancer gene mutation in a blood relative or a personal or ancestral history suspicious for hereditary cancer, and to provide coverage of certain cancer screenings or preventive surgeries that would reduce the risk for individuals with a germline (inherited) mutation associated with a high risk of developing a preventable cancer. Be it enacted by the Senate 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 Hereditary Cancer Act of 2022''. SEC. 2. HEREDITARY CANCER GENETIC TESTING OF INDIVIDUALS WITH A FAMILY HISTORY OF A HEREDITARY CANCER GENE MUTATION OR PERSONAL OR FAMILY HISTORY SUSPICIOUS FOR HEREDITARY CANCER. (a) Coverage.--Section 1861 of the Social Security Act (42 U.S.C. 1395x) is amended-- (1) in subsection (s)(2)-- (A) by striking ``and'' at the end of subparagraph (GG); (B) by striking the period and inserting ``; and'' at the end of subparagraph (HH); and (C) by inserting after subparagraph (HH) the following new subparagraph: ``(II) in the case of an individual with a personal or family history of a hereditary cancer gene mutation or a personal or family history suspicious for hereditary cancer, germline mutation testing.''; and (2) by adding at the end the following new subsection: ``(lll) Germline Mutation Testing.--The term `germline mutation testing' means genetic testing for germline mutations that is in accordance with evidence-based, clinical practice guidelines specifically addressing genetic testing, screening, and management of individuals with inherited mutations associated with increased cancer risk that-- ``(1) have been developed by a nationally recognized oncology professional organization, including the National Comprehensive Cancer Network, the American Society of Clinical Oncology, the Society of Gynecologic Oncology, or any other oncology professional organization specified by a medicare administrative contractor with a contract under section 1874A; and ``(2) in the case of conflicting guidelines developed by more than one nationally recognized oncology professional organization, the least restrictive of such guidelines, as determined by such a medicare administrative contractor.''. (b) Frequency.--Section 1862(a)(1) of the Social Security Act (42 U.S.C. 1395y(a)(1)) is amended-- (1) by striking ``and'' at the end of subparagraph (O); (2) by adding ``and'' at the end of subparagraph (P); and (3) by adding at the end the following new subparagraph: ``(Q) in the case of germline mutation testing as defined in section 1861(lll), which is performed more than once with respect to an individual described in such section;''. (c) Effective Date.--The amendments made by this section shall apply to testing furnished on or after the date of the enactment of this Act. SEC. 3. COVERAGE OF CERTAIN PREVENTIVE SURGERIES. (a) In General.--Section 1862 of the Social Security Act (42 U.S.C. 1395y) is amended by adding at the end the following new subsection: ``(p) Coverage of Certain Risk-Reducing Surgeries.--In the case of an individual described in section 1861(s)(2)(II) for whom, based on evidence-based, clinical practice guidelines described in section 1861(lll), surgery would reduce the risk of developing cancer, such risk-reducing surgery shall be considered reasonable and necessary for treatment of illness under subsection (a)(1)(A).''. (b) Effective Date.--The amendment made by subsection (a) shall apply to items and services furnished on or after the date of the enactment of this Act. SEC. 4. COVERAGE OF EVIDENCE-BASED SCREENINGS FOR INDIVIDUALS WITH A HEREDITARY CANCER GENE MUTATION. (a) In General.--Section 1862 of the Social Security Act (42 U.S.C. 1395y), as amended by section 3, is amended by adding at the end the following new subsection: ``(q) Coverage of Evidence-Based Screenings for Individuals With a Hereditary Cancer Gene Mutation.--In the case of an individual who is determined pursuant to genetic testing to have a hereditary cancer (germline) gene mutation, the Secretary shall increase any frequency limitations (or other limitations on coverage otherwise applicable under this title) for any evidence-based screenings furnished to such individual, to be in compliance with evidence-based, clinical practice guidelines described in section 1861(lll), or as determined appropriate by the Secretary, but not less frequently than on an annual basis. For the purposes of this subsection, evidence-based screenings shall include screening mammography, breast screening MRI, colonoscopy, PSA testing, and any additional evidence-based screening modalities appropriate for high-risk individuals as recommended by such guidelines.''. (b) Conforming Amendment for Screening Mammography.--Section 1834(c)(2)(A) of the Social Security Act (42 U.S.C. 1395m(c)(2)(A)) is amended, in the matter preceding clause (i), by striking ``subparagraph (B)'' and inserting ``subparagraph (B) and section 1862(q)''. (c) Effective Date.--The amendments made by this section shall apply to items and services furnished on or after the date of the enactment of this Act. <all>

Reducing Hereditary Cancer Act of 2022

A bill to amend title XVIII of the Social Security Act to provide hereditary cancer genetic testing for individuals with a history of a hereditary cancer gene mutation in a blood relative or a personal or ancestral history suspicious for hereditary cancer, and to provide coverage of certain cancer screenings or preventive surgeries that would reduce the risk for individuals with a germline (inherited) mutation associated with a high risk of developing a preventable cancer.

Reducing Hereditary Cancer Act of 2022

Sen. Murkowski, Lisa

R

AK

S.192

Public Lands and Natural Resources

River Democracy Act of 2021 This bill designates specified river segments, primarily in Oregon, as components of the National Wild and Scenic Rivers System.

To amend the Wild and Scenic Rivers Act to designate certain river segments in the State of Oregon as components of the National Wild and Scenic Rivers System, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``River Democracy Act of 2021''. SEC. 2. FINDINGS. Congress finds that-- (1) on October 2, 2019, Senator Ron Wyden announced a statewide public process to collect nominations from residents of the State of Oregon for Oregon rivers to be designated as components of the National Wild and Scenic Rivers System; (2) over a period of less than 90 days, more than 2,200 residents of the State of Oregon submitted more than 15,000 nominations of free-flowing stream segments for designation as components of the National Wild and Scenic Rivers System, demonstrating a deep love and support for components of the National Wild and Scenic Rivers System; (3) components of the National Wild and Scenic Rivers System enhance and protect community drinking water, recreation opportunities, and wildlife habitat; (4) the free-flowing streams of the State of Oregon are an unparalleled resource for the residents of the State of Oregon and all people of the United States; (5) the residents of the State of Oregon-- (A) are proud of and cherish the natural heritage of wild and scenic rivers in the State; and (B) wish to expand the legacy of wild and scenic rivers for the benefit of future generations of residents of the State of Oregon and people of the United States; (6) there are 110,994 miles of rivers and streams in the State of Oregon, but only 2,173 miles of streams were previously included as components of the National Wild and Scenic Rivers System; (7) existing and proposed components of the National Wild and Scenic Rivers System in the State of Oregon range from remote wilderness land to developed recreation areas readily accessible by roads and trails; (8) components of the National Wild and Scenic Rivers System in the State of Oregon and the outdoor recreation economy benefit local communities and businesses in rural Oregon and across the State of Oregon, generating $15,600,000,000 in consumer spending and more than 224,000 jobs in 2019, including jobs relating to hunting, fishing, rafting, and guiding; (9) components of the National Wild and Scenic Rivers System provide essential habitat for-- (A) elk, deer, and other game animals; and (B) species affected by climate change, including-- (i) salmon, steelhead, lamprey, and the Lost River and shortnose sucker; (ii) cutthroat, rainbow, redband, and bull trout (including the Lahontan cutthroat trout); and (iii) numerous other wildlife species; (10) components of the National Wild and Scenic Rivers System are important to Indian Tribes because the components-- (A) conserve resources for Tribal use; and (B) preserve the cultural history of Indian Tribes dating back more than 10,000 years; and (11) the components of the National Wild and Scenic Rivers System within the State of Oregon have the outstandingly remarkable value of landscape connectivity, with the components serving as habitat corridors that facilitate the vital movements of animals, plants, genes, water, and energy between and within ecosystems. SEC. 3. DEFINITIONS. In this Act: (1) Covered segment.--The term ``covered segment'' means a river segment designated by this Act or an amendment made by this Act. (2) Secretary concerned.--The term ``Secretary concerned'' means-- (A) the Secretary of the Interior, with respect to a covered segment under the jurisdiction of the Secretary of the Interior; and (B) the Secretary of Agriculture, with respect to a covered segment under the jurisdiction of the Secretary of Agriculture. SEC. 4. ADMINISTRATION OF COMPONENTS OF THE NATIONAL WILD AND SCENIC RIVERS SYSTEM. (a) National Landscape Conservation System.--Section 10 of the Wild and Scenic Rivers Act (16 U.S.C. 1281) is amended by striking subsection (c) and inserting the following: ``(c) Areas Administered by the National Park Service, the United States Fish and Wildlife Service, and the Bureau of Land Management.-- ``(1) National park system.--Any component of the National Wild and Scenic Rivers System that is administered by the Secretary of the Interior (acting through the Director of the National Park Service) shall be a part of the National Park System. ``(2) National wildlife refuge system.--Any component of the National Wild and Scenic Rivers System that is administered by the Secretary of the Interior (acting through the Director of the United States Fish and Wildlife Service) shall be a part of the National Wildlife Refuge System. ``(3) National landscape conservation system.--Any component of the National Wild and Scenic Rivers System that is administered by the Secretary of the Interior (acting through the Director of the Bureau of Land Management) shall be a part of the National Landscape Conservation System. ``(4) Applicable law.-- ``(A) In general.--Any component of the National Wild and Scenic Rivers System that is administered by the Secretary of the Interior shall be subject to-- ``(i) this Act; and ``(ii) the laws under which the National Park System, National Wildlife Refuge System, or the National Landscape Conservation System, as applicable, is administered. ``(B) Resolution of conflict.--If there is a conflict between the laws referred to in subparagraph (A)(ii) and this Act, the more restrictive provision shall control. ``(5) Administration.--The Secretary of the Interior, in the administration of any component of the National Wild and Scenic Rivers System, may use-- ``(A) any general statutory authorities relating to units of the National Park System, National Wildlife Refuge System, or National Landscape Conservation System, as applicable; and ``(B) any general statutory authorities otherwise available to the Secretary of the Interior for recreation and preservation purposes and the conservation and management of natural resources, as the Secretary of the Interior determines to be appropriate to carry out the purposes of this Act.''. (b) Cooperative Agreements With Indian Tribes.--Section 10 of the Wild and Scenic Rivers Act (16 U.S.C. 1281) is amended by striking subsection (e) and inserting the following: ``(e) Cooperative Agreements.--The head of the Federal agency responsible for the administration of a component of the National Wild and Scenic Rivers System-- ``(1) may enter into a written cooperative agreement with a Tribal Government, the Governor of a State, the head of any State agency, or the appropriate official of a political subdivision of a State to provide for Tribal, State, or local governmental participation in the administration of the component; and ``(2) shall encourage Indian Tribes, States, and political subdivisions of States to cooperate in the planning and administration of components of the National Wild and Scenic Rivers System that include or adjoin land owned by the Indian Tribe, State, or a political subdivision of the State or land held in trust for the Indian Tribe, as applicable.''. SEC. 5. ADMINISTRATION OF COVERED SEGMENTS. (a) Comprehensive Management Plan for Covered Segments.-- (1) In general.--The Secretary concerned shall prepare, in accordance with section 3(d) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(d)) and this subsection, a comprehensive management plan for each covered segment. (2) Timing.-- (A) In general.--Notwithstanding section 3(d) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(d)), except as provided in subparagraph (B), the comprehensive management plan described in paragraph (1) shall be completed, to the maximum extent practicable, as part of the regular land use management planning process of the agency with jurisdiction over the covered segment. (B) Exception.--If the Secretary concerned determines that the regular land use management planning cycle of the agency with jurisdiction over a covered segment does not coincide with the designation of the covered segment under this Act or an amendment made by this Act, the comprehensive management plan for the covered segment shall be completed by the date that is 6 years after the date on which the covered segment is designated. (3) Interim detailed boundaries.--Until the date on which a comprehensive management plan that includes detailed boundaries for the applicable covered segment required under section 3(b) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(b)) is completed, the interim detailed boundaries for the covered segment shall be \1/2\ mile from the ordinary high water mark on each bank or shore, unless an Act of Congress requires the inclusion of non-Federal land within the boundary of the covered segment. (4) Outstandingly remarkable values.-- (A) In general.--The outstandingly remarkable values of a covered segment include-- (i) the values described in section 2(11); and (ii) any additional outstandingly remarkable values that are determined by the Secretary concerned as part of the comprehensive management plan for the covered segment required under paragraph (1). (B) North fork sprague wild and scenic river.--In addition to the outstandingly remarkable values referred to in subparagraph (A), the North Fork Sprague Wild and Scenic River in the State of Oregon has the additional outstandingly remarkable value of native fish. (5) Interim management.--Except as otherwise provided in this Act, until the date on which a comprehensive management plan is prepared under paragraph (1) for a covered segment, the Secretary concerned shall fully comply with the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.) in managing the covered segment. (6) Reducing catastrophic wildfire risks.--As part of the development of a comprehensive management plan under paragraph (1) or the updating of such a plan, the Secretary concerned, in a manner consistent with the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.), shall-- (A) assess with respect to the applicable covered segment-- (i) the probable risk of high intensity wildfires degrading river values; (ii) the risk of high intensity wildfires to public safety; and (iii) the role of fire in meeting long-term resource management objectives, including the protection and enhancement of outstandingly remarkable values and water quality; (B) determine the appropriate use of prescribed fire to meet long-term resource management objectives; and (C) develop a fire management plan to increase the resiliency of the applicable covered segment and adjacent communities. (7) Culturally significant native species management.--As part of the development of a comprehensive management plan under paragraph (1) or the updating of such a plan, the Secretary concerned, in a matter consistent with section 3 of the Wild and Scenic Rivers Act (16 U.S.C. 1274), shall-- (A) assess culturally significant native species, including traditional foods such as huckleberry, chokecherry, camas, and wapato; (B) develop a culturally significant native species management plan for applicable areas to increase the resiliency of the species; and (C) consult with the applicable Indian Tribe to develop the management plan and to meet long-term species management objectives. (8) Bull trout conservation.--A comprehensive management plan for a covered segment developed under paragraph (1) shall-- (A) authorize Federal, State, and Tribal agencies to conduct native fish restoration and barrier installation and maintenance activities in the applicable covered segment, in accordance with the environmental impact statement assessment of the planning document entitled ``Upper Malheur Watershed Bull Trout Conservation Strategy''; and (B) address bull trout restoration as part of protecting river values of the applicable covered segment, including the management of invasive nonnative fish species. (9) Ecological function.--As part of the development of a comprehensive management plan under paragraph (1) or the updating of such a plan, the Secretary concerned, in a matter consistent with the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.), shall develop and implement projects, through a collaborative process, to improve the ecological function of the ecosystem if environmental analysis indicates that the projects are appropriate. (10) Submission.--On completion of a comprehensive management plan under paragraph (1) or any update to such a plan, the Secretary concerned shall concurrently submit the plan to-- (A) Congress; and (B) each applicable board of county commissioners and Tribal government. (b) Implementation of Fire Management Plan.--On completion of a fire management plan developed for the applicable covered segment under subsection (a)(6)(C), the Secretary concerned shall implement the fire management plan as part of the applicable comprehensive management plan to reduce assessed risks, consistent with-- (1) the purposes of the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.); and (2) the protection and enhancement of the outstandingly remarkable values of the covered segment under section 10(a) of that Act (16 U.S.C. 1281(a)). (c) Cooperative Agreements With States and Indian Tribes.--In administering wild and scenic river segments in the State of Oregon, the Secretary concerned may enter into cooperative agreements with the State of Oregon, any political subdivision of the State of Oregon, or a Tribal government for the rendering, on a reimbursable or nonreimbursable basis, of-- (1) rescue, firefighting, and law enforcement services; and (2) cooperative assistance by nearby law enforcement and fire management agencies. (d) Appropriation for the Restoration of Certain Wild and Scenic River Segments.-- (1) In general.--There is authorized to be appropriated, and there is appropriated, out of any amounts in the Treasury not otherwise appropriated, $30,000,000 for fiscal year 2022 and each fiscal year thereafter for the purpose of restoring components of the National Wild and Scenic Rivers System that-- (A) provide drinking water for downstream communities; or (B) have been degraded by catastrophic wildfire. (2) Requirement.--Of the amount appropriated by paragraph (1), not more than $5,000,000 shall be used by each Secretary concerned for watershed restoration for components of the National Wild and Scenic Rivers System that provide drinking water for downstream communities. (e) Existing Rights.--Nothing in this Act or an amendment made by this Act-- (1) affects any valid existing rights with respect to a covered segment, including the right to maintain and repair facilities used to exercise valid existing rights; or (2) abrogates any existing right, privilege, or contract affecting Federal land held by any private party without the consent of that party, including any right, privilege, or contract concerning-- (A) utility corridors; (B) communications facilities; (C) recreational cabins and resorts; (D) group facilities; (E) roads; or (F) water transmission facilities. (f) Private Property Rights.-- (1) In general.--Nothing in this Act or an amendment made by this Act affects private property rights with respect to a covered segment. (2) Acquisition of private land.--The Secretary concerned may not acquire any private land or interest in private land within the detailed boundaries of a covered segment without the consent of the owner of the private land. (g) Water Rights.--Nothing in this Act or an amendment made by this Act-- (1) affects any valid or vested water right existing as of the date of enactment of this Act; or (2) preempts the ability of the State of Oregon to administer water rights pursuant to State law (including regulations). (h) Tribal Land and Treaty Rights.-- (1) In general.--Any land owned by an Indian Tribe or held in trust by the United States for the benefit of an Indian Tribe or member of an Indian Tribe shall not be included within the boundaries of a covered segment without the express consent of the applicable Tribal government. (2) Consultation.--With respect to a covered segment that includes land described in paragraph (1), the Secretary concerned shall, as appropriate, consult, and enter into written cooperative management agreements, with the applicable Indian Tribe for the planning, administration, and management of the covered segment, in accordance with section 10(e) of the Wild and Scenic Rivers Act (16 U.S.C. 1281(e)). (3) Effect of act.--Nothing in this Act or an amendment made by this Act affects, within a covered segment-- (A) the jurisdiction or responsibilities of an Indian Tribe with respect to the management of fish, wildlife, land, or water; (B) the treaty or other rights of an Indian Tribe; (C) the claims of an Indian Tribe to water or land; (D) the rights or jurisdiction of Indian Tribes over water or any groundwater resource; or (E) the beneficial ownership interest of-- (i) land held in trust by the United States for an Indian Tribe; (ii) land held by an Indian Tribe; or (iii) a member of an Indian Tribe. (i) Effect on Wildfire Management.--Nothing in this Act or an amendment made by this Act alters the authority of the Secretary concerned (in cooperation with other Federal, State, and local agencies, as appropriate) to conduct wildland fire operations within a covered segment, including the construction of temporary roads if required for public safety, consistent with-- (1) the purposes of the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.); and (2) the protection and enhancement of the outstandingly remarkable values of the covered segment under section 10(a) of that Act (16 U.S.C. 1281(a)). (j) Land Acquisition From Willing Sellers.--If requested by the landowner, the Secretary concerned shall seek to acquire by purchase or exchange non-Federal land or interests in land within and adjacent to the detailed boundaries of a covered segment. (k) Stream Gauge Administration.--Nothing in this Act or an amendment made by this Act affects the installation, operation, maintenance, repair, or replacement of federally administered or State- administered stream gauges or other similar science-based water quality or quantity measurement apparatus. (l) Restoration.--Consistent with the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.) and any regulations issued under that Act, the Secretary may authorize any activity or project, the primary purpose of which is-- (1) river restoration; (2) the recovery of a species listed as endangered or threatened under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); or (3) improving ecological function. SEC. 6. BOUNDARIES AND MINERAL WITHDRAWAL FOR COMPONENTS OF THE NATIONAL WILD AND SCENIC RIVERS SYSTEM IN THE STATE OF OREGON. (a) Boundaries for Wild and Scenic Rivers in the State of Oregon.-- Section 3 of the Wild and Scenic Rivers Act (16 U.S.C. 1274) is amended-- (1) in subsection (b), in the first sentence-- (A) by striking ``different date if'' and inserting ``different date is''; and (B) by striking ``(which boundaries'' and inserting ``(except as provided in subsection (e), the boundaries of which''; and (2) by adding at the end the following: ``(e) Boundaries for Wild and Scenic Rivers in the State of Oregon.--Notwithstanding subsection (b), in the case of a segment that is designated as a component of the National Wild and Scenic Rivers System in the State of Oregon on or after the date of enactment of the River Democracy Act of 2021, the boundaries shall include an average of 640 acres of land per mile measured from the ordinary high water mark on both sides of the river.''. (b) Mineral Withdrawal for Wild and Scenic Rivers in the State of Oregon.--Section 9 of the Wild and Scenic Rivers Act (16 U.S.C. 1280) is amended by adding at the end the following: ``(c) Comprehensive Mineral Withdrawal Within the State of Oregon.-- ``(1) Definition of covered land.--In this subsection, the term `covered land' means any Federal land that consists of-- ``(A) the bed or bank of a component of the National Wild and Scenic Rivers System in the State of Oregon; or ``(B)(i) in the case of a component of the National Wild and Rivers System in the State of Oregon that is subject to the 320-mile acreage limitation under section 3(b), within \1/4\ mile of the bank of the component; or ``(ii) in the case of a component of the National Wild and Rivers System in the State of Oregon that is subject to a 640-mile acreage limitation under subsection (a) or (e) of section 3, within \1/2\ mile of the bank of the component. ``(2) Mineral withdrawal.--Notwithstanding subsection (a)(iii) and subject to valid existing rights, all covered land is withdrawn from all forms of-- ``(A) location, entry, and patent under the mining laws; and ``(B) disposition under all laws relating to mineral and geothermal leasing or mineral materials.''. SEC. 7. ADDITIONS TO EXISTING COMPONENTS OF THE NATIONAL WILD AND SCENIC RIVERS SYSTEM. (a) Rogue River.--Section 3(a)(5)(B) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)(5)(B)) is amended by adding at the end the following: ``(xxxv) Quosatana creek.--The approximately 8.6-mile segment of Quosatana Creek from and including the headwaters to the confluence with the Rogue River, as a scenic river. ``(xxxvi) Jim hunt creek.-- ``(I) Mainstem.--The approximately 0.8-mile segment of Jim Hunt Creek from the eastern boundary of SW\1/4\ sec. 19, T. 36 S., R. 13 W., Willamette Meridian, to the western edge of the NE\1/4\SE\1/4\ sec. 24, T. 36 S., R. 14 W., Willamette Meridian, to be administered by the Secretary of Agriculture and the Secretary of the Interior as a scenic river. ``(II) Unnamed tributary.--The approximately 1.4-mile segment of an unnamed tributary to Jim Hunt Creek from and including the headwaters at Signal Buttes to the Rogue River- Siskiyou National Forest boundary, as a wild river. ``(xxxvii) Shasta costa creek.-- ``(I) Upper shasta costa creek.-- The approximately 13.9-mile segment of Shasta Costa Creek from and including the headwaters to the mainstem Rogue Wild and Scenic River detailed boundary, as a wild river. ``(II) Lower shasta costa creek.-- The approximately 0.2-mile segment of Shasta Costa Creek from the mainstem Rogue Wild and Scenic River protective corridor boundary to the confluence with the Rogue River, as a recreational river. ``(III) Squirrel camp creek.--The approximately 2.9-mile segment of Squirrel Camp Creek from and including the headwaters to the confluence with Shasta Costa Creek, as a recreational river. ``(xxxviii) Stair creek.--The approximately 5-mile section of Stair Creek from and including the headwaters to the western edge of T. 33 S., R. 10 W., sec. 28, Willamette Meridian, as a wild river. ``(xxxix) Tom fry creek.--The approximately 1.3-mile segment of Tom Fry Creek from and including the headwaters to the north boundary of SE\1/4\SE\1/4\ sec. 13, T. 35 S., R. 12 W., Willamette Meridian, as a scenic river.''. (b) Snake, Idaho and Oregon.--Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by striking paragraph (12) and inserting the following: ``(12) Snake, idaho and oregon.-- ``(A) Wild river; scenic river.-- ``(i) Wild river.--The segment from Hells Canyon Dam downstream to Pittsburgh Landing, as a wild river. ``(ii) Scenic river.--The segment from Pittsburgh Landing downstream to an eastward extension of the border between the States of Oregon and Washington, as a scenic river. ``(B) Additions.--In addition to the segments described in subparagraph (A), there are designated the following segments, to be administered by the Secretary of Agriculture: ``(i) Cache creek, oregon.--The approximately 4.1-mile segment of Cache Creek from and including the headwaters to the confluence with the Snake River, as a wild river. ``(ii) Jim creek.-- ``(I) Mainstem.--The approximately 1.7-mile segment of Jim Creek from the confluence of the North and South Forks of Jim Creek to the confluence with the Snake River, as a wild river. ``(II) Forks.-- ``(aa) North fork.--The approximately 2.5-mile segment of North Fork Jim Creek from and including the headwaters to the confluence with South Fork Jim Creek, as a wild river. ``(bb) South fork.--The approximately 2.6-mile segment of South Fork Jim Creek from and including the headwaters to the confluence with North Fork Jim Creek, as a wild river. ``(iii) Cook creek.--The approximately 11.8-mile segment of Cook Creek from and including the headwaters to the confluence with the Snake River, as a wild river. ``(iv) Five points creek.--The approximately 2.9-mile segment of Five Points Creek from and including the headwaters to the confluence with Cook Creek, as a wild river. ``(v) Cherry creek.-- ``(I) Upper.--The approximately 7.3-mile segment of Cherry Creek from and including the headwaters (including Buckhorn Spring) to the confluence with Makin Creek, as a recreational river. ``(II) Lower.--The approximately 4.2-mile segment of Cherry Creek from the confluence with Makin Creek to the confluence with the Snake River, as a wild river. ``(vi) Knight creek.--The approximately 2.4-mile segment of Knight Creek from and including the headwaters to the confluence with the Snake River, as a wild river.''. (c) Illinois, Oregon.--Section 3(a)(54) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)(54)) is amended-- (1) in the first sentence, by striking ``The segment from'' and inserting the following: ``(A) In general.--The segment from''; and (2) by adding at the end the following: ``(B) Additions.--In addition to the segment described in subparagraph (A), there are designated the following stream segments that are tributaries to the segment described in that subparagraph, to be administered by the Secretary of Agriculture, except as otherwise provided, in the following classes: ``(i) East fork illinois river upper mainstem and tributaries.-- ``(I) Uppermost east fork illinois river.-- ``(aa) Upper.--The approximately 8.4-mile segment of the East Fork Illinois River from and including the headwaters to the confluence with Bybee Gulch, as a wild river. ``(bb) Lower.--The approximately 1.4-mile segment of the East Fork Illinois River from the confluence with Bybee Gulch to the north boundary of T. 41 S., R. 8 W., sec. 15, Willamette Meridian, as a recreational river. ``(II) Chicago creek.--The approximately 2.8-mile segment of Chicago Creek from and including the headwaters (including Whiskey Lake) to the confluence with the East Fork Illinois River, as a wild river. ``(III) Sanger canyon.-- ``(aa) Upper.--The approximately 0.7-mile segment of Sanger Creek from and including the headwaters to the boundary of the Siskiyou Wilderness, as a scenic river. ``(bb) Lower.--The approximately 1.6-mile segment of Sanger Creek from the boundary of the Siskiyou Wilderness to the confluence with the East Fork Illinois River, as a wild river. ``(IV) Dunn creek.-- ``(aa) Upper.--The approximately 7.5-mile segment of Dunn Creek from and including the headwaters on Lookout Mountain to the confluence with Poker Creek, as a wild river. ``(bb) Middle.--The approximately 1.5-mile segment of Dunn Creek from the confluence with Poker Creek to the north boundary of T. 18 N., R. 5 E., sec. 2, Humboldt Meridian, as a scenic river. ``(cc) Lower.--The approximately 0.8-mile segment of Dunn Creek from the west boundary of E\1/2\SE\1/4\sec. 34, T. 19 N., R. 5 E., Humboldt Meridian, to the confluence with the East Fork Illinois River, as a recreational river. ``(V) Mud lake creek.--The approximately 1.5-mile segment of Mud Lake Creek from and including the headwaters (including Mud Lake) to the confluence with Dunn Creek, as a wild river. ``(VI) Poker creek.-- ``(aa) Upper.--The approximately 1.6-mile segment of Poker Creek from and including the headwaters to 100 feet above Forest Road 4904- 060, as a wild river. ``(bb) Lower.--The approximately 1.7-mile segment of Power Creek from 100 feet above Forest Road 4904-060 to the confluence with Dunn Creek, as a scenic river. ``(VII) Black creek.--The approximately 2.7-mile segment of Black Creek from and including the headwaters (including Black Lake) to the confluence with Dunn Creek, as a wild river. ``(ii) Sucker creek, althouse creek, and tributaries.-- ``(I) Sucker creek.-- ``(aa) Upper.--The approximately 4.5-mile segment of Sucker Creek from and including the headwaters to 0.01 mile above Forest Service Road 098, as a wild river. ``(bb) Middle.--The approximately 12-mile segment of Sucker Creek from 0.01 miles above Forest Service Road 098 to the north boundary of T. 39 S., R. 7 W., sec. 25, Willamette Meridian, to be administered by the Secretary of Agriculture and the Secretary of the Interior as a recreational river. ``(II) Left fork sucker creek.--The approximately 4.7-mile segment of the Left Fork Sucker Creek from and including the headwaters to the confluence with Sucker Creek, as a scenic river. ``(III) Brush creek.--The approximately 2.4-mile segment of Brush Creek from and including the headwaters to the confluence with Left Fork Sucker Creek, as a scenic river. ``(IV) Left hand fork brush creek.--The approximately 1-mile segment of the Left Hand Fork Brush Creek from and including the headwaters to the confluence with Brush Creek, as a scenic river. ``(V) Bolan creek.--The approximately 4-mile segment of Bolan Creek from 0.01 miles below Bolan Lake, to the confluence with Sucker Creek, as a scenic river. ``(VI) Tannen creek.--The approximately 2-mile segment of Tannen Creek from and including Tannen Lake to the confluence with Sucker Creek, as a wild river. ``(VII) East tannen creek.--The approximately 1.4-mile segment of East Tannen Creek from and including Tannen Lake to the confluence with Tannen Creek, as a wild river. ``(VIII) Cave creek.-- ``(aa) Uppermost.--The approximately 0.1-mile segment of Cave Creek from and including the headwaters to the confluence with the River Styx, to be administered by the Secretary of the Interior as a scenic river. ``(bb) Middle.--The approximately 2.3-mile segment of Cave Creek from the boundary of the Oregon Caves Historic District to the boundary of the Oregon Caves National Monument and Preserve, to be administered by the Secretary of the Interior as a scenic river. ``(cc) Lower.--The approximately 2-mile segment of Cave Creek from the boundary of the Oregon Caves National Monument and Preserve to the confluence with Sucker Creek, as a recreational river. ``(IX) Lake creek.--The approximately 3.6-mile segment of Lake Creek from and including the headwaters (including Bigelow Lakes) to the confluence with Cave Creek, to be administered by the Secretary of the Interior as a recreational river. ``(X) Grayback creek and tributaries.--The approximately 7.8- mile segment of Grayback Creek from and including the headwaters (including Little Creek, Fan Creek, and Elk Creek) to the confluence with Sucker Creek, as a recreational river. ``(XI) Althouse creek.--The approximately 11.3-mile segment of Althouse Creek from and including the headwaters to the north boundary of T. 40 S., R. 7 W., sec. 9, Willamette Meridian, to be administered by the Secretary of Agriculture and the Secretary of the Interior as a scenic river. ``(XII) West fork althouse creek.-- The approximately 3-mile segment of West Fork Althouse Creek from the source and including Loretta Falls to the confluence with Althouse Creek, as a scenic river. ``(XIII) Limestone creek.--The approximately 3.4-mile segment of Limestone Creek from and including the headwaters to the confluence with Sucker Creek, as a scenic river. ``(iii) West fork illinois river watershed.-- ``(I) Upper.--The approximately 7.2-mile segment of the West Fork Illinois River from and including the headwaters to the east boundary of T. 40 S., R. 9 W., sec. 27, Willamette Meridian, to be administered by the Secretary of Agriculture and the Secretary of the Interior as a scenic river. ``(II) Middle.--The approximately 1.4-mile segment of the West Fork Illinois River from the west boundary of T. 40 S., R. 8 W., sec. 17, Willamette Meridian, to the north boundary of SE\1/4\NE\1/4\ sec. 17, T. 40 S., R. 8 W., Willamette Meridian, to be administered by the Secretary of the Interior as a scenic river. ``(III) Whiskey creek.-- ``(aa) Upper.--The approximately 3.9-mile segment of Whiskey Creek from and including the headwaters to the east boundary of T. 41 S., R. 9 W., sec. 8, Willamette Meridian, as a wild river. ``(bb) Lower.--The approximately 0.3-mile segment of Whiskey Creek from the east boundary of T. 41 S., R. 9 W., sec. 8, Willamette Meridian, to the confluence with the West Fork Illinois River, to be administered by the Secretary of the Interior as a scenic river. ``(IV) Rock creek.--The approximately 2-mile segment of Rock Creek from and including the headwaters to the confluence with the West Fork Illinois River, as a scenic river. ``(V) Little rock creek.--The approximately 2-mile segment of Little Rock Creek from and including the headwaters to the confluence with the West Fork Illinois River, as a scenic river. ``(VI) Rough and ready creek watershed.-- ``(aa) Upper watershed.-- The watershed of Rough and Ready Creek upstream of the north boundary of SW\1/4\SW\1/ 4\NW\1/4\ sec. 14, T. 40 S., R. 9 W., Willamette Meridian, as a wild river. ``(bb) Middle mainstem.-- The approximately 3-mile segment of Rough and Ready Creek from the north boundary of SW\1/4\SW\1/4\NW\1/4\ sec. 14, T. 40 S., R. 9 W., Willamette Meridian, to the east boundary of T. 40 S., R. 9 W., sec. 13, Willamette Meridian, as a scenic river. ``(cc) Lower mainstem.--The approximately 1.7-mile segment of Rough and Ready Creek from the east boundary of T. 40 S., R. 9 W., sec. 13, Willamette Meridian, to the confluence with the West Fork Illinois River, to be administered by the Secretary of the Interior as a scenic river. ``(VII) Parker creek.--The approximately 1.9-mile segment of Parker Creek from and including the headwaters to the east boundary of T. 40 S., R. 9 W., sec. 11, Willamette Meridian, as a wild river. ``(VIII) No name creek.--The approximately 2.5-mile segment of an unnamed stream, locally known as `No Name Creek', from and including the headwaters in SE\1/4\ sec. 3, T. 40 S., R. 9 W., Willamette Meridian, to the confluence with Rough and Ready Creek, as a wild river. ``(IX) Mendenhall creek.--The approximately 1.6-mile segment of Mendenhall Creek from and including the headwaters to the east boundary of SW\1/4\NE\1/4\ sec. 1., T. 40 S., R. 9 W., Willamette Meridian, as a wild river. ``(X) Woodcock creek.--The approximately 2-mile segment from and including the headwaters to the east boundary of SW\1/4\SW\1/4\ sec. 31, T. 39 S., R. 8 W., Willamette Meridian, to be administered by the Secretary of Agriculture and the Secretary of the Interior as a wild river. ``(iv) Josephine creek watershed.-- ``(I) Josephine creek.-- ``(aa) Upper josephine creek.--The approximately 8.7- mile segment of Josephine Creek from and including the headwaters to the confluence with Canyon Creek, as a wild river. ``(bb) Lower josephine creek.--The approximately 4.4- mile segment of Josephine Creek from the confluence with Canyon Creek to the confluence with the Illinois River, as a scenic river. ``(II) Canyon creek.--The approximately 5.9-mile segment of Canyon Creek from and including the headwaters to the confluence with Josephine Creek, as a wild river. ``(III) South fork canyon creek.-- The approximately 2.4-mile segment of South Fork Canyon Creek from and including the headwaters to the confluence with Canyon Creek, as a wild river. ``(IV) Sebastopol creek.--The approximately 2.4-mile segment of Sebastopol Creek from and including the headwaters to the confluence with Canyon Creek, as a wild river. ``(V) Fiddler gulch.--The approximately 4-mile segment of Fiddler Gulch from and including the headwaters to the confluence with Josephine Creek, as a wild river. ``(VI) Days gulch.--The approximately 3.4-mile segment of Days Gulch from and including the headwaters to the confluence with Josephine Creek, as a scenic river. ``(VII) Lightning gulch.--The approximately 1.1-mile segment of Lightning Gulch from and including the headwaters to the confluence with Canyon Creek, as a wild river. ``(VIII) Carpenter gulch.--The approximately 1.5-mile segment of Carpenter Gulch from and including the headwaters to the confluence with Canyon Creek, as a wild river. ``(v) Illinois river canyon tributary watersheds.-- ``(I) Deer creek.--The approximately 3-mile segment of Deer Creek from the west boundary of NW\1/ 4\SE\1/4\ sec. 9, T. 38 S., R. 8 W., Willamette Meridian, to the confluence with the Illinois River, as a scenic river. ``(II) Sixmile creek.--The approximately 5.5-mile segment of Sixmile Creek from and including the headwaters to the confluence with the Illinois River, as a scenic river. ``(III) Fall creek.--The approximately 5-mile segment of Fall Creek from and including the headwaters to the confluence with the Illinois River, as a wild river. ``(IV) Rancheria creek.-- ``(aa) Upper rancheria creek.--The approximately 5.1- mile segment of Rancheria Creek from and including the headwaters to the confluence with the West Fork Rancheria Creek, as a wild river. ``(bb) Lower rancheria creek.--The approximately 0.6- mile segment of Rancheria Creek from the confluence with the West Fork Rancheria Creek to the confluence with the Illinois River, as a recreational river. ``(V) West fork rancheria creek.-- The approximately 3.3-mile segment of Rancheria Creek from and including the headwaters to the confluence with the West Fork Rancheria Creek, as a scenic river. ``(VI) Dailey creek.--The approximately 3.6-mile segment of Dailey Creek from and including the headwaters to the confluence with the Illinois River, as a wild river. ``(VII) North fork dailey creek.-- The approximately 1.5-mile segment of an unnamed tributary to Dailey Creek, locally known as `North Fork Dailey Creek', from and including the headwaters in NW\1/4\NE\1/4\ sec. 36, T. 37 S., R. 10 W., Willamette Meridian, to the confluence with Dailey Creek, as a wild river. ``(VIII) South fork dailey creek.-- The approximately 2-mile segment of an unnamed tributary to Dailey Creek, locally known as `South Fork Dailey Creek', that begins at what is locally known as the `Frog Pond' in SW\1/ 4\NW\1/4\ sec. 1, T. 38 S., R. 10 W., Willamette Meridian, to the confluence with Dailey Creek, as a wild river. ``(IX) Lightning creek.--The approximately 1.8-mile segment of Lightning Creek from and including the headwaters to the confluence with the Illinois River, as a wild river. ``(X) Salmon creek.--The approximately 1.9-mile segment of Salmon Creek from and including the headwaters to the confluence with the Illinois River, as a wild river. ``(XI) Baker creek.-- ``(aa) Upper baker creek.-- The approximately 1-mile segment of Baker Creek from and including the headwaters to the mainstem Illinois wild and scenic river detailed corridor management boundary, as a wild river. ``(bb) Lower baker creek.-- The approximately 0.25-mile segment of Baker Creek from the mainstem Illinois wild and scenic river detailed corridor management boundary to the confluence with the Illinois River, as a scenic river. ``(XII) Labrador creek.--The approximately 2.1-mile segment of Labrador Creek from and including the headwaters to the confluence with the Illinois River, as a wild river. ``(XIII) Panther creek.--The approximately 2.6-mile segment of Panther Creek from and including the headwaters to the confluence with the Illinois River, as a wild river. ``(vi) Briggs creek watershed.-- ``(I) Briggs creek.--The approximately 16-mile segment of Briggs Creek from and including the headwaters to the confluence with the Illinois River, as a scenic river. ``(II) Horse creek.--The approximately 3.6-mile segment of Horse Creek from and including the headwaters to the confluence with Briggs Creek, as a scenic river. ``(III) Meyers creek.--The approximately 2.8-mile segment of Meyers Creek from and including the headwaters to the confluence with Briggs Creek, as a scenic river. ``(IV) Secret creek.--The approximately 5.6-mile segment of Secret Creek from and including the headwaters to the confluence with Briggs Creek, as a scenic river. ``(V) Onion creek.--The approximately 6.5-mile segment of Onion Creek from and including the headwaters to the confluence with Briggs Creek, as a scenic river. ``(VI) Swede creek.--The approximately 5.8-mile segment of Swede Creek from and including the headwaters to the confluence with Briggs Creek, as a scenic river. ``(VII) Soldier creek.--The approximately 4.7-mile segment of Soldier Creek from and including the headwaters to the confluence with Briggs Creek, as a scenic river. ``(VIII) Red dog creek.--The approximately 4-mile segment of Red Dog Creek from and including the headwaters to the confluence with Briggs Creek, as a scenic river. ``(vii) Silver and indigo creeks watersheds.-- ``(I) Indigo creek.-- ``(aa) Mainstem.--The approximately 8.1-mile segment of Indigo Creek from the confluence of West Fork Indigo Creek and East Fork Indigo Creek to the confluence with the Illinois River, as a wild river. ``(bb) Forks.-- ``(AA) North fork.--The approximately 6.7-mile segment of North Fork Indigo Creek from and including the headwaters to the confluence with Indigo Creek, as a wild river. ``(BB) West fork.-- The approximately 11.5- mile segment of West Fork Indigo Creek from and including the headwaters to the confluence with East Fork Indigo Creek, as a wild river. ``(CC) East fork.-- The approximately 12.8- mile segment of East Fork Indigo Creek from and including the headwaters to the confluence with West Fork Indigo Creek, as a wild river. ``(cc) Snail creek.--The approximately 4.6-mile segment of Snail Creek from and including the headwaters to the confluence with West Fork Indigo Creek, as a wild river. ``(II) Silver creek.-- ``(aa) Mainstem.-- ``(AA) Upper.--The approximately 7.1-mile segment of Silver Creek from and including the headwaters to the boundary between public land and private land in T. 36 S., R. 9 W., sec. 5, Willamette Meridian, as a scenic river. ``(BB) Lower.--The approximately 13-mile segment of Silver Creek from the boundary between public land and private land in T. 36 S., R. 9 W., sec. 5, Willamette Meridian, to the confluence with the Illinois River, as a wild river. ``(bb) South fork.--The approximately 7.3-mile segment of South Fork Silver Creek from and including the headwaters to the confluence with Silver Creek, as a wild river. ``(cc) North fork.-- ``(AA) Upper.--The approximately 6-mile segment from and including the headwaters downstream to the western edge of the Bureau of Land Management boundary in T. 35 S., R. 9 W., sec. 17, Willamette Meridian, to be administered by the Secretary of the Interior as a recreational river. ``(BB) Lower.--The approximately 8.7-mile segment of North Fork Silver Creek from the western edge of the Bureau of Land Management boundary in T. 35 S., R. 9 W., sec. 17, Willamette Meridian, to the confluence with Silver Creek, as a wild river. ``(dd) Tributaries.-- ``(AA) Little silver creek.--The approximately 3.2-mile segment of Little Silver Creek from and including the headwaters to the confluence with Silver Creek, as a wild river. ``(BB) Todd creek.--The approximately 5-mile segment of Todd Creek from and including the headwaters to the confluence with Silver Creek, as a wild river. ``(viii) Lower illinois river tributary watersheds.-- ``(I) Lawson creek.-- ``(aa) Mainstem.--The approximately 15-mile segment of Lawson Creek from and including the headwaters to the confluence with the Illinois River, as a wild river. ``(bb) South fork.--The approximately 4.3-mile segment of South Fork Lawson Creek from and including the headwaters to the confluence with Lawson Creek, as a wild river. ``(II) Collier creek.-- ``(aa) North fork.--The approximately 3.1-mile segment of North Fork Collier Creek from and including the headwaters to the Kalmiopsis Wilderness boundary, as a wild river. ``(bb) South fork.--The approximately 1.8-mile segment of South Fork Collier Creek from and including the headwaters to the Kalmiopsis Wilderness boundary, as a wild river. ``(cc) Horse sign creek.-- The approximately 5.9-mile segment of Horse Sign Creek from and including the headwaters to the confluence with the Illinois River, as a wild river.''. (d) Owyhee, Oregon.--Section 3(a)(55) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)(55)) is amended-- (1) in the third sentence, by striking ``by this paragraph'' and inserting ``by this subparagraph''; (2) in the first sentence, by striking ``The South Fork'' and inserting the following: ``(A) In general.--The South Fork''; and (3) by adding at the end the following: ``(B) Additions.--In addition to the segment described in subparagraph (A), there are designated the following stream segments that are additional to or tributaries to the segment described in that subparagraph, to be administered by the Secretary of the Interior in the following classes: ``(i) Lower owyhee river.--The approximately 15.7-mile segment of the Owyhee River from the base of Owyhee Dam in T. 22 S., R. 45 E., sec. 20, Willamette Meridian, to the north boundary of SW\1/4\SE\1/4\ sec. 13, T. 21 S., R. 45 E., Willamette Meridian, as a recreational river. ``(ii) Middle fork owyhee river.--The approximately 8.7-mile segment of the Middle Fork Owyhee River from the north boundary of SE\1/4\ sec. 32, T. 35 S., R. 46 E., Willamette Meridian, to the confluence with the North Fork Owyhee River, as a wild river. ``(iii) Pole creek.--The approximately 8.2- mile segment of Pole Creek from the border between the States of Oregon and Idaho to the confluence with the Middle Fork Owyhee River, as a wild river. ``(iv) Big antelope creek.--The approximately 8.9-mile segment of Big Antelope Creek from the south boundary of NW\1/4\NW\1/4\ sec. 16, T. 36 S., R. 46 E., Willamette Meridian, to the confluence with the Owyhee River, as a wild river. ``(v) Dry creek.--The approximately 24.2- mile segment of Dry Creek from the west boundary of NE\1/4\SE\1/4\ sec. 6, T. 24 S., R. 41 E., Willamette Meridian, to Owyhee Reservoir pool, as a wild river. ``(C) Incorporation of existing wild and scenic rivers.-- ``(i) North fork owyhee, oregon.--The 8- mile segment from the boundary between the States of Oregon and Idaho to the confluence with the Owyhee River, to be administered by the Secretary of the Interior as a wild river. ``(ii) West little owyhee, oregon.--The 51- mile segment from and including the headwaters to the confluence with the Owyhee River, to be administered by the Secretary of the Interior as a wild river.''. (e) Chetco, Oregon.--Section 3(a)(69) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)(69)) is amended-- (1) in subparagraph (B), by striking ``subparagraph (A)'' and inserting ``subparagraphs (A) and (B)''; (2) by redesignating subparagraph (B) as subparagraph (C); and (3) by inserting after subparagraph (A) the following: ``(B) Additions.--In addition to the segments described in subparagraph (A), there are designated the following stream segments, to be administered by the Secretary of Agriculture in the following classes: ``(i) Upper tributaries.-- ``(I) Mislatnah creek.--The approximately 5.3-mile segment of Mislatnah Creek from and including the headwaters to the confluence with the Chetco River, as a wild river. ``(II) Craggie creek.--The approximately 2.3-mile segment of Craggie Creek from and including the headwaters to the confluence with Mislatnah Creek, as a wild river. ``(ii) South fork.-- ``(I) Upper south fork chetco.--The approximately 9.9-mile segment of the South Fork Chetco River from and including the headwaters to the west boundary of T. 39 S., R. 12 W., sec. 10, Willamette Meridian, as a wild river. ``(II) Lower south fork chetco.-- The approximately 1.2-mile segment of the South Fork Chetco River from the west boundary of T. 39 S., R. 12 W., sec. 10, Willamette Meridian, to the confluence with the Chetco River, as a scenic river. ``(III) Quail prairie creek.--The approximately 6.8-mile segment of Quail Prairie Creek from and including the headwaters to the confluence with the South Fork Chetco River, as a scenic river. ``(IV) West coon creek.--The approximately 3.6-mile segment of West Coon Creek from and including the headwaters to the confluence with the South Fork Chetco River, as a scenic river. ``(V) Basin creek.--The approximately 2.4-mile segment of Basin Creek from and including the headwaters to the confluence with the South Fork Chetco River, as a scenic river. ``(VI) Red mountain creek.--The approximately 3-mile segment of Red Mountain Creek from and including the headwaters to the confluence with the South Fork Chetco River, as a wild river. ``(iii) Oregon redwoods tributaries.-- ``(I) Emily creek.--The approximately 8.3-mile segment of Emily Creek from and including the headwaters to the confluence with the Chetco River, as a wild river. ``(II) Little emily creek.--The approximately 1.8-mile segment of Little Emily Creek from and including the headwaters to the confluence with the Chetco River, as a wild river. ``(III) Redwood creek.--The approximately 0.8-mile segment of Redwood Creek from and including the headwaters to the confluence with the Chetco River, as a scenic river. ``(IV) Big redwood creek.--The approximately 1.6-mile segment Big Redwood Creek from and including the headwaters to the confluence with the Chetco River, as a scenic river. ``(V) Mill creek.--The approximately 1.4-mile segment of Mill Creek from and including the headwaters to the west boundary of T. 40 S., R. 12 W., sec. 19, Willamette Meridian, as a scenic river. ``(VI) Jack creek.--The approximately 2.1-mile segment of Jack Creek from and including the headwaters to the boundary between public land and private land in T. 40 S., R. 12 W., sec. 31, Willamette Meridian, as a scenic river. ``(VII) Babyfoot creek.-- ``(aa) In general.--The approximately 1-mile segment of Babyfoot Creek from and including Babyfoot Lake, and including all tributary streams, associated wetlands, and springs, to the point at which Babyfoot Creek enters the Kalmiopsis Wilderness in T. 38 S., R. 9 E., sec. 30, Willamette Meridian, as a wild river. ``(bb) Withdrawal.--Subject to valid existing rights, the Babyfoot Lake Botanical Area is withdrawn from the application of the Federal mining laws in accordance with subparagraph (C).''. (f) Clackamas, Oregon.--Section 3(a)(70) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)(70)) is amended-- (1) by redesignating subparagraphs (A) through (F) as clauses (i) through (iv), respectively, and indenting appropriately; (2) in the matter preceding clause (i) (as so redesignated), by striking ``The 47-mile'' and inserting the following: ``(A) In general.--The 47-mile''; and (3) by adding at the end the following: ``(B) Additions.--In addition to the segments described in subparagraph (A), there are designated the following stream segments, to be administered by the Secretary of Agriculture, except as otherwise provided, in the following classes: ``(i) Fish creek.--The 13.5-mile segment of Fish Creek from and including the headwaters to the confluence with the Clackamas River, as a recreational river. ``(ii) South fork.-- ``(I) South fork.--The approximately 9.2-mile segment of the South Fork Clackamas River from and including the headwaters to the confluence with the Clackamas River, as a wild river. ``(II) East fork south fork clackamas.--The approximately 3.7-mile segment of the East Fork South Clackamas River from and including the headwaters (including Helen Lake) to the confluence with the South Fork Clackamas River, as a scenic river. ``(III) Memaloose creek.--The approximately 9-mile segment of the Memaloose Creek from and including the headwaters (including Memaloose Lake) to the confluence with the South Fork Clackamas River, as a scenic river. ``(iii) North fork.--The approximately 14- mile segment of the North Fork Clackamas River from and including the headwaters to the North Fork Reservoir Pool, to be administered by the Secretary of the Interior and the Secretary of Agriculture as a scenic river. ``(iv) Oak grove fork.-- ``(I) Upper oak grove fork.--The approximately 3.6-mile segment of the Oak Grove Fork Clackamas River from the boundary of the Warm Springs Indian Reservation (including Clackamas Lake and associated wetlands) to Timothy Reservoir Pool, as a scenic river. ``(II) Middle oak grove fork.--The approximately 10-mile segment of the Oak Grove Fork Clackamas River from 0.1 mile below Timothy Reservoir Dam to Harriet Reservoir Pool, as a recreational river. ``(III) Lower oak grove fork.--The approximately 5.1-mile segment of the Oak Grove Fork Clackamas River from 0.25 mile below Harriet Reservoir Dam to the confluence with the Clackamas River, as a recreational river.''. (g) Deschutes, Oregon.--Section 3(a)(73) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)(73)) is amended-- (1) in each of subparagraphs (A) through (D), by striking the semicolon at the end and inserting a period; (2) in subparagraph (B), by striking ``the 11'' and inserting ``The 11''; (3) in subparagraph (C), by striking ``the 3'' and inserting ``The 3''; (4) in subparagraph (D), by striking ``the 19'' and inserting ``The 19''; (5) in subparagraph (E), by striking ``the 100'' and inserting ``The 100''; and (6) by adding at the end the following: ``(F) The 8.4-mile segment from and including Lava Lake and Little Lava Lake and associated wetlands to the Crane Prairie Reservoir Pool as a recreational river, to be administered by the Secretary of Agriculture. ``(G) Tributaries.--In addition to the segments described in subparagraphs (A) through (F), there are designated the following stream segments that are tributaries to the segments described in those subparagraphs, to be administered by the Secretary of Agriculture in the following classes: ``(i) Fall river.-- ``(I) Upper.--The approximately 3.6-mile segment of Fall River from the source to the east boundary of T. 20 S., R. 9 E., sec. 36, Willamette Meridian, as a recreational river. ``(II) Lower.--The approximately 4.1-mile segment of Fall River from the north boundary of NW\1/4\SW\1/4\ sec. 33, T. 20 S., R. 10 E., Willamette Meridian, to the confluence with the Deschutes River, as a recreational river. ``(ii) Browns creek.--The approximately 2.7-mile segment of Browns Creek from the source at multiple springs in T. 21 S., R. 8 E., sec. 30, Willamette Meridian, including approximately 1.5 miles of an unnamed wetland meadow tributary that enters Browns Creek in NW\1/4\SW\1/4\ sec. 30, T. 21 S., R. 8 E., Willamette Meridian, to Wickiup Reservoir Pool, as a recreational river. ``(iii) Paulina creek.--The approximately 8.6-mile segment of Paulina Creek from 0.01 miles below road 2100-505 at Paulina Lake to the boundary of the Deschutes National Forest, as a scenic river. ``(iv) Cultus river.--The approximately 1.9-mile segment of the Cultus River from the sources at multiple springs to the Crane Prairie Reservoir Pool, as a scenic river.''. (h) Donner Und Blitzen, Oregon.--Section 3(a)(74) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)(74)) is amended by adding at the end the following: ``(J) The approximately 3.1-mile segment of Little Fish Creek from and including the headwaters to the confluence with Fish Creek. ``(K) The approximately 2.2-mile segment of Grove Creek from and including the headwaters to the confluence with Fish Creek.''. (i) Eagle Creek, Oregon.--Section 3(a)(75) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a))(75) is amended-- (1) in the matter preceding subparagraph (A)-- (A) by striking ``27'' and inserting ``10''; and (B) by striking ``Creek; to be'' and inserting ``Creek, to be''; (2) in each of subparagraphs (A) and (B), by striking the semicolon at the end and inserting a period; (3) in subparagraph (B), by striking ``the 15.5'' and inserting ``The 15.5''; (4) in subparagraph (C)-- (A) by striking ``the 6'' and inserting ``The 6''; and (B) by striking ``; and'' and inserting a period; (5) in subparagraph (D), by striking ``the 1.5'' and inserting ``The 1.5''; and (6) by adding at the end the following: ``(E) The 0.5-mile segment of West Eagle Creek from the Eagle Cap Wilderness boundary to 0.01 miles above Forest Service Road 7700, as a wild river. ``(F) The approximately 5.8-mile segment of West Eagle Creek from 0.01 miles above Forest Service Road 7700 to the confluence with Eagle Creek, as a recreational river. ``(G) The approximately 3.7-mile segment of East Fork Eagle Creek from the Eagle Cap Wilderness boundary to the north boundary of SW\1/4\ sec. 28, T. 6 S., R. 44 E., Willamette Meridian, as a recreational river.''. (j) Grande Ronde, Oregon.--Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by striking paragraph (77) and inserting the following: ``(77) Grande ronde, oregon.--The following segments, to be administered by the Secretary of Agriculture, except as otherwise provided, in the following classes: ``(A) Lower mainstem.-- ``(i) The 1.5-mile segment of the mainstem from the confluence with the Wallowa River to the Umatilla National Forest boundary in T. 3 N., R. 40 E., sec. 11, as a recreational river. ``(ii) The 17.4-mile segment of the mainstem from the Umatilla National Forest boundary in T. 3 N., R. 40 E., sec. 11, to the Wallowa-Whitman National Forest boundary approximately \1/2\ mile east of Grossman Creek, as a wild river. ``(iii) The 9-mile segment of the mainstem from the Wallowa-Whitman National Forest boundary approximately \1/2\ mile east of Grossman Creek to Wildcat Creek, to be administered by the Secretary of the Interior as a wild river. ``(iv) The 15.9-mile segment of the mainstem from Wildcat Creek to the border between the States of Oregon and Washington, to be administered by the Secretary of the Interior as a recreational river. ``(B) Upper mainstem.-- ``(i) Upper.--The approximately 7.9-mile segment of the mainstem from and including the headwaters and associated wetlands to the confluence with the East Fork Grande Ronde River, as a wild river. ``(ii) Grande ronde lake creek.--The approximately 1.8-mile segment of Grande Ronde Lake Creek from and including Grande Ronde Lake and adjacent and downstream wetlands to the confluence with the Grande Ronde River, as a scenic river. ``(iii) Middle.--The approximately 3.7-mile segment of the mainstem from the confluence with the East Fork Grande Ronde to the south boundary of T. 5 S., R. 36 E., sec. 32, Willamette Meridian, as a recreational river. ``(iv) Lower.--The approximately 8.2-mile segment of the mainstem from the south boundary of T. 5 S., R. 36 E., sec. 18, Willamette Meridian, to the north boundary of SW\1/4\ sec. 14, T. 4 S., R. 35 E., Willamette Meridian, as a scenic river. ``(C) Tributaries.-- ``(i) East fork grande ronde river.--The approximately 3.9-mile segment of the East Fork Grande Ronde River from and including the headwaters to the confluence with the Grande Ronde River, as a scenic river. ``(ii) Five points creek.--The approximately 12.8-mile segment of Five Points Creek from and including the headwaters to the west boundary of NE\1/4\ sec. 30, T. 2 S., R. 37 E., Willamette Meridian, as a wild river. ``(iii) Middle fork five points creek.--The approximately 2.4-mile segment of Middle Fork Five Points Creek from the source at and including Conklin Spring to the confluence with Five Points Creek, as a scenic river. ``(iv) Mount emily creek.--The approximately 3.8-mile segment of Mount Emily Creek from and including the headwaters to the confluence with Five Points Creek, as a scenic river. ``(v) Catherine creek.-- ``(I) North fork.-- ``(aa) Upper.--The approximately 2.1-mile segment of North Fork Catherine Creek from the Eagle Cap Wilderness boundary to the confluence with Middle Fork Catherine Creek, as a wild river. ``(bb) Lower.--The approximately 3.1-mile segment of North Fork Catherine Creek from the confluence with Middle Fork Catherine Creek to the confluence with South Fork Catherine Creek, as a recreational river. ``(II) Middle fork.--The approximately 5.5-mile segment of North Fork Catherine Creek from and including the headwaters to the confluence with North Fork Catherine Creek, as a scenic river. ``(III) South fork.-- ``(aa) South fork.--The approximately 8.7-mile segment of South Fork Catherine Creek from the Eagle Cap Wilderness boundary to the confluence with North Fork Catherine Creek, as a scenic river. ``(bb) Tributaries.-- ``(AA) Collins creek.--The approximately 2.1-mile segment of Collins Creek from and including the headwaters to the confluence with South Fork Catherine Creek, as a wild river. ``(BB) Sand pass creek.--The approximately 2.1-mile segment of Sand Pass Creek from and including the headwaters to the confluence with South Fork Catherine Creek, as a wild river. ``(CC) Pole creek.--The approximately 3.5-mile segment of Pole Creek from and including the headwaters to the confluence with South Fork Catherine Creek, as a wild river. ``(vi) Beaver creek.-- ``(I) Upper.--The approximately 5.2-mile segment of Beaver Creek from and including the headwaters to La Grande Reservoir pool, as a scenic river. ``(II) Lower.--The approximately 6.5-mile segment from the north boundary of SE\1/4\SE\1/4\ sec. 5, T. 5 S., R. 37 E., Willamette Meridian, to the north boundary of T. 4 S., R. 36 E., sec. 22, Willamette Meridian, as a scenic river. ``(vii) Lookingglass creek.--The approximately 8.7-mile segment from the west boundary of T. 4 N., R. 38 E., sec. 33, Willamette Meridian, to the east boundary of T. 3 N., R. 39 E., sec. 9, Willamette Meridian, as a wild river. ``(viii) Little lookingglass creek.--The approximately 7.9-mile segment of Little Lookingglass Creek from and including the headwaters to the south boundary of T. 4 N., R. 39 E., sec. 26, Willamette Meridian, as a scenic river. ``(ix) Mottet creek.-- ``(I) Upper.--The approximately 2.6-mile segment of Mottet Creek from and including the headwaters, including Mottet Spring, to Jubilee Reservoir Pool, as a scenic river. ``(II) Lower.--The approximately 5.6-mile segment of Mottet Creek from 100 feet below Jubilee Reservoir Spillway to the east boundary of T. 3 N., R. 39 E., sec. 3, Willamette Meridian, as a scenic river. ``(x) Summer creek.--The approximately 5.9- mile segment of Summer Creek from and including the headwaters (including Dusty Spring) to the confluence with Lookingglass Creek, as a scenic river. ``(xi) Indian creek.--The approximately 9.5-mile segment from and including the headwaters to the west boundary of NE\1/4\ sec. 10, T. 2 S., R. 40 E., Willamette Meridian, as a scenic river. ``(xii) East fork indian creek.--The approximately 4.5-mile segment from and including the headwaters to the confluence with Indian Creek, as a wild river. ``(xiii) Camp creek.--The approximately 4- mile segment of Camp Creek from and including the headwaters to the confluence with Indian Creek, as a wild river. ``(xiv) Mud creek.--The approximately 12.2- mile segment of Mud Creek from the south boundary of T. 3 N., R. 44 E., sec. 33, Willamette Meridian, to the north boundary of T. 4 N., R. 43 E., sec. 21, Willamette Meridian, as a wild river. ``(xv) Tope creek.--The approximately 7.5- mile segment of Tope Creek from the south boundary of T. 3 N., R. 43 E., sec. 34, Willamette Meridian, to the confluence with Mud Creek, as a wild river. ``(xvi) Wildcat creek.--The approximately 14.3-mile segment of Wildcat Creek from the north boundary of T. 2 N., R. 43 E., sec. 5, Willamette Meridian, to the north boundary of T. 5 N., R. 43 E., sec. 31, Willamette Meridian, as a scenic river. ``(xvii) Bear creek.-- ``(I) Upper.--The approximately 2- mile segment of Bear Creek from and including the headwaters to 0.01 mile above Forest Service Road 62, as a scenic river. ``(II) Lower.--The approximately 5.5-mile segment of Bear Creek from 0.01 mile above Forest Service Road 62 to the confluence with the Grande Ronde River, as a wild river. ``(xviii) Clear creek.--The approximately 7.4-mile segment of Clear Creek from and including the headwaters to the confluence with the Grande Ronde River, as a scenic river.''. (k) Imnaha, Oregon.--Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by striking paragraph (78) and inserting the following: ``(78) Imnaha, oregon.--The following segments, to be administered by the Secretary of Agriculture in the following classes: ``(A) Mainstem.-- ``(i) Upper.--The 6-mile segment from the confluence with the North and South Forks of the Imnaha River to Indian Crossing, as a wild river. ``(ii) Middle.--The 58-mile segment from Indian Crossing to Cow Creek, as a recreational river. ``(iii) Lower.--The 4-mile segment from Cow Creek to the mouth of the Imnaha River, as a scenic river. ``(B) South fork.--The 9-mile segment of the South Fork Imnaha River from and including the headwaters to the confluence with the Imnaha River, as a wild river. ``(C) Tributaries.-- ``(i) Big sheep creek.-- ``(I) Upper.--The approximately 12- mile segment of Big Sheep Creek from the Eagle Cap Wilderness boundary to the north boundary of T. 3 S., R. 47 E., sec. 29, Willamette Meridian, as a scenic river. ``(II) Middle.--The approximately 3.4-mile segment of Big Sheep Creek from the west boundary of T. 2 S., R. 47 E., sec. 24, Willamette Meridian, to the north boundary of SE\1/4\SE\1/4\ sec. 6, T. 2 S., R. 48 E., Willamette Meridian, as a scenic river. ``(ii) Carrol creek.--The approximately 7.3-mile segment of Carrol Creek from and including the headwaters to the north boundary of T. 3 S., R. 47 E., sec. 19, Willamette Meridian, as a scenic river. ``(iii) Grouse creek.--The approximately 14.3-mile segment of Grouse Creek from and including the headwaters to the east boundary of T. 3 S., R. 48 E., sec. 18, Willamette Meridian, as a wild river. ``(iv) Lick creek.--The approximately 7.8- mile segment of Lick Creek from the Eagle Cap Wilderness boundary to the confluence with Big Sheep Creek, as a scenic river. ``(v) Mccully creek.--The approximately 2.5-mile segment of McCully Creek from the Eagle Cap Wilderness boundary to the north boundary of T. 3 S., R. 45 E., sec. 25, Willamette Meridian, as a wild river. ``(vi) Crazyman creek.--The approximately 7.2-mile segment of Crazyman Creek from and including the headwaters to the confluence with the Imnaha River, as a wild river. ``(vii) Pumpkin creek.--The approximately 8.4-mile segment of Pumpkin Creek from the south boundary of T. 1 N., R. 48 E., sec. 25, Willamette Meridian, to the north boundary of SW\1/4\SE\1/4\ sec. 24, T. 2 N., R. 48 E., Willamette Meridian, as a wild river. ``(viii) Horse creek.--The approximately 16.9-mile segment of Horse Creek from and including the headwaters to the north boundary of SE\1/4\SE\1/4\ sec. 25, T. 2 N., R. 48 E., Willamette Meridian, as a wild river. ``(ix) Lightning creek.--The approximately 17.4-mile segment of Lightning Creek from and including the headwaters to the private land boundary of NE\1/4\ sec. 20, T. 2 N., R. 49 E., Willamette Meridian, as a wild river. ``(x) Medicine creek.--The approximately 6.6-mile segment of Medicine Creek from and including the headwaters to the confluence with Sleepy Creek, as a wild river. ``(xi) Sleepy creek.--The approximately 11.7-mile segment of Sleepy Creek from and including the headwaters to the confluence with Lightning Creek, as a wild river. ``(xii) Cow creek.--The approximately 17.1- mile segment of Cow Creek from and including the headwaters to the north boundary of SW\1/ 4\NW\1/4\ sec. 16, T. 3 N., R. 49 E., Willamette Meridian, as a wild river. ``(xiii) Long prong.--The approximately 7.2-mile segment of Long Prong from and including the headwaters to the confluence with Cow Creek, as a wild river.''. (l) John Day, Oregon.--Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by striking paragraph (79) and inserting the following: ``(79) John day, oregon.-- ``(A) Mainstem.--The 147.5-mile segment from Service Creek to Tumwater Falls as a recreational river, to be administered through a cooperative management agreement between the State of Oregon and the Secretary of the Interior as provided in section 10(e). ``(B) Additional segments.--The following stream segments that are tributaries to the segment described in subparagraph (A), to be administered by the Secretary of Agriculture, except as otherwise provided: ``(i) Thirtymile creek.--The approximately 9.3-mile segment of Thirtymile Creek from the east boundary of T. 5 S., R. 20 E., sec. 4, Willamette Meridian, to the confluence with the John Day River, to be administered by the Secretary of the Interior as a scenic river. ``(ii) Bridge creek.--The approximately 17.4-mile segment of Bridge Creek, from the east boundary of NW\1/4\SE\1/4\ sec. 35, T. 11 S., R. 21 E., Willamette Meridian, to the confluence with the John Day River, to be administered by the Secretary of the Interior as a recreational river. ``(iii) Rock creek.-- ``(I) Rock creek, upper.--The approximately 2.2-mile segment of Rock Creek from and including the headwaters to 0.01 miles below Forest Service Road 38, as a recreational river. ``(II) Rock creek, lower.--The approximately 6.2-mile segment of Rock Creek 0.01 miles below Forest Service Road 38 to 0.01 mile above Rock Creek Irrigation Ditch, as a wild river. ``(iv) Cottonwood creek.-- ``(I) Mainstem.--The approximately 8.2-mile segment of Cottonwood Creek from and including the headwaters to the Ochoco National Forest boundary, as a wild river. ``(II) East fork.--The approximately 3.1-mile segment of East Fork Cottonwood Creek from and including the headwaters to the confluence with Cottonwood Creek, as a wild river. ``(v) Rail creek.--The approximately 5.7- mile segment of Rail Creek from and including the headwaters to the west boundary of T. 14 S., R. 35 E., sec. 20, Willamette Meridian, as a scenic river. ``(vi) Deardorff creek and tributaries.-- ``(I) Deardorff creek.--The approximately 5.8-mile segment of Deardorff Creek from and including the headwaters to the confluence with Pole Creek, as a recreational river. ``(II) North fork deardorff creek.--The approximately 2.3-mile segment of North Fork Deardorff Creek from and including the headwaters to the confluence with South Fork Deardorff Creek, as a wild river. ``(III) South fork deardorff creek.--The approximately 2-mile segment of South Fork Deardorff Creek from and including the headwaters to the confluence with North Fork Deardorff Creek, as a wild river. ``(IV) Little baldy creek.--The approximately 2.5-mile segment of Little Baldy Creek from and including the headwaters to the confluence with Deardorff Creek, as a scenic river. ``(V) Alder gulch.--The approximately 1.6-mile segment of Alder Gulch from and including the headwaters to the confluence with Deardorff Creek, as a scenic river. ``(vii) Reynolds creek.-- ``(I) Upper.--The approximately 5.1-mile stretch of Reynolds Creek from and including the headwaters to 0.01 mile above Forest Service Road 2635, as a wild river. ``(II) Lower.--The approximately 2- mile stretch of Reynolds Creek from 0.01 mile above Forest Service Road 2635 to the west boundary of NE\1/4\ sec. 30, T. 13 S., R. 35 E., Willamette Meridian, as a recreational river. ``(viii) Standard creek.--The approximately 3.6-mile segment of Standard Creek from and including the headwaters to the point at which Standard Creek crosses into private land in SE\1/4\SE\1/4\ sec. 1, T. 12 S., R. 33 E., Willamette Meridian, as a wild river.''. (m) Joseph Creek, Oregon and Washington.--Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by striking paragraph (80) and inserting the following: ``(80) Joseph creek, oregon and washington.--The following segments, to be administered by the Secretary of Agriculture in the following classes: ``(A) Mainstem.--The 31.8-mile segment from Joseph Creek Ranch, 1 mile downstream from Cougar Creek, to the north boundary of SE\1/4\NE\1/4\ sec. 8, T. 6 N., R. 46 E., Willamette Meridian, as a wild river. ``(B) Tributaries.-- ``(i) Swamp creek.-- ``(I) Middle.--The approximately 8- mile segment of Swamp Creek from the south boundary of T. 2 N., R. 45 E., sec. 29, Willamette Meridian, to the north boundary of SE\1/4\NE\1/4\ sec. 30, T. 3 N., R. 45 E., Willamette Meridian, as a scenic river. ``(II) Lower.--The approximately 8.6-mile segment of Swamp Creek from the north boundary of SE\1/4\NE\1/4\ sec. 30, T. 3 N., R. 45 E., Willamette Meridian, to the confluence with Joseph Creek, as a wild river. ``(ii) Davis creek.-- ``(I) Upper.--The approximately 4.2-mile segment of Davis Creek from the Forest Service ownership boundary in NE\1/4\ sec. 13, T. 2 N., R. 44 E., Willamette Meridian, to the north boundary of T. 3 N., R. 44 E., sec. 36, Willamette Meridian, as a scenic river. ``(II) Lower.--The approximately 5.5-mile segment of Davis Creek from the north boundary of T. 3 N., R. 44 E., sec. 36, Willamette Meridian, to the confluence with Swamp Creek, as a wild river. ``(iii) Cottonwood creek.--The approximately 8.8-mile segment of Cottonwood Creek from and including the headwaters (including Box Spring) to the north boundary of T. 5 N., R. 46 E., sec. 13, Willamette Meridian, as a wild river. ``(iv) Dead horse creek.--The approximately 2.3-mile segment of Dead Horse Creek from and including the headwaters (including the Cold Spring tributary) to the confluence with Cottonwood Creek, as a wild river. ``(v) Bear creek and tributaries.-- ``(I) Bear creek.--The approximately 4.6-mile segment of Bear Creek from and including the headwaters to the confluence with Cottonwood Creek, as a wild river. ``(II) Tributary number 1.--The approximately 2-mile segment of a tributary of Bear Creek from and including the headwaters in T. 5 N., R. 46 E., sec. 26, Willamette Meridian, including Wildhorse Spring, to the confluence with Bear Creek, as a wild river. ``(III) Tributary number 2.--The approximately 2.1-mile segment of a tributary of Bear Creek from and including the headwaters in NW\1/4\ sec. 23, T. 5 N., R. 46 E., Willamette Meridian, to the confluence with Bear Creek, as a wild river. ``(vi) Basin creek.--The approximately 6.2- mile segment of Basin Creek from and including the headwaters to the confluence with Cottonwood Creek, as a wild river. ``(vii) Brushy creek.--The approximately 1.1-mile segment of Brushy Creek from and including the headwaters in T. 5 N., R. 46 E., sec. 15, Willamette Meridian, to the confluence with Basin Creek, as a wild river. ``(viii) Broady creek.-- ``(I) Upper.--The approximately 3.7-mile segment of Broady Creek from and including the headwaters to the confluence with East Fork Broady Creek, as a scenic river. ``(II) Lower.--The approximately 7.9-mile segment of Broady Creek from the confluence with East Fork Broady Creek to the confluence with Cottonwood Creek, as a wild river. ``(ix) West fork broady creek.--The approximately 3.8-mile segment of West Fork Broady Creek from and including the headwaters to the confluence with Broady Creek, as a recreational river. ``(x) East fork broady creek.--The approximately 3.8-mile segment of East Fork Broady Creek from and including the headwaters to the confluence with Broady Creek, as a wild river. ``(xi) Peavine creek.--The approximately 6.3-mile segment of Peavine Creek from and including the headwaters (including Stewart Spring) to the confluence with Joseph Creek, as a wild river. ``(xii) Lupine creek.-- ``(I) Upper.--The approximately 1.4-mile segment of Lupine Creek from and including the headwaters to the north boundary of T. 4 N., R. 45 E., sec. 15, Willamette Meridian, as a scenic river. ``(II) Lower.--The approximately 3.1-mile segment of Lupine Creek from the north boundary of T. 4 N., R. 45 E., sec. 15, Willamette Meridian, to the confluence with Peavine Creek, as a wild river. ``(xiii) Cold spring creek.--The approximately 4-mile segment of Cold Spring Creek from and including the headwaters to the confluence with Cabin Creek, as a recreational river. ``(xiv) Cabin creek.--The approximately 3.1-mile segment of Cabin Creek from and including the headwaters to the confluence with Cold Spring Creek, as a wild river. ``(xv) Horse creek.--The approximately 2.9- mile segment of Horse Creek from the confluence of Cabin Creek and Cold Spring Creek to the west boundary of NE\1/4\ sec. 30, T. 6 N., R. 47 E., Willamette Meridian, as a recreational river. ``(xvi) Chesnimnus creek.-- ``(I) Mainstem.--The approximately 19.5-mile segment of Chesnimnus Creek from and including the headwaters to the west boundary of NE\1/4\NW\1/4\ sec. 23, T. 3 N., R. 46 E., Willamette Meridian, as a recreational river. ``(II) South fork.--The approximately 5-mile segment of South Fork Chesnimnus Creek from and including the headwaters to the confluence with Chesnimnus Creek, as a scenic river. ``(III) Tributaries.-- ``(aa) Billy creek.--The approximately 6.6-mile segment of Billy Creek from and including the headwaters, including Billy Spring, to the confluence with Chesnimnus Creek, as a scenic river. ``(bb) Devils run creek.-- The approximately 7.4-mile segment of Devils Run Creek from and including the headwaters, including Billy Spring, to the confluence with Chesnimnus Creek, as a scenic river.''. (n) Little Deschutes, Oregon.--Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by striking paragraph (81) and inserting the following: ``(81) Little deschutes, oregon.--The following segments, to be administered by the Secretary of Agriculture in the following classes: ``(A) Mainstem.-- ``(i) Upper.--The 12-mile segment from the source in NW\1/4\ sec. 15, T. 26 S., R. 6\1/2\ E., Willamette Meridian, to the north boundary of T. 26 S., R. 7 E., sec. 12, Willamette Meridian, as a recreational river. ``(ii) Middle.--The 5.9-mile segment from the south boundary of T. 25 S., R. 7 E., sec. 36, Willamette Meridian, to the north boundary of T. 25 S., R. 8 E., sec. 20, Willamette Meridian, as a recreational river. ``(iii) Lower.--The 8-mile segment from the National Forest ownership boundary in T. 25 S., R. 8 E., sec. 5, Willamette Meridian, to the east boundary of T. 24 S., R. 8 E., sec. 35, Willamette Meridian, as a recreational river. ``(B) Tributaries.-- ``(i) Hemlock creek.--The approximately 5.1-mile segment of Hemlock Creek from and including the headwaters to the east boundary of T. 26 S., R. 7 E., sec. 2, Willamette Meridian, as a scenic river. ``(ii) Spruce creek.--The approximately 4.3 miles from and including the headwaters to the confluence with Hemlock Creek, as a scenic river. ``(iii) Swamp creek.--The approximately 4.9 miles from and including the headwaters to the confluence with Hemlock Creek, as a scenic river.''. (o) Malheur, Oregon.--Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by striking paragraph (83) and inserting the following: ``(83) Malheur, oregon.--The following segments, to be administered by the Secretary of Agriculture and the Secretary of the Interior in the following classes: ``(A) Upper mainstem.-- ``(i) Upper.--The 7-mile segment from Bosonberg Creek to Malheur Ford, as a scenic river. ``(ii) Middle.--The 6.7-mile segment from Malheur Ford to the Malheur National Forest boundary, as a wild river. ``(iii) Lower.--The approximately 4.2-mile segment of the Malheur River from the Malheur National Forest Boundary to the west boundary of T. 18 S., R. 34 E., sec. 33, Willamette Meridian, as a wild river. ``(B) Middle mainstem.--The approximately 15.8-mile segment from the confluence with the South Fork Malheur River to the north boundary of T. 22 S., R. 38 E., sec. 8, Willamette Meridian, as a recreational river. ``(C) Tributaries.-- ``(i) Pine creek.-- ``(I) Upper pine creek.--The approximately 10.1-mile segment of Pine Creek from and including the headwaters to the south boundary of T. 20 S., R. 33 E., sec. 23, Willamette Meridian, as a recreational river. ``(II) Lower pine creek.--The approximately 6.5-mile segment of Pine Creek from the west boundary of E\1/2\ sec. 16, T. 20 S., R. 33 E., Willamette Meridian, to the Malheur National Forest boundary, as a wild river. ``(ii) Bluebucket creek.--The approximately 1.5-mile segment of Bluebucket Creek from the east boundary of T. 18 S., R. 34 E., sec. 34, Willamette Meridian, to the confluence with the Malheur River, as a wild river. ``(iii) Summit creek.-- ``(I) Upper summit creek.--The approximately 4-mile segment of Summit Creek from and including the headwaters to the Forest Service ownership boundary in NE\1/4\ sec. 3, T. 16 S., R. 34 E., Willamette Meridian, as a scenic river. ``(II) Lower summit creek.--The approximately 11.9-mile segment of Summit Creek from the north boundary of T. 16 S., R. 34 E., sec. 10, Willamette Meridian, to the confluence with the Malheur River, as a scenic river. ``(iv) Crooked creek.--The approximately 10-mile segment of Crooked Creek from and including the headwaters to the confluence with Lake Creek, as a scenic river. ``(v) Big creek.--The approximately 5.4- mile segment of Big Creek from the Strawberry Mountain Wilderness boundary to the south boundary of T. 16 S., R. 33 E., sec. 14, Willamette Meridian, as a scenic river. ``(vi) Snowshoe creek.--The approximately 1.1-mile segment of Snowshoe Creek from the Strawberry Mountain Wilderness boundary to the confluence with Big Creek, as a wild river. ``(vii) Bosonberg creek.--The approximately 4.4-mile segment of Bosonberg Creek from and including the headwaters to the west boundary of SE\1/4\ sec. 13, T. 16 S., R. 33 E., Willamette Meridian, as a scenic river. ``(viii) Corral basin creek.--The approximately 3.6-mile segment of Corral Basin Creek from and including the headwaters to the confluence with Big Creek, as a scenic river. ``(ix) Meadow fork big creek.--The approximately 1.5-mile segment of Meadow Fork Big Creek from the Strawberry Mountain Wilderness boundary to the confluence with Big Creek, as a scenic river. ``(x) Lake creek.--The approximately 4.4- mile segment of Lake Creek from the Strawberry Mountain Wilderness boundary to the west boundary of T. 16 S., R. 33 E., sec. 15, Willamette Meridian, as a scenic river.''. (p) Mckenzie, Oregon.--Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by striking paragraph (84) and inserting the following: ``(84) Mckenzie, oregon.--The following segments, to be administered by the Secretary of Agriculture and the Secretary of the Interior: ``(A) Mainstem, upper.--The 12.7-mile segment from Clear Lake to Scott Creek in the following classes: ``(i) The 1.8-mile segment from Clear Lake to the head of maximum pool at Carmen Reservoir, as a recreational river. ``(ii) The 4.3-mile segment from a point 100 feet downstream from Carmen Dam to the maximum pool at Trail Bridge Reservoir, as a recreational river. ``(iii) The 6.6-mile segment from the developments at the base of the Trail Bridge Reservoir Dam to Scott Creek, as a recreational river. ``(B) Mainstem, middle.-- ``(i) Paradise reach.--The approximately 5.8-mile segment of the McKenzie River from the confluence with Scott Creek to the west boundary of T. 16 S., R. 6 E., sec. 18, Willamette Meridian, as a recreational river. ``(ii) Horse creek mouth reach.--The approximately 0.8-mile segment of the McKenzie River from the east boundary of SW\1/4\ sec. 14, T. 16 S., R. 5 E., Willamette Meridian, to the confluence with Florence Creek, as a recreational river. ``(iii) Delta creek diffluence to confluence.--The approximately 5-mile segment of the McKenzie River from the south and east boundaries of N\1/2\NE\1/4\ sec. 19, T. 16 S., R. 5 E., Willamette Meridian, including the Delta Creek side channel, to the confluence with the South Fork McKenzie River, as a recreational river. ``(iv) Lower elevation headwaters reach.-- The approximately 5.5-mile segment of the McKenzie River from the north boundary of SW\1/ 4\NW\1/4\ sec. 11, T. 17 S., R. 3 E., Willamette Meridian, to the west boundary of T. 16 S., R. 3 E., sec. 31, Willamette Meridian, as a recreational river. ``(v) Non-federal land.--The Secretary of Agriculture and the Secretary of the Interior shall not include any non-Federal land within the detailed boundaries required under subsection (b) for any segment designated under this subparagraph. ``(C) South fork.-- ``(i) Upper.--The approximately 16.3-mile segment of the South Fork McKenzie River from the west boundary of T. 18 S., R. 6.5 E., sec. 34, Willamette Meridian, to Cougar Reservoir pool, as a recreational river. ``(ii) Lower.--The approximately 4.2-mile segment of the South Fork McKenzie River from the south boundary of N\1/2\ sec. 31, T. 16 S., R. 5 E., Willamette Meridian, including any associated wetlands, to the confluence with the McKenzie River, as a recreational river. ``(D) Lakes.-- ``(i) Clear lake.--Clear Lake, to be managed as a scenic river. ``(ii) Fish lake.--Fish Lake, to be managed as a scenic river. ``(E) Tributaries.-- ``(i) Anderson creek.--The approximately 7.3-mile segment of Anderson Creek from and including the headwaters to the confluence with the McKenzie River, as a scenic river. ``(ii) Bear creek.--The approximately 3.5- mile segment of Bear Creek from the east boundary of T. 16 S., R. 3 E., sec. 34, Willamette Meridian, to the south boundary of NW\1/4\ sec. 32, T. 16 S., R. 3 E., Willamette Meridian, as a wild river. ``(iii) Deer creek.--The approximately 9.6- mile segment of Deer Creek from and including the headwaters to the confluence with the McKenzie River, as a scenic river. ``(iv) Fish lake creek.--The approximately 1.5-mile segment of Fish Lake Creek from Fish Lake to Clear Lake, as a scenic river. ``(v) Gate creek.--The approximately 3-mile segment of Gate Creek from and including the headwaters to the confluence with the Smith River, as a scenic river. ``(vi) Hackleman creek.--The approximately 7.1-mile segment of Hackleman Creek from and including the headwaters to Fish Lake, as a scenic river. ``(vii) Heart lake creek.--The approximately 1.7-mile segment of Heart Lake Creek from and including the headwaters above, including any associated wetlands of Heart Lake, to the confluence with Hackleman Creek, as a wild river. ``(viii) Horse creek.-- ``(I) Upper.--The approximately 12.8-mile segment of Horse Creek from the confluence with Mosquito Creek to the confluence with Owl Creek, as a recreational river. ``(II) Lower.--The approximately .6-mile segment of Horse Creek from the east boundary of NW\1/4\ sec. 23, T. 16 S., R. 5 E., Willamette Meridian, to the confluence with the McKenzie River, as a wild river. ``(III) Forks of horse creek.-- ``(aa) West fork.--The approximately 1-mile segment of West Fork Horse Creek from the diffluence with East Fork Horse Creek to the north boundary of S\1/2\, SW\1/4\SE\1/4\ sec. 15, T. 16 S., R. 5 E., Willamette Meridian, as a wild river. ``(bb) East fork.--The approximately 1-mile segment of East Fork Horse Creek from the east boundary of NW\1/4\ sec. 23, T. 16 S., R. 5 E., Willamette Meridian, to the confluence with the McKenzie River, as a wild river. ``(ix) Ikenick creek.--The approximately 4.1-mile segment of Ikenick Creek from and including the headwaters, including any associated wetlands, to the confluence with Clear Lake, as a scenic river. ``(x) Lost creek.--The approximately 4-mile segment of Lost Creek from the source at an unnamed spring, including any associated wetlands, to the confluence with the McKenzie River, as a scenic river. ``(xi) Olallie creek.--The approximately 2.8-mile segment of Olallie Creek from and including the headwaters to the confluence with the McKenzie River, as a scenic river. ``(xii) Roaring river.--The approximately 5.7-mile segment of the Roaring River from and including the headwaters to the confluence with the South Fork McKenzie River, as a scenic river. ``(xiii) White branch creek.--The approximately 5.8-mile segment of White Branch Creek from the Three Sisters Wilderness boundary to the confluence with Lost Creek, as a scenic river. ``(F) Transfer of administrative jurisdiction.--If the Secretary of the Army determines that the Corps of Engineers land in T. 16 S., R. 5 E., secs. 19 and 30, Willamette Meridian, is unnecessary for the operation of the Cougar Dam and Reservoir, the Secretary of the Army shall transfer administrative jurisdiction over the land to the Secretary of Agriculture for inclusion in the National Forest System.''. (q) Metolius, Oregon.--Section 3(a)(85) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)(85)) is amended-- (1) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and indenting appropriately; (2) in the matter preceding clause (i) (as so redesignated), by striking ``(85)'' and all that follows through ``following classes'' and inserting the following: ``(85) Metolius, oregon.--The following segments, to be administered by the Secretary of Agriculture: ``(A) Mainstem.--The 28.6-mile segment from the south Deschutes National Forest boundary to Lake Billy Chinook in the following classes:''; (3) in clause (i) (as so redesignated), by striking ``; to be administered by the Secretary of Agriculture;'' at the end and inserting a period; (4) in clause (ii) (as so redesignated)-- (A) by striking ``the 17.1'' and inserting ``The 17.1''; and (B) by striking ``by the Secretary of Agriculture''; and (5) by adding at the end the following: ``(B) Tributaries.-- ``(i) Jack creek.--The approximately 4.7- mile segment of Jack Creek from 3 groups of springs at the head of Jack Creek to the confluence with the Metolius River, as a recreational river. ``(ii) Canyon creek.--The approximately 12- mile segment from the Mount Jefferson Wilderness boundary to the confluence with the Metolius River, as a scenic river. ``(iii) Brush creek.--The approximately 6.7-mile segment of Brush Creek from and including the headwaters to the confluence with the Metolius River, as a scenic river. ``(iv) Candle creek.--The approximately 3.9-mile segment of Candle Creek from the Mount Jefferson Wilderness boundary to the confluence with the Metolius River, as a scenic river. ``(v) Roaring creek.--The approximately 2.1-mile segment of Roaring Creek from and including the headwaters to the confluence with Canyon Creek, as a scenic river. ``(vi) Street creek.--The approximately 3- mile segment of Street Creek from and including the headwaters to the Reservoir Billy Chinook pool, as a scenic river. ``(vii) Spring creek.--The approximately 3.6-mile segment of Spring Creek from and including the headwaters to the Reservoir Billy Chinook pool, as a scenic river.''. (r) North Fork Crooked, Oregon.--Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by striking paragraph (87) and inserting the following: ``(87) North fork crooked, oregon.-- ``(A) Mainstem.--The following segments, to be administered by the Secretary of Agriculture, except as otherwise provided, in the following classes: ``(i) The 2.3-mile segment from the source near the intersection of Forest Service Roads 4230 and 4225 to Sera Spring, as a recreational river. ``(ii) The 3.7-mile segment from the west boundary of T. 14 S., R. 22 E., sec. 19, Willamette Meridian, to the bridge across from the Deep Creek Campground, as a recreational river. ``(iii) The 8-mile segment from the bridge across from the Deep Creek Campground to the Ochoco National Forest boundary, \1/2\ mile from Lame Dog Creek, as a scenic river. ``(iv) The 1.5-mile segment from the Ochoco National Forest boundary to Upper Falls, to be administered by the Secretary of the Interior as a scenic river. ``(v) The 11.1-mile segment from Upper Falls to Committee Creek, to be administered by the Secretary of the Interior as a wild river. ``(vi) The 5-mile segment from Committee Creek to 1 mile from the confluence with the Crooked River, to be administered by the Secretary of the Interior as a recreational river. ``(B) Tributaries.-- ``(i) Deep creek.--The approximately 8.5- mile segment of Deep Creek from the confluence of Jackson Creek and Happy Camp Creek to the confluence with the North Fork Crooked River, as a recreational river. ``(ii) Jackson creek.--The approximately 8.4-mile segment of Jackson Creek from and including the headwaters to the confluence with Happy Camp Creek, as a recreational river. ``(iii) Derr creek.--The approximately 3.6- mile segment of Derr Creek from and including the headwaters, including Derr Meadows, to the confluence with Jackson Creek, as a scenic river. ``(iv) Allen creek.--The approximately 6.1- mile segment of Allen Creek from and including the headwaters to the south boundary of T. 13 S., R. 21 E., sec. 35, Willamette Meridian, as a scenic river. ``(v) Little summit creek.-- ``(I) Upper.--The approximately 3.7-mile segment of Little Summit Creek from and including the headwaters to the north boundary of T. 14 S., R. 23 E., sec. 25, Willamette Meridian, as a recreational river. ``(II) Lower.--The approximately 4.4-mile segment of Little Summit Creek from the north boundary of T. 14 S., R. 23 E., sec. 26, Willamette Meridian, to the confluence with Deep Creek, as a recreational river. ``(vi) Lookout creek.-- ``(I) Upper.--The approximately 4- mile segment of Lookout Creek from and including the headwaters to the east boundary of T. 15 S., R. 20 E., sec. 2, Willamette Meridian, as a wild river. ``(II) Lower.--The approximately 3- mile segment of Lookout Creek from the east boundary of T. 15 S., R. 20 E., sec. 2, Willamette Meridian, to the confluence with the North Fork Crooked River, as a wild river. ``(vii) Brush creek.--The approximately 5.3-mile segment of Brush Creek from and including the headwaters to 0.01 mile above Forest Service Road 42, as a wild river. ``(viii) Peterson creek.-- ``(I) Upper peterson creek.--The approximately 3.6-mile segment of Peterson Creek from and including the headwaters to the north boundary of SE\1/4\NE\1/4\ sec. 28, T. 13 S., R. 22 E., Willamette Meridian, as a wild river. ``(II) Lower peterson creek.--The approximately 5-mile segment from the north boundary of SE\1/4\NW\1/4\ sec. 28, T. 13 S., R. 22 E., to the west boundary of T. 14 S., R. 22 E., sec. 7, Willamette Meridian, as a recreational river. ``(ix) Porter creek.--The approximately 4.6-mile segment of Porter Creek from and including the headwaters to the confluence with the North Fork Crooked River, as a recreational river. ``(x) Crazy creek.--The approximately 3.6- mile segment of Crazy Creek from and including the headwaters to the confluence with Deep Creek, as a recreational river.''. (s) North Fork John Day, Oregon.--Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by striking paragraph (88) and inserting the following: ``(88) North fork john day, oregon.--The following segments, to be administered by the Secretary of Agriculture and the Secretary of the Interior, except as otherwise provided, in the following classes: ``(A) Mainstem.-- ``(i) The 3.5-mile segment from and including the headwaters in the North Fork of the John Day Wilderness at T. 8 S., R. 36 E., sec. 13, Willamette Meridian, to the North Fork of the John Day Wilderness boundary, as a wild river. ``(ii) The 7.5-mile segment from the North Fork of the John Day Wilderness boundary to Trail Creek, as a recreational river. ``(iii) The 24.3-mile segment from Trail Creek to Big Creek, as a wild river. ``(iv) The 10.5-mile segment from Big Creek to Texas Bar Creek, as a scenic river. ``(v) The approximately 8.3-mile segment from Texas Bar Creek to the confluence with Camas Creek, as a recreational river. ``(vi) The approximately 18.4-mile segment from the confluence with Camas Creek to the confluence with Wrightman Canyon Creek, as a recreational river. ``(vii) The approximately 16.6-mile segment from the confluence with Wrightman Canyon Creek to the north boundary of NE\1/4\ sec. 18, T. 8 S., R. 28 E., Willamette Meridian, as a scenic river. ``(viii) The approximately 2.3-mile segment from the north boundary of NE\1/4\ sec. 18, T. 8 S., R. 28 E., Willamette Meridian, to the south boundary of NW\1/4\ sec. 20, T. 8 S., R. 28 E., Willamette Meridian, as a recreational river. ``(B) Tributaries.-- ``(i) Fox creek.--The approximately 4.5- mile segment of Fox Creek from and including the headwaters to the west boundary of T. 11 S., R. 30 E., sec. 11, Willamette Meridian, as a wild river. ``(ii) Big wall creek.--The approximately 17-mile segment of Big Wall Creek from and including the headwaters to the east boundary of NW\1/4\NW\1/4\ sec. 31, T. 7 S., R. 28 E., Willamette Meridian, as a scenic river. ``(iii) Little wall creek.--The approximately 16.6-mile segment of Little Wall Creek from and including the headwaters to the south boundary of NE\1/4\SE\1/4\ sec. 30, T. 7 S., R. 28 E., Willamette Meridian, as a scenic river. ``(iv) Skookum creek.--The approximately 12.7-mile segment of Skookum Creek from and including the headwaters to the confluence with the Little Wall Creek, as a scenic river. ``(v) Ditch creek.--The approximately 15- mile segment of Ditch Creek from and including the headwaters to the confluence with the North Fork John Day River, as a scenic river. ``(vi) Little potamus creek.--The approximately 9.1-mile segment of Little Potamus Creek from and including the headwaters to the confluence with Potamus Creek, as a scenic river. ``(vii) Potamus creek.--The approximately 19-mile segment of Potamus Creek from and including the headwaters to the confluence with the North Fork John Day River, as a scenic river. ``(viii) Fivemile creek.--The approximately 18.5-mile segment of Fivemile Creek from and including the headwaters to the west boundary of T. 5 S., R. 30 E., sec. 36, Willamette Meridian, as a scenic river. ``(ix) North fork cable creek.--The approximately 6.7-mile segment of North Fork Cable Creek from and including the headwaters to the west boundary of SE\1/4\NE\1/4\ sec. 4, T. 6 S., R. 33 E., Willamette Meridian, as a wild river. ``(x) South fork cable creek.--The approximately 8.3-mile segment of South Fork Cable Creek from and including the headwaters to the north boundary of SE\1/4\NE\1/4\ sec. 5, T. 6 S., R. 33 E., Willamette Meridian, as a wild river. ``(xi) Camas creek.--The approximately 11.1-mile segment of Camas Creek from the north boundary of SE\1/4\SE\1/4\ sec. 16, T. 5 S., R. 31 E., Willamette Meridian, to the confluence with the North Fork John Day River, as a recreational river. ``(xii) Lane creek.--The approximately 7.2- mile segment from and including the headwaters to the confluence with Camas Creek, to be administered by the Secretary of Agriculture as a scenic river. ``(xiii) Bridge creek and tributaries.-- ``(I) Bridge creek.--The approximately 9.1-mile segment of Bridge Creek from and including the headwaters to the confluence with the Camas Creek, as a wild river. ``(II) North fork bridge creek.-- The approximately 3.5-mile segment of North Fork Bridge Creek from and including the headwaters to the confluence with the Bridge Creek, as a wild river. ``(xiv) Granite creek.--The approximately 8.1-mile segment of Granite Creek from and including the headwaters to the west boundary of SE\1/4\NW\1/4\ sec. 1, T. 9 S., R. 35 E., Willamette Meridian, as a recreational river. ``(xv) Boulder creek.--The approximately 5.3-mile segment of Boulder Creek, from and including the headwaters to the confluence with Granite Creek, as a scenic river. ``(xvi) Boundary creek.--The approximately 5-mile segment of Boundary Creek from and including the headwaters to the confluence with Bull Run Creek, as a recreational river. ``(xvii) Bull run creek.--The approximately 7-mile segment of Bull Run Creek from and including the headwaters to the north boundary of T. 9 S., R. 35.5 E., sec. 14, Willamette Meridian, as a recreational river. ``(xviii) Crawfish creek.--The approximately 4.3-mile segment of Crawfish Creek from and including Crawfish Meadow to the confluence with the North Fork John Day River, as a scenic river. ``(xix) Onion creek.--The approximately 4.8-mile segment of Onion Creek from and including the headwaters to the confluence with the North Fork John Day River, as a scenic river. ``(xx) Desolation creek.-- ``(I) Mainstem.-- ``(aa) Upper.--The approximately 9.1-mile segment from the confluence of the north and south forks of Desolation Creek to the west boundary of T. 8 S., R. 33 E., sec. 6, Willamette Meridian, as a recreational river. ``(bb) Lower.--The approximately 1.9-mile segment from the south boundary of T. 7 S., R. 32 E., sec. 6, Willamette Meridian, to the confluence with the North Fork John Day River, as a scenic river. ``(II) Forks.-- ``(aa) North fork desolation creek.--The approximately 6.8-mile segment from and including the headwaters to the confluence with South Fork Desolation Creek, as a scenic river. ``(bb) South fork desolation creek.-- ``(AA) Upper.--The approximately 8.9-mile segment of South Fork Desolation Creek from and including the headwaters, including an unnamed tributary arising in McCalpine Meadow, to 0.01 mile above Forest Service Road 45, as a wild river. ``(BB) Lower.--The approximately 1-mile segment of South Fork Desolation Creek from 0.01 mile above Forest Service Road 45 to the confluence with North Fork Desolation Creek, as a scenic river. ``(xxi) Mccalpine meadow creek.--The approximately 0.5-mile segment of McCalpine Meadow Creek from the source at an unnamed spring in NW\1/4\SE\1/4\ sec. 4, T. 10 S., R. 34 E., Willamette Meridian, to the confluence with South Fork Desolation Creek in SE\1/ 4\NE\1/4\ sec. 4, T. 10 S., R. 34 E., Willamette Meridian, as a wild river.''. (t) North Fork Malheur, Oregon.--Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by striking paragraph (89) and inserting the following: ``(89) North fork malheur, oregon.--The following segments, to be administered by the Secretary of Agriculture, except as otherwise provided, in the following classes: ``(A) Mainstem.-- ``(i) Upper.--The 25.5-mile segment from and including the headwaters to the Malheur National Forest boundary, as a scenic river. ``(ii) Lower.--The approximately 5.4-mile segment from the Malheur National Forest boundary to the south boundary of NW\1/4\ sec. 11, T. 18 S., R. 36 E., Willamette Meridian, as a scenic river. ``(B) Tributaries.-- ``(i) Sheep creek.-- ``(I) Upper.--The approximately 5.1-mile segment of Sheep Creek from and including the headwaters to 0.1 mile above the confluence with the North Fork Malheur River, as a wild river. ``(II) Lower.--The approximately 0.1-mile segment of Sheep Creek from 0.1 mile above the confluence with the North Fork Malheur River to the confluence with the North Fork Malheur River, as a recreational river. ``(ii) Horseshoe creek.-- ``(I) Upper.--The approximately 2.5-mile segment of Horse Creek from and including the headwaters to 0.01 mile above Forest Service Road 13, as a wild river. ``(II) Lower.--The approximately 0.2-mile segment of Horseshoe Creek from 0.01 mile above Forest Service Road 13 to the confluence with the North Fork Malheur River, as a recreational river. ``(iii) Swamp creek.-- ``(I) Upper.--The approximately 4.5-mile segment of Swamp Creek from and including the headwaters to 0.01 mile above Forest Service Road 13, as a wild river. ``(II) Lower.--The approximately 0.2-mile segment of Swamp Creek from 0.01 mile above Forest Service Road 13 to the confluence with the North Fork Malheur River, as a recreational river. ``(iv) Flat creek.--The approximately 3.4- mile segment of Flat Creek from and including the headwaters to the confluence with the North Fork Malheur River, as a scenic river. ``(v) Elk creek.-- ``(I) Mainstem.--The approximately 1-mile segment of Elk Creek from the confluence of the North and South Forks of Elk Creek to the confluence with the North Fork Malheur River, as a recreational river. ``(II) North fork elk creek.--The approximately 4.8-mile segment of North Fork Elk Creek from and including the headwaters to the confluence with South Fork Elk Creek, as a scenic river. ``(III) South fork elk creek.--The approximately 4.1-mile segment of South Fork Elk Creek from and including the headwaters to the confluence with North Fork Elk Creek, as a wild river. ``(vi) Little crane creek.--The approximately 9.9-mile segment of Little Crane Creek from and including the headwaters to the confluence with Crane Creek, as a scenic river. ``(vii) Crane creek.--The approximately 6.9-mile segment of Crane Creek from the confluence with Buttermilk Creek to the confluence with the North Fork Malheur River, as a wild river.''. (u) North Fork of the Middle Fork of the Willamette, Oregon.-- Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by striking paragraph (90) and inserting the following: ``(90) North fork of the middle fork of the willamette, oregon.-- ``(A) Mainstem.--The 42.3-mile segment from Waldo Lake to the Willamette National Forest boundary, to be administered by the Secretary of Agriculture in the following classes: ``(i) The 8.8-mile segment from Waldo Lake to the south section line of T. 19 S., R. 5.5 E., sec. 36, as a wild river. ``(ii) The 6.5-mile segment from the south section line of T. 19 S., R. 5.5 E., sec. 36, to Fisher Creek, as a scenic river. ``(iii) The 27-mile segment from Fisher Creek to the Willamette National Forest boundary, as a recreational river. ``(B) Waldo lake.--Waldo Lake, including the associated watershed, to be administered by the Secretary of Agriculture as a scenic river.''. (v) North Fork Owyhee, Oregon.--Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by striking paragraph (91). (w) North Fork Smith, Oregon.--Section 3(a)(92) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)(92)) is amended-- (1) in subparagraph (B), by striking ``scenic'' and inserting ``wild''; (2) by redesignating subparagraphs (A) through (C) as clauses (i) through (iii), respectively, and indenting appropriately; (3) in the matter preceding clause (i) (as so redesignated), by striking ``The 13-mile'' and inserting the following: ``(A) In general.--The 13-mile''; and (4) by adding at the end the following: ``(B) Additions.--The following segments of the source tributaries of the North Fork Smith River, to be administered by the Secretary of Agriculture in the following classes: ``(i) The 13.26-mile segment of Baldface Creek from and including the headwaters, including all perennial tributaries, to the confluence with the North Fork Smith in T. 39 S., R 10 W., T. 40 S., R. 10 W., and T. 41 S., R. 11 W., Willamette Meridian, as a wild river. ``(ii) The 3.58-mile segment from and including the headwaters of Taylor Creek to the confluence with Baldface Creek, as a wild river. ``(iii) The 4.38-mile segment from and including the headwaters of the unnamed tributary to Biscuit Creek and the headwaters of Biscuit Creek to the confluence with Baldface Creek, as a wild river. ``(iv) The 2.27-mile segment from and including the headwaters of Spokane Creek to the confluence with Baldface Creek, as a wild river. ``(v) The 1.25-mile segment from and including the headwaters of Rock Creek to the confluence with Baldface Creek, flowing south from T. 40 S., R. 10 W., sec. 19, Willamette Meridian, as a wild river. ``(vi) The 1.31-mile segment from and including the headwaters of the unnamed tributary number 2 to the confluence with Baldface Creek, flowing north from T. 40 S., R. 10 W., sec. 27, Willamette Meridian, as a wild river. ``(vii) The 3.6-mile segment from the 2 headwaters of the unnamed tributary number 3 to the confluence with Baldface Creek, flowing south from T. 40 S., R. 10 W., secs. 9 and 10, Willamette Meridian, as a wild river. ``(viii) The 1.57-mile segment from and including the headwaters of the unnamed tributary number 4 to the confluence with Baldface Creek, flowing north from T. 40 S., R. 10 W., sec. 26, Willamette Meridian, as a wild river. ``(ix) The 0.92-mile segment from and including the headwaters of the unnamed tributary number 5 to the confluence with Baldface Creek, flowing north from T. 40 S., R. 10 W., sec. 13, Willamette Meridian, as a wild river. ``(x) The 4.9-mile segment from and including the headwaters of Cedar Creek to the confluence with North Fork Smith River, as a wild river. ``(xi) The 2.38-mile segment from and including the headwaters of Packsaddle Gulch to the confluence with North Fork Smith River, as a wild river. ``(xii) The 2.4-mile segment from and including the headwaters of Hardtack Creek to the confluence with North Fork Smith River, as a wild river. ``(xiii) The 2.21-mile segment from and including the headwaters of the unnamed creek to the confluence with North Fork Smith River, flowing east from T. 40 S., R. 11 W., sec. 29, Willamette Meridian, as a wild river. ``(xiv) The 3.06-mile segment from and including the headwaters of Horse Creek to the confluence with North Fork Smith River, as a wild river. ``(xv) The 2.61-mile segment of Fall Creek from the Oregon State border to the confluence with North Fork Smith River, as a wild river. ``(xvi)(I) Except as provided in subclause (II), the 4.57-mile segment from and including the headwaters of North Fork Diamond Creek to the confluence with Diamond Creek, as a wild river. ``(II) Notwithstanding subclause (I), the portion of the segment described in that subclause that starts 100 feet above Forest Service Road 4402 and ends 100 feet below Forest Service Road 4402 shall be administered as a scenic river. ``(xvii) The 1.02-mile segment from and including the headwaters of Diamond Creek to the Oregon State border in T. 40 S., R. 10 W., sec. 14, Willamette Meridian, as a wild river. ``(xviii) The 1.14-mile segment from and including the headwaters of Acorn Creek to the confluence with Horse Creek, as a wild river. ``(xix) The 8.58-mile segment from and including the headwaters of Chrome Creek to the confluence with North Fork Smith River, as a wild river. ``(xx) The 2.98-mile segment from and including the headwaters of Chrome Creek tributary number 1 to the confluence with Chrome Creek, 0.82 miles upstream from the mouth of Chrome Creek in the Kalmiopsis Wilderness, flowing south from T. 40 S., R. 11 W., sec. 15, Willamette Meridian, as a wild river. ``(xxi) The 2.19-mile segment from and including the headwaters of Chrome Creek tributary number 2 to the confluence with Chrome Creek, 3.33 miles upstream from the mouth of Chrome Creek in the Kalmiopsis Wilderness, flowing south from T. 40 S., R. 11 W., sec. 12, Willamette Meridian, as a wild river. ``(xxii) The 1.27-mile segment from and including the headwaters of Chrome Creek tributary number 3 to the confluence with Chrome Creek, 4.28 miles upstream from the mouth of Chrome Creek in the Kalmiopsis Wilderness, flowing north from T. 40 S., R. 10 W., sec. 18, Willamette Meridian, as a wild river. ``(xxiii) The 2.27-mile segment from and including the headwaters of Chrome Creek tributary number 4 to the confluence with Chrome Creek, 6.13 miles upstream from the mouth of Chrome Creek, flowing south from Chetco Peak in the Kalmiopsis Wilderness in T. 39 S., R. 11 W., sec. 36, Willamette Meridian, as a wild river. ``(xxiv) The 0.6-mile segment from and including the headwaters of Wimer Creek to the border between the States of Oregon and California, flowing south from T. 41 S., R. 10 W., sec. 17, Willamette Meridian, as a wild river.''. (x) North Fork Sprague, Oregon.--Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by striking paragraph (93) and inserting the following: ``(93) North fork sprague, oregon.--The following segments, to be administered by the Secretary of Agriculture in the following classes: ``(A) Mainstem.--The 15-mile segment from the Head of River Spring in SW\1/4\ sec. 15, T. 35 S., R. 16 E., Willamette Meridian, to the NW\1/4\SW\1/4\ sec. 11, T. 35 S., R. 15 E., Willamette Meridian, as a scenic river. ``(B) Tributaries.-- ``(i) Dead cow creek.--The approximately 4.6-mile segment of Dead Cow Creek from and including Dead Horse Lake to the confluence with the North Fork Sprague River, as a scenic river, except that the area including Dead Horse Lake shall be managed as a recreational river. ``(ii) School creek.--The approximately 4.5-mile segment of School Creek from and including the headwaters to the confluence with the North Fork Sprague River, as a scenic river.''. (y) North Powder, Oregon.--Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by striking paragraph (94) and inserting the following: ``(94) North powder, oregon.--The following segments, to be administered by the Secretary of Agriculture in the following classes: ``(A) Mainstem.--The 6-mile segment from and including the headwaters to the Wallowa-Whitman National Forest boundary at River Mile 20, as a scenic river. ``(B) Tributaries.-- ``(i) Dutch flat creek.--The approximately 6.7-mile segment of Dutch Flat Creek from and including the headwaters to the Wallowa-Whitman National Forest boundary, as a wild river. ``(ii) Van patten creek.--The approximately 1.6-mile segment of Van Patten Creek from 0.01 mile below Van Patten Lake to the confluence with Dutch Flat Creek, as a wild river. ``(iii) Rock creek.--The approximately 7.3- mile segment of Rock Creek from and including the headwaters, and including Rock Lake and Bucket Lake, to the north boundary of SE\1/ 4\NE\1/4\ sec. 7, T. 8 S., R. 38 E., Willamette Meridian, as a wild river. ``(iv) North fork rock creek.--The approximately 3.3-mile segment of North Fork Rock Creek from and including the headwaters (including Mayflower Meadow) to the confluence with Rock Creek, as a wild river. ``(v) Killamacue creek.--The approximately 4-mile segment of Killamacue Creek from and including the headwaters (including Killamacue Lake) to the confluence with Rock Creek, as a wild river. ``(vi) North fork north powder river.--The approximately 2.5-mile segment of the North Fork of the North Powder River, from and including the headwaters (including Lost Lake) to the confluence with the North Powder River, as a wild river.''. (z) North Umpqua, Oregon.--Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by striking paragraph (95) and inserting the following; ``(95) North umpqua, oregon.--The following segments, to be administered by the Secretary of Agriculture, except as otherwise provided, in the following classes: ``(A) Mainstem.-- ``(i) Upper middle mainstem.--The 25.4-mile segment from the Soda Springs Powerhouse to the Umpqua National Forest boundary, as a recreational river. ``(ii) Lower middle mainstem.--The 9.3-mile segment from the Umpqua National Forest boundary to the west boundary of E\1/2\NE\1/4\ sec. 11, T. 26 S., R. 3 W., Willamette Meridian, to be administered by the Secretary of the Interior as a recreational river. ``(iii) Uppermost mainstem.-- ``(I) Upper.--The approximately 2.6-mile segment of North Umpqua River from the confluence with Tolo Creek to 0.01 miles above Forest Service Road 60, as a wild river. ``(II) Lower.--The approximately 4- mile segment of the North Umpqua River from 0.01 mile above Forest Service Road 60, including any associated wetlands in the Kelsay Valley and Crystal Springs to the Lemolo Reservoir Pool, as a scenic river. ``(iv) Middle upper mainstem.--The approximately 15.6-mile segment of the North Umpqua River from the confluence with White Mule Creek to Toketee Reservoir pool, as a scenic river. ``(v) Lower upper mainstem.--The approximately 1.5-mile segment from 0.01 mile below Forest Service Road 34 bridge to Powerline crossing in SE\1/4\ sec. 27, T. 26 S., R. 3 E., Willamette Meridian, as a scenic river. ``(B) Upper north umpqua tributaries.-- ``(i) Spring river.--The approximately 1.1- mile segment of Spring River from the source at 2 springs to the confluence with the North Umpqua River, including any associated wetlands, as a wild river. ``(ii) Thirsty creek.--The approximately 6.2-mile segment of Thirsty Creek from and including the headwaters until the point at which Thirsty Creek goes underground, to be administered as a wild river. ``(C) Fish creek watershed.-- ``(i) Fish creek.-- ``(I) Upper.--The approximately 9.9-mile segment of Fish Creek from Rogue-Umpqua Divide Wilderness boundary to Fish Creek Diversion Dam pool, as a scenic river. ``(II) Lower.--The approximately 6.8-mile segment of Fish Creek from 100 feet below the Fish Creek Diversion Dam to the confluence with the North Umpqua River, as a recreational river. ``(ii) Pine creek.--The approximately 2.5- mile segment of Pine Creek from and including the headwaters to the confluence with Fish Creek, as a scenic river. ``(iii) Grave creek.--The approximately 4- mile segment of Grave Creek from and including the headwaters to the confluence with Fish Creek, as a scenic river. ``(D) Main steamboat creek watershed.-- ``(i) Steamboat creek.--The approximately 23.9-mile segment of Steamboat Creek from and including the headwaters to the confluence with the North Umpqua River, as a recreational river. ``(ii) East fork steamboat creek.--The approximately 3-mile segment of East Fork Steamboat Creek from and including the headwaters to the confluence with Steamboat Creek, as a scenic river. ``(iii) Horse heaven creek.--The approximately 4.5-mile segment of Horse Heaven Creek from the Forest Service boundary above Hobart Creek to the confluence with Steamboat Creek, as a scenic river. ``(iv) City creek.--The approximately 7.1- mile segment of City Creek from and including the headwaters to the confluence with Steamboat Creek, as a scenic river. ``(v) St. peter creek.--The approximately 2.6-mile segment of St. Peter Creek from and including the headwaters to the confluence with City Creek, as a scenic river. ``(vi) Annie creek.--The approximately 1- mile segment of Annie Creek from the Forest Service boundary below Grouse Mountain Falls to the confluence with City Creek, as a scenic river. ``(vii) Big bend creek.--The approximately 10.6-mile segment of Big Bend Creek from and including the headwaters to the confluence with Steamboat Creek, as a scenic river. ``(viii) Bulldog creek.--The approximately 4.9-mile segment of Big Bulldog Creek from and including the headwaters to the confluence with Big Bend Creek, as a scenic river. ``(E) Canton creek subwatershed of steamboat creek watershed.-- ``(i) Canton creek.-- ``(I) Upper.--The approximately 5- mile segment of Canton Creek from and including the headwaters to the Umpqua National Forest boundary, as a scenic river. ``(II) Lower.--The approximately 12-mile segment of Canton Creek from the Umpqua National Forest boundary to the confluence with Steamboat Creek, to be administered by the Secretary of the Interior as a recreational river. ``(ii) Mckinley creek.--The approximately 2.7-mile segment of McKinley Creek from and including the headwaters to the confluence with Canton Creek, as a scenic river. ``(iii) No man creek.--The approximately 2.6-mile segment of No Man Creek from and including the headwaters to the confluence with Canton Creek, as a scenic river. ``(iv) Chilcoot creek.-- ``(I) Mainstem.--The approximately 1.3-mile segment of Chilcoot Creek from the confluence of the North Fork Chilcoot Creek and South Fork Chilcoot Creek to the confluence with Canton Creek, to be administered by the Secretary of Agriculture and the Secretary of the Interior as a scenic river. ``(II) Forks.-- ``(aa) North fork chilcoot creek.--The approximately 3.2- mile segment of North Fork Chilcoot Creek from and including the headwaters to the confluence with South Fork Chilcoot Creek, as a wild river. ``(bb) South fork chilcoot creek.--The approximately 2.2- mile segment of North Fork Chilcoot Creek from and including the headwaters to the confluence with North Fork Chilcoot Creek, as a wild river. ``(v) Hipower creek.--The approximately 6.4-mile segment of Hipower Creek from and including the headwaters to the confluence with Canton Creek (including the unnamed tributary from and including the headwaters north of Hipower Bluffs in T. 25 S., R. 1 E., sec. 17, Willamette Meridian, to the confluence with Hipower Creek), to be administered by the Secretary of Agriculture and the Secretary of the Interior as a scenic river. ``(F) North umpqua canyon tributaries.-- ``(i) Dog creek.--The approximately 3-mile segment of Dog Creek from and including the headwaters to the confluence with the North Umpqua River, as a scenic river. ``(ii) Dry creek.--The approximately 3.6- mile segment of Dry Creek from and including the headwaters to the confluence with the North Umpqua River, as a scenic river. ``(iii) Jack creek.--The approximately 2.5- mile segment of Jack Creek from and including the headwaters to the confluence with the North Umpqua River, as a scenic river. ``(iv) Cougar creek.--The approximately 7.2-mile segment of Cougar Creek from and including the headwaters to the confluence with the North Umpqua River, as a scenic river. ``(v) Wright creek.--The approximately 3.4- mile segment of Wright Creek from and including the headwaters to the confluence with the North Umpqua River, as a scenic river. ``(vi) Fairview creek.--The approximately 3.5-mile segment of Fairview Creek from and including the headwaters to the confluence with the North Umpqua River, as a scenic river. ``(vii) Williams creek.--The approximately 3-mile segment of Williams Creek from and including the headwaters to the confluence with the North Umpqua River, as a scenic river. ``(viii) Calf creek.--The approximately 8.6-mile segment of Calf Creek from and including the headwaters to the confluence with the North Umpqua River, as a scenic river. ``(ix) Twin lakes creek.--The approximately 2.5-mile segment of Twin Lakes Creek from the source and including Twin Lakes to the confluence with Calf Creek, as a wild river. ``(x) Copeland creek.-- ``(I) Upper mainstem.--The approximately 3.1-mile segment of Copeland Creek from and including the headwaters to the west boundary of T. 27 S., R. 2 E., sec. 22, Willamette Meridian, as a scenic river. ``(II) Lower mainstem.--The approximately 9-mile segment of Copeland Creek from the west boundary of T. 27 S., R. 2 E., sec. 22, Willamette Meridian, to the confluence with the North Umpqua River, as a recreational river. ``(III) Forks.-- ``(aa) West fork copeland creek.--The approximately 2.3- mile segment of West Copeland Creek from and including the headwaters to the confluence with Copeland Creek, as a scenic river. ``(bb) East fork copeland creek.--The approximately 3.6- mile segment of East Copeland Creek from and including the headwaters to the confluence with Copeland Creek, as a scenic river.''. (aa) Quartzville Creek, Oregon.--Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by striking paragraph (97) and inserting the following: ``(97) Quartzville creek, oregon.-- ``(A) Mainstem.--The approximately 24-mile segment from and including the headwaters in the Willamette National Forest to slack water in Green Peter Reservoir, to be administered by the Secretary of the Interior and the Secretary of Agriculture as a recreational river. ``(B) Tributaries.--The approximately 4-mile segment of Yellowstone Creek from and including the headwaters to the confluence with Quartzville Creek, to be administered by the Secretary of the Interior as a scenic river.''. (bb) Sandy, Oregon.--Section 3(a)(100) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)(100)) is amended-- (1) by redesignating subparagraphs (A) through (C) as clauses (i) through (iii), respectively, and indenting appropriately; (2) by striking the paragraph designation and heading and all that follows through ``as follows:'' and inserting the following: ``(100) Sandy, oregon.--The following segments, to be administered in the following classes: ``(A) Mainstem.--''; (3) in subparagraph (A) (as so designated)-- (A) in clause (i) (as so redesignated), by striking the semicolon at the end and inserting a period; (B) in clause (ii) (as so redesignated)-- (i) by striking ``the 7.9'' and inserting ``The 7.9''; and (ii) by striking ``; and'' and inserting a period; (C) in clause (iii) (as so redesignated), by striking ``the 12.5-mile'' and inserting ``The 12.5 mile''; and (D) by adding at the end the following: ``(iv) The 1.1-mile segment from the confluence with the Salmon River to the west boundary of Barlow Wayside Park, to be administered by the Secretary of the Interior as a recreational river. ``(v) The 2.3-mile segment from the north boundary of SW\1/4\SE\1/4\ sec. 21, T. 2 S., R. 6 E., Willamette Meridian to the west boundary of NE\1/4\, sec. 19, T. 2 S., R. 6 E., Willamette Meridian, to be administered by the Secretary of the Interior as a recreational river. ``(vi) The 6.8-mile segment from the south boundary of T. 2 S., R. 5 E., sec. 13, Willamette Meridian, to the west boundaries of T. 2 S., R. 5 E., secs. 8 and 17, Willamette Meridian, to be administered by the Secretary of the Interior as a recreational river.''; and (4) by adding at the end the following: ``(B) Tributaries.-- ``(i) Lost creek.--The approximately 9-mile segment from and including the headwaters to the confluence with the Sandy River, to be administered by the Secretary of Agriculture as a scenic river. ``(ii) Clear fork sandy river.--The approximately 5.2-mile segment from and including the headwaters to the confluence with the Sandy River, to be administered by the Secretary of Agriculture as a scenic river. ``(iii) North boulder creek.--The approximately 3.5-mile segment from and including the headwaters to the west boundary of T. 2 S., R. 7 E., sec. 18, Willamette Meridian, to be administered by the Secretary of the Interior and the Secretary of Agriculture as a scenic river. ``(iv) Little sandy river.--The approximately 2.2-mile segment of the Little Sandy River from the west boundary of T. 2 S., R. 5 S., sec. 11, Willamette Meridian, to the Bull Run Management Unit boundary, as a scenic river.''. (cc) South Fork John Day, Oregon.--Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by striking paragraph (101) and inserting the following: ``(101) South fork john day, oregon.--The following segments, to be administered by the Secretary of Agriculture, except as otherwise provided, in the following classes: ``(A) Mainstem.--The approximately 54-mile segment from and including the headwaters in the Malheur National Forest to Smokey Creek, to be administered by the Secretary of the Interior and the Secretary of Agriculture as a recreational river. ``(B) Tributaries.-- ``(i) Murderers creek.-- ``(I) Upper.--The approximately 2- mile segment of Murderers Creek from and including the headwaters to 0.01 mile above Forest Service Road 21, as a scenic river. ``(II) Middle.-- ``(aa) In general.--The approximately 11.2-mile segment of Murderers Creek from 0.01 mile above Forest Service Road 21 to the east boundary of SW\1/4\SW\1/4\ sec. 10., T. 15 S., R. 28 E., Willamette Meridian, as a recreational river. ``(bb) Detailed boundaries.--Non-Federal land located in a segment designated by item (aa) shall not be included in the detailed boundaries of the segment required under subsection (b). ``(III) Lower.--The approximately 4.5-mile segment of Murderers Creek from the east boundary of SW\1/4\SW\1/ 4\ sec. 10, T. 15 S., R. 28 E., Willamette Meridian, to the confluence with South Fork Murderers Creek, as a wild river. ``(IV) South fork.--The approximately 10-mile segment of South Fork Murderers Creek from and including the headwaters to the confluence with Murderers Creek, as a scenic river. ``(V) Thorn creek.--The approximately 7.2-mile segment of Thorn Creek from and including the headwaters to the west boundary of T. 15 S., R. 27 E., sec. 1, Willamette Meridian, as a wild river. ``(VI) Tex creek.--The approximately 7.4-mile segment of Tex Creek from and including the headwaters to the confluence with Murderers Creek, as a recreational river. ``(ii) Deer creek.--The approximately 12.5- mile segment of Deer Creek from and including the headwaters to the confluence with the South Fork John Day River, as a recreational river.''. (dd) Whychus Creek, Oregon.--Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by striking paragraph (102) and inserting the following: ``(102) Whychus creek, oregon.--The following segments to be administered by the Secretary of Agriculture, except as otherwise provided, in the following classes: ``(A) Designations.--Several segments, comprising 70.9 miles, from the source to the hydrologic Gaging Station 800 feet upstream from the intake of the Plainview Ditch (including the Soap Creek, the North and South Forks of Whychus Creek, the East and West Forks of Park Creek, and Park Creek) as follows: ``(i) The 6.6-mile segment and several tributaries from the source to the Three Sisters Wilderness boundary, as a wild river. ``(ii) The 8.8-mile segment from the boundary of the Three Sisters Wilderness Area to the hydrologic Gaging Station 800 feet upstream from the intake of the Plainview Ditch, as a scenic river. ``(iii) The approximately 5.9-mile segment of Snow Creek from 100 feet below the Snow Creek irrigation ditch diversion to the confluence with Whychus Creek, as a scenic river. ``(iv) The approximately 7.6-mile segment of Whychus Creek from the Crooked River National Grassland boundary to the confluence with the Deschutes River, to be administered by the Secretary of the Interior as a wild river, except that the segment 0.01 mile above to 0.01 mile below the centerline of Forest Service Road PU-3121 shall be managed as a scenic river. ``(B) Withdrawal.--Subject to valid existing rights, the Federal land within the boundaries of the river segments designated by subparagraph (A) is withdrawn from all forms of-- ``(i) entry, appropriation, or disposal under the public land laws; ``(ii) location, entry, and patent under the mining laws; and ``(iii) disposition under all laws relating to mineral and geothermal leasing or mineral materials. ``(C) Effect.--Nothing in this paragraph prohibits the construction of facilities necessary for emergency protection for the town of Sisters, Oregon, relating to a rapid discharge of Carver Lake if no other reasonable flood warning or control alternative exists.''. (ee) Upper Rogue, Oregon.--Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by striking paragraph (104) and inserting the following: ``(104) Upper rogue, oregon.--The following segments, to be administered by the Secretary of Agriculture: ``(A) Mainstem.--The 40.3-mile segment from the Crater Lake National Park boundary to the Rogue River National Forest boundary in the following classes: ``(i) The 0.5-mile segment from the Crater Lake National Park boundary to approximately 0.1-mile downstream from the forest road 6530760 (West Lake Road) crossing, as a scenic river. ``(ii) The 6.1-mile segment from approximately 0.1 mile downstream from the forest road 6530760 (West Lake Road) crossing to Minnehaha Creek, as a wild river. ``(iii) The 33.7-mile segment from Minnehaha Creek to the Rogue River National Forest boundary, as a scenic river. ``(B) Forks.-- ``(i) Middle fork.--The approximately 6.7- mile segment of the Middle Fork Rogue River from the Sky Lakes Wilderness boundary to the Rogue River-Siskiyou National Forest boundary, as a scenic river. ``(ii) South fork.-- ``(I) Upper.--The approximately 12.4-mile segment of the South Fork Rogue River from the Sky Lakes Wilderness boundary to South Fork Reservoir Pool, as a scenic river. ``(II) Middle.--The approximately 0.7-mile segment of the South Fork Rogue River from 0.01 mile below South Fork Dam to the Rogue River-Siskiyou National Forest boundary, as a recreational river. ``(C) Tributaries.-- ``(i) Bybee creek.--The approximately 9.7- mile segment from the Crater Lake National Park boundary to the confluence with the Rogue River, as a scenic river. ``(ii) Castle creek.--The approximately 8.7-mile segment of Castle Creek from the Crater Lake National Park boundary to the confluence with the Rogue River, as a scenic river. ``(iii) Muir creek.-- ``(I) Mainstem.--The approximately 2.6-mile segment of Muir Creek and any associated wetlands from the confluence of West Fork Muir Creek and East Fork Muir Creek to the confluence with the Rogue Rover, as a scenic river. ``(II) West fork.--The approximately 1.9-mile segment of West Fork Muir Creek from the Rogue-Umpqua Divide Wilderness boundary to the confluence with East Fork Muir Creek, as a scenic river. ``(III) East fork.--The approximately 7-mile segment of East Fork Muir Creek from the source, including Beaver Meadows, to the confluence with West Fork Muir Creek, as a scenic river. ``(iv) Red blanket creek.--The approximately 8.7-mile segment of Red Blanket Creek from the Sky Lakes Wilderness boundary to the Rogue River-Siskiyou National Forest boundary, as a scenic river. ``(v) Union creek.--The approximately 15.3- mile segment of Union Creek from and including the headwaters to the confluence with the Rogue River, as a scenic river. ``(vi) Sherwood creek.--The approximately 3.6-mile segment of Sherwood Creek from the source at and including Three Lakes to the confluence with East Fork Muir Creek, as a scenic river. ``(vii) Foster creek.--The approximately 8.3-mile segment of Foster Creek from and including the headwaters to the confluence with the Rogue River, to be administered as a scenic river. ``(viii) Hershberger creek.--The approximately 4.4-mile segment of Hershberger Creek from and including the headwaters to the confluence with Foster Creek, to be administered as a scenic river. ``(ix) Minnehaha creek.--The approximately 5-mile segment of Minnehaha Creek from and including the headwaters to the confluence with the Rogue River, to be administered as a scenic river.''. (ff) West Little Owyhee, Oregon.--Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by striking paragraph (106). (gg) White, Oregon.--Section 3(a)(107) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)(107)) is amended-- (1) by redesignating subparagraphs (A) through (F) as clauses (i) through (vi), respectively, and indenting appropriately; (2) in the matter preceding clause (i) (as so redesignated), by striking ``The 46.5-mile'' and inserting the following: ``(A) In general.--The 46.5-mile''; (3) in each of clauses (ii), (iii), and (iv) (as so redesignated), by striking the semicolon at the end and inserting a period; (4) in clause (ii) (as so redesignated), by striking ``the 13.6'' and inserting ``The 13.6''; (5) in clause (iii) (as so redesignated), by striking ``the 6.5'' and inserting ``The 6.5''; (6) in clause (iv) (as so redesignated), by striking ``the 17.5'' and inserting ``The 17.5''; (7) by striking clauses (v) and (vi) (as so redesignated) and inserting the following: ``(v) The 6.9-mile segment from Three Mile Creek to the confluence with the Deschutes River, to be administered by the Secretary of the Interior as a recreational river. ``(vi) Notwithstanding subsection (b), the lateral boundaries of the segment designated by this subparagraph shall include an average of 640 acres per mile measured from the ordinary high water mark on both sides of the river segment.''; and (8) by adding at the end the following: ``(B) Boulder creek.--In addition to the segments described in subparagraph (A), there are designated the following segments of Boulder Creek, to be administered by the Secretary of Agriculture, in the following classes: ``(i) Upper.--The approximately 8.2-mile segment of Boulder Creek from and including the headwaters to the pool of the diversion dam in T. 4 S., R. 10 E., sec. 27, Willamette Meridian, as a scenic river. ``(ii) Lower.--The approximately 3.2-mile segment of Boulder Creek from the pool of the diversion dam in T. 4 S., R. 10 E., sec. 27, Willamette Meridian, to the confluence with the White River, as a scenic river.''. (hh) South Fork Clackamas River, Oregon.--Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by striking paragraph (171). (ii) Middle Fork Hood, Oregon.--Section 3(a)(173) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)(173)) is amended-- (1) by striking ``The 3.7-mile'' and inserting the following: ``(A) In general.--The 3.7-mile''; and (2) by adding at the end the following: ``(B) Additions.--In addition to the segment described in subparagraph (A), there are designated the following segments, to be administered by the Secretary of Agriculture, in the following classes: ``(i) Coe branch.--The approximately 5.8- mile segment of the Coe branch from and including the headwaters to the confluence with the Middle Fork Hood River, as a wild river. ``(ii) Elliott branch.--The approximately 5.8-mile segment of the Elliott branch from and including the headwaters to the confluence with the Middle Fork Hood River, as a wild river.''. (jj) Zigzag.--Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by striking paragraph (175) and inserting the following: ``(175) Zigzag river, oregon.--The following segments in the State of Oregon, to be administered by the Secretary of Agriculture in the following classes: ``(A) The 4.3-mile segment of the Zigzag River from the headwaters to the Mount Hood Wilderness boundary, as a wild river. ``(B) The approximately 2.2-mile segment of the Zigzag River from the east boundary of T. 3 S., R. 8 E., sec. 15, Willamette Meridian, to the confluence with Lady Creek, as a recreational river''. (kk) East Fork Hood, Oregon.--Section 3(a)(177) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)(177)) is amended-- (1) by striking ``The 13.5-mile'' and inserting the following: ``(A) In general.--The 13.5-mile''; and (2) by adding at the end the following: ``(B) Additions.--In addition to the segment described in subparagraph (A), there are designated the following segments, to be administered by the Secretary of Agriculture, in the following classes: ``(i) Dog river.--The approximately 4.6- mile segment from 0.1 miles below the diversion in T. 2 S., R. 10 E., sec. 11, Willamette Meridian, to the point at which the segment first leaves Forest Service ownership, as a scenic river. ``(ii) Cold spring creek.--The approximately 6.1-mile segment of Cold Springs Creek from and including the headwaters to the confluence with the East Fork Hood River, as a wild river.''. (ll) Molalla, Oregon.--Section 3(a)(216) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)(216)) is amended by striking subparagraph (A) and inserting the following: ``(A) In general.--The following segments in the State of Oregon, to be administered by the Secretary of the Interior: ``(i) Middle molalla river.--The approximately 15.1-mile segment from the southern boundary of T. 7 S., R. 4 E., sec. 19, Willamette Meridian, downstream to the edge of the Bureau of Land Management boundary in T. 6 S., R. 3 E., sec. 7, Willamette Meridian, as a recreational river. ``(ii) Uppermost molalla river.--The approximately 2.4-mile segment of the Molalla River from and including the headwaters to the west boundary of T. 7 S., R. 4 E., sec. 35, Willamette Meridian, as a scenic river. ``(iii) Table rock fork molalla river.--The approximately 6.2-mile segment from the easternmost Bureau of Land Management boundary line in NE\1/4\ sec. 4, T. 7 S., R. 4 E., Willamette Meridian, downstream to the confluence with the Molalla River, as a recreational river.''. (mm) Nestucca, Oregon.--Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by striking paragraph (217) and inserting the following: ``(217) Nestucca, oregon.--The following segments, to be administered by the Secretary of Agriculture, except as otherwise provided, in the following classes: ``(A) Mainstem.--The approximately 24-mile segment from the confluence with Walker Creek downstream to the west boundary of E\1/2\SE\1/4\ sec. 32, T. 3 S., R. 8 W., Willamette Meridian, to be administered as a recreational river. ``(B) Tributaries.-- ``(i) Elk creek.--The approximately 6.3- mile segment of Elk Creek from and including the headwaters to the confluence with the Nestucca River, to be administered by the Secretary of the Interior as a recreational river. ``(ii) Alder creek.--The approximately 3.9- mile segment of Alder Creek from and including the headwaters to the north boundary of T. 3 S., R. 9 W., sec. 36, Willamette Meridian, as a scenic river. ``(iii) Beulah creek.--The approximately 3.4-mile segment of Beulah Creek from and including the headwaters to the confluence with Niagara Creek, as a scenic river. ``(iv) Boulder creek.--The approximately 2.7-mile segment of Boulder Creek from and including the headwaters to the north boundary of S\1/2\SW\1/4\sec. 2, T. 4 S., R. 9 W., Willamette Meridian, as a scenic river. ``(v) Dahl fork powder creek.--The approximately 2.4-mile segment of Dahl Fork Powder Creek from and including the headwaters to the confluence with Powder Creek, as a scenic river. ``(vi) George creek.--The approximately 1.5-mile segment of George Creek from and including the headwaters to the west boundary of T. 4 S., R. 9 W., sec. 7, Willamette Meridian, as a scenic river. ``(vii) Left branch powder creek.--The approximately 3-mile segment of Left Branch Powder Creek from and including the headwaters to the north boundary of S\1/2\NW\1/4\ sec. 9, T. 4 S., R. 8 W., Willamette Meridian, as a scenic river. ``(viii) Limestone creek.--The approximately 3.1-mile segment of Boulder Creek from and including the headwaters to the east boundary of T. 3 S., R. 8 W., sec. 31, Willamette Meridian, as a scenic river. ``(ix) Mina creek.--The approximately 2- mile segment of Mina Creek from and including the headwaters to the confluence with the Nestucca River, as a scenic river. ``(x) Niagara creek.--The approximately 7- mile segment of Niagara Creek from and including the headwaters to the confluence with the Nestucca River, as a scenic river. ``(xi) Pheasant creek.--The approximately 3-mile segment of Pheasant Creek from and including the headwaters to the confluence with Niagara Creek, as a scenic river. ``(xii) Powder creek.--The approximately 3.6-mile segment of Powder Creek from and including the headwaters to the east boundary of NW\1/4\NW\1/4\ sec. 9, T. 4 S., R. 8 W., Willamette Meridian, as a scenic river. ``(xiii) Shueble creek.--The approximately 0.9-mile segment of Shueble Creek from and including the headwaters to the north boundary of SW\1/4\NE\1/4\ sec. 9, T. 4 S., R. 8 W., Willamette Meridian, as a scenic river. ``(xiv) Tony creek.--The approximately 2.3- mile segment of Tony Creek from and including the headwaters to the north boundary of S\1/ 2\SW\1/4\ sec. 34, T. 3 S., R. 9 W., Willamette Meridian, as a scenic river. ``(xv) East beaver creek.--The approximately 8.1-mile segment of East Beaver Creek from and including the headwaters to the south boundary of NW\1/4\NW\1/4\ sec. 15, T. 3 S., R. 9 W., Willamette Meridian, to be administered by the Secretary of Agriculture and the Secretary of the Interior as a recreational river.''. (nn) Walker Creek and North Fork Silver Creek, Oregon.--Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by striking paragraphs (218) and (219). (oo) Jenny Creek, Oregon and California.--Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by striking paragraph (220) and inserting the following: ``(220) Jenny creek, oregon and california.--The following segments, to be administered by the Secretary of the Interior in the following classes: ``(A) Mainstems.-- ``(i) Mainstem headwaters.--The approximately 26.1-mile segment originating from the 3 headwaters as follows: ``(I) Central mainstem.--The approximately 1.4-mile segment originating in SW\1/4\ sec. 26, T. 38 S., R. 4 E., Willamette Meridian, above the Pacific Crest National Scenic Trail. ``(II) West mainstem.--The approximately 2.2-mile segment originating in NE\1/4\ sec. 27, T. 39 S., R. 4 E., Willamette Meridian, above the Pacific Crest National Scenic Trail. ``(III) East mainstem.--The approximately 1.7-mile segment originating in SW\1/4\ sec. 35, T. 38 S., R. 4 E., Willamette Meridian, downstream to the Iron Gate Reservoir pool, to be administered by the Secretary of the Interior as a scenic river, except that, on the removal of Iron Gate Dam, the lower terminus shall extend to the confluence with the Klamath River. ``(ii) Alternative mainstem of jenny creek.--The approximately 0.7-mile segment known as `Jenny Creek' from the confluence of Soda Creek and Grizzly Creek to the confluence with Jenny Creek that flows southward into NW\1/4\ sec. 10, T. 39 S., R. 4 E., Willamette Meridian. ``(B) Tributaries.-- ``(i) Grizzly creek.--The approximately 2.1-mile segment of Grizzly Creek from the west boundary of SE\1/4\SE\1/4\ sec. 32, T. 38 S., R. 4 E., Willamette Meridian, to the confluence with Soda Creek, as a recreational river. ``(ii) Soda creek.--The approximately 3.8- mile segment of Soda Creek from and including the headwaters and including the unnamed fork that includes Dogwood Spring to the confluence with Grizzly Creek, as a recreational river. ``(iii) Skookum creek.-- ``(I) Upper.--The approximately 6- mile segment of Skookum Creek from and including the headwaters to the border between the States of Oregon and California, as a recreational river. ``(II) Lower.--The approximately 1- mile segment of Skookum Creek from the border of the States of Oregon and California to the confluence with Jenny Creek, as a wild river. ``(iv) Hartwell draw.--The approximately 0.8-mile segment of Hartwell Draw from the Soda Mountain Wilderness boundary to the confluence with Skookum Creek, as a scenic river. ``(v) Keene creek.-- ``(I) Upper.--The approximately 0.9-mile segment of Keene Creek from ithe headwaters to Hyatt Reservoir pool, as a recreational river. ``(II) Lower.--The approximately 6.5-mile segment of Keene Creek from the north boundary of S\1/2\ sec. 4, T. 40 S., R. 3 E., Willamette Meridian, to the confluence with Jenny Creek, as a recreational river. ``(III) Parsnip lakes area.--The Parsnip Lakes Area, including all lakes, marshes, and connector streams in T. 40 S., R. 3 E., sec. 10, Willamette Meridian, to the confluence with Keene Creek, as a wild river. ``(vi) South fork keene creek.--The approximately 3.6-mile segment of South Fork Keene Creek from and including the headwaters to the confluence with Keene Creek, as a scenic river. ``(vii) Devils gulch.--The approximately 2.2-mile segment of Devils Gulch from and including the headwaters to the confluence with South Fork Keene Creek, as a recreational river. ``(viii) Cottonwood creek.--The approximately 2.8-mile segment of Cottonwood Creek from and including the headwaters (including Cottonwood Glades) to the confluence with Keene Creek, as a recreational river. ``(ix) Burnt creek.--The approximately 2.6- mile segment of Burnt Creek from and including the headwaters to the confluence with Keene Creek, as a recreational river. ``(x) Mill creek.--The approximately 4.2- mile segment of Mill Creek from and including the headwaters to the confluence with Keene Creek, as a recreational river. ``(xi) Lincoln creek.--The approximately 2.6-mile segment of Lincoln Creek from and including the headwaters to the confluence with Keene Creek, as a recreational river. ``(xii) West fork lincoln creek.--The approximately 4.3-mile segment of West Fork Lincoln Creek from and including the headwaters in T. 40 S., R. 3 E., sec. 23, Willamette Meridian, to the confluence with Lincoln Creek, as a recreational river. ``(xiii) Beaver creek.--The approximately 5.9-mile segment of Beaver Creek from and including the headwaters to the confluence with Jenny Creek, as a recreational river. ``(xiv) South fork beaver creek.--The approximately 2.8-mile segment of South Fork Beaver Creek from and including the headwaters to the confluence with Beaver Creek, as a recreational river. ``(xv) Hoxie creek.--The approximately 2.9- mile segment of Hoxie Creek from the eastern boundary of T. 38 S., R. 4 E., sec. 17, Willamette Meridian, to Howard Prairie Reservoir pool, as a recreational river. ``(xvi) Green creek.--The approximately 2.5-mile segment of Green Creek from and including the headwaters, including Big Springs, to the south boundary of T. 38 S., R. 4 E., sec. 35, Willamette Meridian, as a recreational river. ``(xvii) Unnamed tributary to johnson creek.--The 0.6-mile segment of an unnamed tributary to Johnson Creek from the east boundary of T. 39 S., R. 4 E., sec. 23, Willamette Meridian, to the confluence with Johnson Creek, as a wild river. ``(xviii) Bluejay creek.--The approximately 1-mile segment of Bluejay Creek from Bluejay Spring to the confluence with Jenny Creek, as a recreational river. ``(xix) Johnson creek.-- ``(I) Upper.--The approximately 3.2-mile segment of Johnson Creek from the source at an unnamed spring by Surveyor Mountain Campground and an unnamed spring in NE\1/4\NW\1/4\ sec. 27, T. 38 S., R. 5 E., Willamette Meridian, to the south boundary of T. 38 S., R. 5 E., sec. 29, Willamette Meridian, as a scenic river. ``(II) Lower.--The approximately 1.2-mile segment of Johnson Creek from the east boundary of T. 39 S., R. 4 E., sec. 23, Willamette Meridian, to the confluence with Jenny Creek, as a wild river. ``(xx) West fork johnson creek.--The approximately 7.7-mile segment of West Fork Johnson Creek from and including the headwaters and including all streams in T. 38 S., R. 4 E., sec. 25, Willamette Meridian, and T. 38 S., R. 5 E., secs. 20, 29, 30, 31, and 32, Willamette Meridian, to the south boundary of T. 38 S., R. 5 E., secs. 29 and 31, Willamette Meridian, as a recreational river. ``(xxi) East fork johnson creek.--The approximately 1.2-mile segment of East Fork Johnson Creek from and including the headwaters, including an unnamed spring in NE\1/4\NE\1/4\ sec. 28, T. 38 S., R. 5 E., Willamette Meridian, to the south boundary of T. 38 S., R. 5 E., sec. 29, Willamette Meridian, as a recreational river. ``(xxii) Cold creek.--The approximately 2- mile segment of Cold Creek from and including the headwaters to the west boundary of T. 39 S., R. 5 E., sec. 3, Willamette Meridian, as a scenic river. ``(xxiii) Sheepy creek.--The approximately 3.5-mile segment of Sheepy Creek that includes all stream reaches on public land in T. 39 S., R. 5 E., secs. 11 and 13, Willamette Meridian and T. 39 S., R. 6 E., sec. 7, Willamette Meridian, as a recreational river. ``(xxiv) East fork beaver creek.--The approximately 1.2-mile segment from 0.1 mile below the irrigation canal in T. 39 S., R. 3 E., sec. 29, Willamette Meridian, as a recreational river. ``(xxv) Unnamed tributary to jenny creek.-- The approximately 0.9-mile segment from 0.1 mile below the irrigation canal in T. 39 S., R. 4 E., sec. 28, Willamette Meridian, as a scenic river.''. (pp) Lobster Creek, Oregon.--Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by striking paragraph (222) and inserting the following: ``(222) Lobster creek, oregon.--The following segments, to be administered by the Secretary of the Interior in the following classes: ``(A) Mainstem.--The approximately 4.1-mile segment from T. 15 S., R. 8 W., sec. 35, Willamette Meridian, downstream to the northern edge of the Bureau of Land Management boundary in T. 15 S., R. 8 W., sec. 15, Willamette Meridian, as a recreational river. ``(B) East fork.--The approximately 4.1-mile segment of East Fork Lobster Creek from and including the headwaters to the confluence with Lobster Creek, as a recreational river. ``(C) South fork.--The approximately 3-mile segment of South Fork Lobster Creek from and including the headwaters to the confluence with Lobster Creek, as a recreational river.''. (qq) Elk Creek, Oregon.--Section 3(a)(223) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)(223)) is amended-- (1) by striking ``The approximately'' and inserting the following: ``(A) Mainstem.--The approximately''; and (2) by adding at the end the following: ``(B) Bitter lick creek.--The approximately 6.5- mile segment of Bitter Lick Creek from and including the headwaters to the south boundary of T. 31 S., R. 1 E., sec. 36, Willamette Meridian, to be administered by the Secretary of Agriculture as a wild river.''. SEC. 8. DESIGNATION OF ADDITIONAL COMPONENTS OF THE NATIONAL WILD AND SCENIC RIVERS SYSTEM. Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by adding at the end the following: ``(231) Applegate headwaters, oregon and california.--The following segments, to be administered by the Secretary of Agriculture in the following classes: ``(A) Mainstem.--The approximately 5-mile segment of the Applegate River from the confluence of the Butte Fork Applegate River and the Middle Fork Applegate River in SE\1/4\SE\1/4\ sec. 25, T. 48 N., R. 12 W., Mount Diablo Meridian, to Applegate Reservoir Pool at Seattle Bar, as a recreational river. ``(B) Forks.-- ``(i) Middle fork.-- ``(I) Upper.--The approximately 2- mile segment of the Middle Fork Applegate River from the west boundary of T. 48 N., R. 12 W., sec. 19, Mount Diablo Meridian, to the confluence with Camp Gulch, as a wild river. ``(II) Middle.--The approximately 5.4-mile segment of the Middle Fork Applegate River from the confluence with Camp Gulch to 0.01 mile above Forest Service Road 1040, as a scenic river. ``(III) Lower.--The approximately 1.3-mile segment of the Middle Fork Applegate River from and including the headwaters to the confluence with the Butte Fork Applegate River, as a recreational river. ``(ii) Butte fork.--The approximately 1.2- mile segment of the Butte Fork Applegate River from the Red Buttes Wilderness boundary to the confluence with Middle Fork Applegate River, as a wild river. ``(C) Tributaries.-- ``(i) Stricklin gulch.--The approximately 1.3-mile segment of Stricklin Gulch from and including the headwaters to the confluence with the Applegate River, as a wild river. ``(ii) Reservoir gulch.--The approximately 1.3-mile segment of Reservoir Gulch from and including the headwaters to the confluence with the Applegate River, as a wild river. ``(iii) Lick gulch.--The approximately 1.4- mile segment of Lick Gulch from and including the headwaters to the confluence with the Applegate River, as a wild river. ``(iv) Cook and green creek.--The approximately 5-mile segment of Cook and Green Creek from and including the headwaters to the confluence with the Applegate River, as a wild river. ``(v) Bear gulch.--The approximately 1.3- mile segment of Bear Gulch from and including the headwaters to the confluence with the Applegate River, as a scenic river. ``(vi) Whisky creek.-- ``(I) Upper.--The approximately 1.7-mile segment of Whisky Creek from and including the headwaters to the south boundary of T. 41 S., R. 4 W., sec. 7, Willamette Meridian, as a scenic river. ``(II) Lower.--The approximately 3.3-mile segment of Whisky Creek California-Oregon border to the confluence with the Applegate River, as a scenic river. ``(vii) Marble gulch.--The approximately 0.5-mile segment of Marble Gulch from the Red Buttes Wilderness boundary to the confluence with the Middle Fork Applegate River, as a scenic river. ``(viii) French gulch.--The approximately 0.5-mile segment of French Gulch from the Red Buttes Wilderness boundary to the confluence with the Middle Fork Applegate River, as a scenic river. ``(ix) Bean gulch.--The approximately 1.6- mile segment of Bean Gulch from the Red Buttes Wilderness boundary to the confluence with the Middle Fork Applegate River, as a scenic river. ``(x) Camp gulch.--The approximately 0.8- mile segment of Camp Gulch from the Red Buttes Wilderness boundary to the confluence with the Middle Fork Applegate River, as a scenic river. ``(xi) Slide creek.--The approximately 1.1- mile segment of Slide Creek from and including the headwaters in T. 47 N., R. 11 W., sec. 6, Mount Diablo Meridian, to the confluence with the Butte Fork Applegate River in SE\1/4\NE\1/ 4\ sec. 36, T. 48 N., R. 12 W., Mount Diablo Meridian, as a wild river. ``(xii) Echo canyon creek.--The approximately 2-mile segment of Echo Canyon Creek from and including the headwaters (including Echo Lake) to the confluence with the Butte Fork Applegate River, as a wild river. ``(xiii) Tamarack creek.--The approximately 2.5-mile segment of Tamarack Creek from and including the headwaters to the confluence with Elliott Creek, as a scenic river. ``(xiv) Kettle creek.--The approximately 1.5-mile segment of Kettle Creek from and including the headwaters (including Kettle Lake) to the confluence with the Silver Fork Elliott Creek, as a scenic river. ``(xv) Elliott creek.--The approximately 9- mile segment of Elliott Creek from the confluence of the Wards Fork and Dog Fork of Elliott Creek to the confluence with the Applegate River south of the California-Oregon border, as a scenic river. ``(D) Stein gulch fork.--The approximately 1.3-mile segment of Stein Gulch from and including the headwaters to the confluence with Elliott Creek, as a scenic river. ``(E) Non-federal land.--The Secretary of Agriculture shall not include any non-Federal land in the Elliot Creek watershed within the detailed boundaries required under subsection (b) for a segment designated by this paragraph. ``(232) Bear and deer creeks, oregon.--The following segments, to be administered by the Secretary of Agriculture in the following classes: ``(A) Upper bear creek.--The approximately 4-mile segment of Bear Creek from the Eagle Cap Wilderness boundary to the north boundary of T. 1 S., R. 42 E., sec. 22, Willamette Meridian, as a wild river. ``(B) Lower bear creek.--The approximately 0.5-mile segment of Bear Creek from the north boundary of T. 1 S., R. 42 E., sec. 22, Willamette Meridian, to the north boundary of SE\1/4\NE\1/4\ sec. 15, T. 1 S., R. 41 E., Willamette Meridian, as a recreational river. ``(C) Doc creek.--The approximately 4.5-mile segment of Doc Creek from the Eagle Cap Wilderness boundary to the confluence with Chaparral Creek, as a wild river. ``(D) Deer creek.--The approximately 9-mile segment of Deer Creek from and including the headwaters to the north boundary of SE\1/4\NE\1/4\ sec. 31, T. 1 N., R. 43 E., Willamette Meridian, to be administered by the Secretary of Agriculture and the Secretary of the Interior as a scenic river. ``(E) Sage creek.--The approximately 4.1-mile segment of Sage Creek from and including the headwaters to the confluence with Deer Creek, as a scenic river. ``(233) Bear creek headwaters, oregon.--The following segments, to be administered by the Secretary of the Interior in the following classes: ``(A) Emigrant creek.--The approximately 6.2-mile segment of Emigrant Creek from and including the headwaters to the confluence with Baldy Creek, as a recreational river. ``(B) Porcupine creek.--The approximately 3.6-mile segment of Porcupine Creek from and including the headwaters to the confluence with Emigrant Creek, as a scenic river. ``(C) Green mountain creek.--The approximately 5- mile segment of Green Mountain Creek from and including the headwaters in T. 40 S., R. 2 E., sec. 25, Willamette Meridian, and T. 40 S., R. 3 E., secs. 19 and 30, Willamette Meridian, to the confluence with Emigrant Creek, as a wild river. ``(D) Baldy creek.--The approximately 9.1-mile segment of Baldy Creek from and including the headwaters in T. 40 S., R. 3 E., secs. 16, 17, 18, 19, 21, 28, and 29, Willamette Meridian, to the confluence with Emigrant Creek, as a recreational river. ``(E) Sampson creek.--The approximately 7.7-mile segment of Sampson Creek from and including the headwaters to Emigrant Reservoir, as a recreational river. ``(F) Right fork sampson creek.--The approximately 2-mile segment of the Right Fork Sampson Creek from and including the headwaters to the confluence with Sampson Creek, as a wild river. ``(G) Cattle creek.--The approximately 2.6-mile segment of Cattle Creek from and including the headwaters to Emigrant Reservoir pool, as a recreational river. ``(H) Soda creek.--The approximately 1.3-mile segment of Soda Creek from and including the headwaters to 0.1 mile above Oregon Highway 66, as a recreational river. ``(I) Gaerky creek.--The approximately 3.6-mile segment of Gaerky Creek from and including the headwaters to the southern boundary of T. 38 S., R. 1 E., sec. 36, Willamette Meridian, as a wild river. ``(J) Walker creek.--The approximately 3.9-mile segment of Walker Creek from and including the headwaters to 0.01 mile above Dead Indian Memorial Road, as a scenic river. ``(K) Sweathouse canyon creek.--The approximately 2.7-mile segment of Sweathouse Canyon Creek from and including the headwaters to the confluence with Walker Creek, as a scenic river. ``(L) Dosier flat fork of cove creek.--The approximately 1.1-mile segment of the Dosier Flat Fork of Cove Creek from the south boundary of T. 39 S., R. 2 E., sec. 3, Willamette Meridian, to the north boundary of T. 39 S., R. 2 E., sec. 3, Willamette Meridian, as a recreational river. ``(M) Black canyon.--The approximately 2.8-mile segment of Black Canyon from and including the headwaters to the south boundary of NE\1/4\NW\1/4\ sec. 18, T. 8 S., R. 48 E., Willamette Meridian, to be administered by the Secretary of the Interior as a wild river. ``(234) Black canyon creek, oregon.--The following segments, to be administered by the Secretary of the Interior in the following classes: ``(A) Upper.--The approximately 2.2-mile segment of Black Canyon Creek from and including the headwaters to the west boundary of T. 20 S., R. 40 E., sec. 19, Willamette Meridian, as a wild river. ``(B) Lower.--The approximately 1.7-mile segment of Black Canyon Creek from the west boundary of T. 20 S., R. 40 E., sec. 19, Willamette Meridian, to the west boundary of NE\1/4\SE\1/4\ sec. 25, T. 20 S., R. 39 E., Willamette Meridian, as a scenic river. ``(235) Blue, oregon.--The approximately 8.7-mile segment of the Blue River from the confluence of Mann Creek and Wolf Creek to Blue River Reservoir pool, to be administered by the Secretary of Agriculture as a recreational river. ``(236) Breitenbush, oregon.--The following segments, to be administered by the Secretary of Agriculture in the following classes: ``(A) Mainstem.-- ``(i) Upper.--The approximately 0.2-mile segment of the Breitenbush River from the confluence of the North and South Forks of the Breitenbush River to the west boundary of T. 9 S., R. 9 E., sec. 21, Willamette Meridian, as a scenic river. ``(ii) Lower.--The approximately 9.1-mile segment of the Breitenbush River from the west boundary of NE\1/4\ sec. 20, T. 9 S., R. 7 E., Willamette Meridian, to Detroit Reservoir pool, as a recreational river. ``(B) Forks.-- ``(i) North fork breitenbush river.--The approximately 11.9-mile segment of the North Fork Breitenbush River from the Warm Springs Reservation boundary to the confluence with the South Fork Breitenbush River, as a scenic river. ``(ii) South fork breitenbush river.--The approximately 5.6.-mile segment of the South Fork Breitenbush River from the Mount Jefferson Wilderness boundary to the confluence with the North Fork Breitenbush River, as a scenic river. ``(C) Tributaries.-- ``(i) Devils creek.--The approximately 6.1- mile segment of Devils Creek from and including the headwaters to the north boundary of SE\1/4\ sec. 20, T. 9 S., R. 9 E., Willamette Meridian, as a scenic river. ``(ii) Humbug creek.--The approximately 6.4-mile segment of Humbug Creek from and including the headwaters to the confluence with the Breitenbush River, as a scenic river. ``(iii) East fork humbug creek.--The approximately 6.5-mile segment of East Fork Humbug Creek from and including the headwaters to the confluence with Humbug Creek, as a scenic river. ``(iv) French creek.--The approximately 5.8-mile segment of French Creek from the headwater forks arising in T. 9 S., R. 5 E., secs. 29 and 30, Willamette Meridian, including several waterfalls to Detroit Reservoir pool, as a recreational river. ``(237) Brice creek, oregon.--The approximately 13.2-mile segment of Brice Creek from and including the headwaters to the Umpqua National Forest boundary, to be administered by the Secretary of Agriculture as a recreational river. ``(238) Buck creek, oregon.--The following segments, to be administered by the Secretary of Agriculture, in the following classes: ``(A) Upper.--The approximately 7.2-mile segment of Buck Creek from and including the headwaters that arise from several springs in secs. 16, 17, 18, 19, 20, 21, 28, 29, and 30, T. 30 S., R. 12 E., Willamette Meridian, to 0.01 mile above Forest Service Road 7645, as a wild river. ``(B) Lower.--The approximately 7.2-mile segment of Buck Creek from 0.01 mile above Forest Service Road 7645 to the north boundary of S\1/2\ sec. 12, T. 29 S., R. 12 E., Willamette Meridian, as a scenic river. ``(239) Burnt, oregon.-- ``(A) In general.--The approximately 15.1-mile segment of the Burnt River from the south boundary of T. 12 S., R. 41 E., sec. 20, Willamette Meridian, to the east boundary of SW\1/4\ sec. 26, T. 11 S., R. 42 E., Willamette Meridian, to be administered by the Secretary of the Interior as a recreational river. ``(B) Non-federal land.--The Secretary of the Interior shall not include any non-Federal land within the detailed boundaries required under subsection (b) for the segment designated by subparagraph (A). ``(240) Calapooia, oregon.--The approximately 4.1-mile segment of the Calapooia River from and including the headwaters to the boundary of the Willamette National Forest, to be administered by the Secretary of Agriculture as a recreational river. ``(241) Canyon creek, oregon.--The approximately 5.7-mile segment of Canyon Creek from the east boundary of W\1/2\ sec. 10, T. 22 S., R. 39 E., Willamette Meridian, to the confluence with Hunter Creek, to be administered by the Secretary of the Interior as a wild river. ``(242) Chewaucan, oregon.--The following segments, to be administered by the Secretary of Agriculture in the following classes: ``(A) Mainstem.--The approximately 22-mile segment of the Chewaucan River from the west boundary of T. 36 S., R. 18 E., sec. 15, Willamette Meridian, to the east boundary of T. 33 S., R. 18 E., sec. 27, Willamette Meridian, as a recreational river. ``(B) Swamp creek.--The approximately 4.7-mile section of Swamp Creek from the east boundary of T. 36 S., R. 18 E., sec. 25, Willamette Meridian, to the confluence with the Chewaucan River, as a scenic river. ``(C) Detailed boundaries.--The Secretary of Agriculture shall not include any non-Federal land within the detailed boundaries required under subsection (b) for a segment designated by this paragraph. ``(243) Cottonwood creek, oregon.--The approximately 20.2- mile segment of Cottonwood Creek from the west boundary of E\1/ 2\NE\1/4\ sec. 8, T. 23 S., R. 39 E., Willamette Meridian, to the east boundary of T. 21 S., R. 41 E., sec. 15, Willamette Meridian, to be administered by the Secretary of the Interior as a wild river. ``(244) Crabtree creek, oregon.--The approximately 5.2-mile segment of Crabtree Creek from and including the headwaters (including Crabtree Lake) to the south boundary of T. 11 S., R. 2 E., sec. 12, Willamette Meridian, to be administered by the Secretary of the Interior as a scenic river. ``(245) Deep creek, oregon.--The following segments, to be administered by the Secretary of Agriculture and the Secretary of the Interior in the following classes: ``(A) Mainstem.-- ``(i) Upper mainstem.--The approximately 1.4-mile segment of Deep Creek from the confluence of the South Fork Deep Creek and the Middle Fork Deep Creek to the east boundary of W\1/2\ sec. 29, T. 40 S., R. 22 E., Willamette Meridian, as a scenic river. ``(ii) Middle mainstem.-- ``(I) Upper.--The approximately 3.9-mile segment of Deep Creek from the west boundary of T. 39 S., R. 23 E., sec. 30, Willamette Meridian, to the confluence with Drake Creek, as a wild river. ``(II) Middle.--The approximately 1.9-mile segment of Deep Creek from the confluence with Drake Creek to the east boundary of NW\1/4\ sec. 23, T. 39 S., R. 23 E., Willamette Meridian, as a recreational river. ``(III) Lower.--The approximately 2.7-mile segment of Deep Creek from the west boundary of sec. 24, T. 39 S., R. 23 E., Willamette Meridian, to the east boundary of W\1/2\ sec. 20, T. 39 S., R. 24 E., Willamette Meridian, as a recreational river. ``(B) Forks.-- ``(i) South fork deep creek.--The approximately 3.6-mile segment of South Fork Deep Creek from and including the headwaters to the confluence with North Fork Deep Creek, as a scenic river. ``(ii) Middle fork deep creek.--The approximately 3.1-mile segment of Middle Fork Deep Creek from and including the headwaters to the confluence with South Fork Deep Creek, as a scenic river. ``(iii) North fork deep creek.--The approximately 2.9-mile segment of North Fork Deep Creek from and including the headwaters to the confluence with South Fork Deep Creek, as a scenic river. ``(C) Tributaries.-- ``(i) Dismal creek.--The approximately 8.2- mile segment of Dismal Creek from and including the headwaters (including the Dismal Swamp and any associated wetlands and springs) to the north boundary of T. 40 S., R. 32 E., sec. 32, Willamette Meridian, as a scenic river. ``(ii) West fork dismal creek.--The approximately 3.1-mile segment of West Fork Dismal Creek from and including the headwaters to the confluence with Dismal Creek, as a wild river. ``(iii) Camas creek.--The approximately 3.3-mile segment of Camas Creek from the north boundary of T. 39 S., R. 22 E., sec. 12, Willamette Meridian, to the confluence with Deep Creek, as a wild river. ``(246) Drift creek, oregon.--The following segments, to be administered by the Secretary of Agriculture in the following classes: ``(A) Middle mainstem.--The approximately 12.3-mile segment of Drift Creek from the east boundary of T. 7 S., R. 10 W., sec. 36, Willamette Meridian, to the west boundary of T. 8 S., R. 10 W., sec. 7, Willamette Meridian, to be administered as a wild river, except that the portion of Drift Creek that flows through the permitted area of the Drift Creek Organizational Camp shall be administered as a scenic river. ``(B) Tributaries.-- ``(i) Quarry creek.--The approximately 2.7- mile segment of Quarry Creek from and including the headwaters to the confluence with Drift Creek, as a wild river. ``(ii) Wildcat creek.--The approximately 2.5-mile segment of Wildcat Creek from and including the headwaters to the confluence with Drift Creek, as a wild river. ``(iii) North creek.--The approximately 2.5-mile segment of North Creek from and including the headwaters to the confluence with Drift Creek, as a wild river. ``(iv) Smith creek.--The approximately 3.7- mile segment of Smith Creek from and including the headwaters to the confluence with Drift Creek, as a wild river. ``(v) Sampson creek.--The approximately 0.8-mile segment of Sampson Creek from and including the headwaters to the confluence with Drift Creek, as a wild river. ``(247) East steens mountain, oregon.--The following segments, to be administered by the Secretary of the Interior in the following classes: ``(A) Indian creek.-- ``(i) Upper.--The approximately 2.5-mile segment of Indian Creek from and including the headwaters to 0.01 mile above the road crossing in T. 34 S., R. 34 E., sec. 30, Willamette Meridian, as a wild river. ``(ii) Lower.--The approximately 3.9-mile segment of Indian Creek from 0.01 mile above road crossing in T. 34 S., R. 34 E., sec. 30, Willamette Meridian, to the east boundary of T. 34 S., R. 34 E., sec. 29, Willamette Meridian, as a scenic river. ``(B) Pike creek.--The approximately 2.9-mile segment of Pike Creek from and including the headwaters to the east boundary of T. 34 S., R. 34 E., sec. 20, Willamette Meridian, as a wild river. ``(C) Little alvord creek.--The approximately 3.2- mile segment of Little Alvord Creek from and including the headwaters to the east boundary of NW\1/4\SW\1/4\ sec. 9, T. 35 S., R. 34 E., Willamette Meridian, as a wild river. ``(D) Big alvord creek.--The approximately 3.6-mile segment of Big Alvord Creek from and including the headwaters to the east boundary of SE\1/4\SW\1/4\ sec. 33, T. 33 S., R. 34 E., Willamette Meridian, as a wild river. ``(E) Cottonwood creek.--The approximately 2.8-mile segment of Cottonwood Creek from and including the headwaters to the east boundary of T. 34 S., R. 33 E., sec. 28, Willamette Meridian, as a wild river. ``(F) Little mccoy creek.--The approximately 3.5- mile segment of Little McCoy Creek from and including the headwaters to the east boundary of W\1/2\ sec. 2, T. 33 S., R. 34 E., Willamette Meridian, as a wild river. ``(G) Castle rock creek.--The approximately 3.1- mile segment of Castle Rock Creek from and including the headwaters to the east boundary of W\1/2\ sec. 35, T. 32 S., R. 34 E., Willamette Meridian, as a wild river. ``(H) Mann creek.--The approximately 1.4-mile segment of Mann Creek from the north boundary of SE\1/ 4\ sec. 28, T. 32 S., R. 34 E., Willamette Meridian, to the east boundary of T. 32 S., R. 34 E., sec. 27, Willamette Meridian, as a wild river. ``(I) Mosquito creek.--The approximately 4.2-mile segment of Mosquito Creek from and including the headwaters to the east boundary of T. 33 S., R. 34 E., sec. 10, Willamette Meridian, as a wild river. ``(J) Buena vista creek.--The approximately 2-mile segment of Buena Vista Creek from and including the headwaters to the confluence with Mosquito Creek, as a wild river. ``(K) Willow creek.--The approximately 3.6-mile segment of Willow Creek from and including the headwaters to the east boundary of T. 33 S., R. 34 E., sec. 15, Willamette Meridian, as a wild river. ``(248) Fairview creek, oregon.--The approximately 3.5-mile segment of Fairview Creek from and including the headwaters to 0.01 mile above Sharps Creek Road, to be administered by the Secretary of Agriculture as a scenic river. ``(249) Fall creek, oregon.--The approximately 18.1-mile segment of Fall Creek from and including the headwaters to the west boundary of T. 18 S., R. 2 E., sec. 31, Willamette Meridian, to be administered by the Secretary of Agriculture as a recreational river. ``(250) Fall creek, oregon and california.-- ``(A) In general.--The approximately 6-mile segment of Fall Creek from the north boundary of T. 40 S., R. 4 E., sec. 35, Willamette Meridian, to the south boundary of T. 48 N., R. 4 W., sec. 18, Mount Diablo Meridian, to be administered by the Secretary of the Interior as a recreational river. ``(B) Non-federal land.--The Secretary of the Interior shall not include any non-Federal land within the detailed boundaries required under subsection (b) for the segment designated by subparagraph (A). ``(251) Forks of carberry creek, oregon.--The following segments, to be administered by the Secretary of Agriculture in the following classes: ``(A) Forks.-- ``(i) Steve fork.-- ``(I) Mainstem.--The approximately 10.7-mile segment of Steve Fork of Carberry Creek from and including the headwaters to the east boundary of T. 40 S., R. 4 W., sec. 19, Willamette Meridian, as a scenic river. ``(II) Right hand fork.--The approximately 3.6-mile segment (consisting of 4 segments of 0.3, 1.1, 1.5, and 0.7 miles) of Right Hand Fork Steve Fork of Carberry Creek from and including the headwaters to the confluence with Steve Fork of Carberry Creek, as a recreational river. ``(ii) Sturgis fork.--The approximately 7.7-mile segment of Sturgis Fork from and including the headwaters to the east boundary of T. 40 S., R. 5 W., sec. 13, Willamette Meridian, as a recreational river. ``(B) Tributaries.-- ``(i) Osier creek.--The approximately 1.8- mile segment of Osier Creek from and including the headwaters to the confluence with Steve Fork of Carberry Creek, as a scenic river. ``(ii) Low gap creek.--The approximately 2.1-mile segment of Low Gap Creek from and including the headwaters to the confluence with Steve Fork of Carberry Creek, as a scenic river. ``(iii) O'connell creek.--The approximately 2-mile segment of O'Connell Creek from and including the headwaters to the confluence with Steve Fork of Carberry Creek, as a recreational river. ``(iv) Little craggy creek.--The approximately 1.2-mile segment of Little Craggy Creek from and including the headwaters to the confluence with Right Hand Fork Steve Fork of Carberry Creek, as a scenic river. ``(v) Craggy creek.--The approximately 1.6- mile segment of Craggy Creek from and including the headwaters to the confluence with Right Hand Fork Steve Fork of Carberry Creek, as a scenic river. ``(vi) Lewis creek.--The approximately 1.8- mile segment of Lewis Creek from and including the headwaters to the confluence with Sturgis Fork Carberry Creek, as a wild river. ``(vii) Miller lake creek.--The approximately 1.2-mile segment of Miller Lake Creek from and including the headwaters (including Miller Lake and an unnamed lake above Miller Lake) to the confluence with Sturgis Fork Carberry Creek, as a scenic river. ``(viii) Bigelow creek.--The approximately 2.2-mile segment of Bigelow Creek from and including the headwaters to the confluence with Sturgis Fork Carberry Creek, as a scenic river. ``(ix) Deer creek.--The approximately 1.3- mile segment of Deer Creek from and including the headwaters to the confluence with Sturgis Fork Carberry Creek, as a scenic river. ``(x) O'brien creek.--The approximately 4.8-mile segment of O'Brien Creek from and including the headwaters to the confluence with Sturgis Fork Carberry Creek, as a scenic river. ``(xi) Brush creek.--The approximately 4.3- mile segment of Brush Creek from and including the headwaters to the south boundary of NE\1/4\ sec. 21, T. 40 S., R. 4 E., Willamette Meridian, as a scenic river. ``(xii) Broadenaxe creek.--The approximately 2.1-mile segment of Broadenaxe Creek from and including the headwaters to the confluence with Brush Creek, as a scenic river. ``(xiii) Long gulch.--The approximately 2.2-mile segment of Long Gulch from and including the headwaters to the west boundary of NE\1/4\SE\1/4\ sec. 19, T. 38 S., R. 3 W., Willamette Meridian, as a wild river. ``(252) Forks of the burnt, oregon.--The following segments, to be administered by the Secretary of Agriculture in the following classes: ``(A) Forks.-- ``(i) North fork.-- ``(I) Upper.--The approximately 9.3-mile segment of the North Fork Burnt River from and including the headwaters to the north boundary of SE\1/4\NE\1/4\ sec. 25, T. 10 S., R. 35.5 E., Willamette Meridian, as a recreational river. ``(II) Lower.--The approximately 6.9-mile segment of the North Fork Burnt River from the boundary of SW\1/ 4\NE\1/4\ sec. 3, T. 11 S., R. 36 E., Willamette Meridian, to the north boundary of NW\1/4\ SW\1/4\ sec. 30, T. 11 S., R. 37 E., Willamette Meridian, as a recreational river. ``(ii) West fork.--The approximately 3.8- mile segment of the West Fork Burnt River from the confluences of North, Middle, and South Three Sisters Creeks to the Wallowa-Whitman National Forest boundary, as a recreational river. ``(iii) Middle fork.--The approximately 6.1-mile segment of the Middle Fork Burnt River from and including the headwaters to the Wallowa-Whitman National Forest boundary, as a recreational river. ``(iv) South fork.--The approximately 5.3- mile segment of the South Fork Burnt River from and including the headwaters to the Wallowa- Whitman National Forest boundary, as a recreational river. ``(B) Bullrun creek.--The approximately 2.6-mile segment of Bullrun Creek from the Monument Rock Wilderness boundary to 0.01 mile above the Eldorado Ditch, as a wild river. ``(253) Forks of the walla walla, oregon.--The following segments, to be administered by the Secretary of Agriculture in the following classes: ``(A) Forks.-- ``(i) North fork walla walla river.--The approximately 8.2-mile segment of the North Fork Walla Walla River from and including the headwaters to the west boundary of T. 5 N., R. 38 E., sec. 29, Willamette Meridian, as a wild river. ``(ii) South fork walla walla river.--The approximately 19.6-mile segment of the South Fork Walla Walla River from and including the headwaters to the west boundary of SE\1/4\SE\1/ 4\ sec. 10, T. 4 N., R. 37 E., Willamette Meridian, to be administered by the Secretary of Agriculture and the Secretary of the Interior as a wild river. ``(B) Tributaries.-- ``(i) Skiphorton creek.--The approximately 3.3-mile segment of Skiphorton Creek from and including the headwaters to the confluence with the South Fork Walla Walla River, as a wild river. ``(ii) Reser creek.--The approximately 4.6- mile segment of Reser Creek from and including the headwaters to the confluence with the South Fork Walla Walla River, as a wild river. ``(254) Guano creek, oregon.--The following segments, to be administered by the Secretary of the Interior in the following classes: ``(A) Guano creek.-- ``(i) Upper.--The approximately 14.5-mile segment of Guano Creek from and including the headwaters to Jacobs Reservoir pool, as a scenic river. ``(ii) Lower.--The approximately 10.1-mile segment of Guano Creek from 100 feet below Jacobs Reservoir Dam to Shirk Lake, as a wild river. ``(B) Shirk lake.-- ``(i) In general.--Shirk Lake and any associated wetlands. ``(ii) Effect.--Nothing in this Act affects the management of water levels at Shirk Lake due to the exercise of existing valid rights or for the benefit of native wildlife. ``(255) Headwaters of pine creek, oregon.--The following segments, to be administered by the Secretary of Agriculture in the following classes: ``(A) Pine creek.--The approximately 1.3-mile segment of Pine Creek from the confluence of Middle Fork West Fork Pine Creek to the south boundary of T. 6 S., R. 45 E., sec. 22, Willamette Meridian, as a wild river. ``(B) West fork pine creek.--The approximately 0.6- mile segment of West Fork Pine Creek from the Eagle Cap Wilderness boundary to the confluence with Middle Fork Pine Creek, as a wild river. ``(C) Middle fork pine creek.--The approximately 1.1-mile segment of Middle Fork Pine Creek from the Eagle Cap Wilderness boundary to the confluence with West Fork Pine Creek, as a wild river. ``(D) East fork pine creek.--The approximately 7.9- mile segment of East Fork Pine Creek from and including the headwaters to the confluence with Pine Creek, as a scenic river. ``(E) Trail creek.--The approximately 4.4-mile segment of Trail Creek from and including the headwaters to the confluence with Clear Creek, as a scenic river. ``(F) Clear creek.-- ``(i) Upper.--The approximately 4.1-mile segment of Clear Creek from 0.01 mile below Clear Creek Reservoir to the south boundary of NE\1/4\ sec. 30, T. 6 S., R. 46 E., Willamette Meridian, as a wild river. ``(ii) Lower.--The approximately 5-mile segment of Clear Creek from the south boundary of NE\1/4\ sec. 30, T. 6 S., R. 46 E., Willamette Meridian, to the south boundary of N\1/2\NE\1/4\ sec. 19, T. 7 S., R. 46 E., Willamette Meridian, as a recreational river. ``(G) Fish creek.--The approximately 8.4-mile segment of Fish Creek from and including the headwaters to the south boundary of T. 7 S., R. 47 E., sec. 18, Willamette Meridian, as a recreational river. ``(H) Lake fork creek.-- ``(i) Upper.--The approximately 12.9-mile segment of Lake Fork Creek from and including the headwaters to 100 feet above the Lake Fork Campground, as a wild river. ``(ii) Lower.--The approximately 0.5-mile segment of Lake Fork Creek from 100 feet above Lake Fork Campground to the confluence with North Pine Creek, as a recreational river. ``(I) Elk creek.--The approximately 8.1-mile segment of Elk Creek from and including the headwaters to the confluence with Lake Fork Creek, as a wild river. ``(256) Honey Creek, Oregon.--The following segments, to be administered by the Secretary of Agriculture in the following classes: ``(A) Mainstem.--The approximately 7.3-mile segment of Honey Creek from and including the headwaters to the east boundary of T. 36 S., R. 22 E., sec. 29, Willamette Meridian, as a scenic river. ``(B) Tributaries.-- ``(i) Little honey creek.--The approximately 7.3-mile segment of Little Honey Creek from and including the headwaters to the east boundary of T. 36 S., R. 22 E., sec. 29, Willamette Meridian, as a scenic river. ``(ii) White pine marsh creek.--The approximately 3.5-mile segment of headwaters above and including White Pine Marsh to the confluence with Little Honey Creek, as a scenic river. ``(257) Hosmer lake, oregon.--The following segments, to be administered by the Secretary of Agriculture in the following classes: ``(A) Hosmer lake.--Hosmer Lake and any associated wetlands, as a scenic river. ``(B) Tributaries.-- ``(i) Quinn creek.--The approximately 2.2- mile segment of Quinn Creek from the source at several springs in and including Quinn Meadows to Hosmer Lake, as a scenic river. ``(ii) Sink creek.--The approximately 2.5- mile segment of Sink Creek from the source at Blacktail Spring and other springs to the confluence with Quinn Creek, as a scenic river. ``(258) Hunter creek, oregon.--The following segments, to be administered by the Secretary of Agriculture and the Secretary of the Interior, in the following classes: ``(A) Mainstem.--The approximately 6.9-mile segment of Hunter Creek from and including the headwaters to the southern boundary of N\1/2\NW\1/4\ sec. 13, T. 37 S., R. 14 W., Willamette Meridian, as a scenic river. ``(B) Tributaries.-- ``(i) North fork hunter creek.--The approximately 2.9-mile segment of North Fork Hunter Creek from and including the headwaters to the south boundary of T. 37 S., R. 14 W., sec. 11, Willamette Meridian, as a wild river. ``(ii) Elko creek.--The approximately 2- mile segment of Elko Creek from and including the headwaters to the confluence with Hunter Creek, as a scenic river. ``(iii) Bog creek.--The approximately 0.8- mile segment of an unnamed stream locally known as `Bog Creek' from and including the headwaters in SE\1/4\ sec. 13, T. 37 S., R. 14 W., Willamette Meridian, including Hunter Creek Bog, to the west boundary of SE\1/4\ sec. 13, T. 37 S., R. 14 W., Willamette Meridian, as a scenic river. ``(iv) Pyramid rock creek.--The approximately 1.8-mile segment known locally as `Pyramid Rock Creek' from and including the 3 headwaters in the N\1/2\N\1/2\ sec. 19, T. 37 S., R. 13 W., Willamette Meridian, as a scenic river. ``(259) Jack creek, oregon.--The approximately 30.7-mile segment of Jack Creek from and including the headwaters, and any associated wetlands along the stream, to the west boundary of NW\1/4\ sec. 9, T. 30 S., R. 10 E., Willamette Meridian, to be administered by the Secretary of Agriculture as a scenic river. ``(260) Lava lake, oregon.--The following segments, to be administered by the Secretary of Agriculture in the following classes: ``(A) Lava lake.--Lava Lake and any associated wetlands, as a scenic river. ``(B) Tributaries.-- ``(i) Park creek.--The approximately 6-mile segment of Park Creek from the confluence of North Fork Park Creek and South Fork Park Creek to Lava Lake, including the area known as `The Parks', as a scenic river. ``(ii) North fork park creek.--The approximately 3-mile segment of North Fork Park Creek from and including the headwaters to the confluence with South Fork Park Creek, as a scenic river. ``(261) Little applegate, oregon.--The following segments, to be administered by the Secretary of Agriculture and the Secretary of the Interior, in the following classes: ``(A) Mainstem.-- ``(i) In general.--The approximately 5.5- mile segment of the Little Applegate River from the south boundary of T. 40 S., R. 10 W., sec. 4, Willamette Meridian, to the west boundary of NE\1/4\NE\1/4\ sec. 27, T. 39 S., R. 2 W., Willamette Meridian, as a recreational river. ``(ii) Non-federal land.--The Secretary of the Interior shall not include any non-Federal land within the detailed boundaries required under subsection (b) for the segment designated by clause (i). ``(B) Tributaries.-- ``(i) Bear gulch.--The approximately 1.8- mile segment of Bear Gulch from and including the headwaters in T. 39 S., R. 2 W., secs. 14 and 15, Willamette Meridian, to the confluence with the Little Applegate River, as a scenic river. ``(ii) Muddy gulch creek.--The approximately 1.6-mile segment of Muddy Gulch Creek from and including the headwaters in T. 39 S., R. 2 W., sec. 11, Willamette Meridian, to south boundary of NE\1/4\ sec. 23, T. 39 S., R. 2 W., Willamette Meridian, as a wild river. ``(iii) Birch creek.--The approximately 2.3-mile segment of Birch Creek from and including the headwaters in T. 39 S., R. 2 W., secs. 11 and 12, Willamette Meridian, to the confluence with Muddy Gulch Creek in SW\1/ 4\SW\1/4\ sec. 13, T. 39 S., R. 2 W., Willamette Meridian, as a wild river. ``(iv) Owl gulch.--The approximately 1.4- mile segment of Owl Gulch from and including the headwaters to the confluence with the Little Applegate River, as a recreational river. ``(v) Glade creek.--The approximately 1.1- mile segment of Glade Creek from the south boundary of T. 39 S., R. 1 W., sec. 31, Willamette Meridian, to the confluence with the Little Applegate River, as a wild river. ``(262) Little north fork wilson, oregon.--The approximately 3.2-mile segment of the Little North Fork Wilson River from the east boundary of T. 1 S., R. 9 W., sec. 12, Willamette Meridian, to the south boundary of T. 1 S., R. 9 W., sec. 13, Willamette Meridian, to be administered by the Secretary of the Interior as a scenic river. ``(263) Middle fork john day, oregon.--The following segments, to be administered by the Secretary of Agriculture in the following classes: ``(A) Mainstem.-- ``(i) Upper.--The approximately 4.7-mile segment from the south boundary of T. 11 S., R. 34 E., sec. 12, Willamette Meridian, to the west boundary of NE\1/4\SE\1/4\ sec. 5, T. 11 S., R. 34 E., Willamette Meridian, as a recreational river. ``(ii) Lower.--The approximately 4.1-mile segment from the east boundary of NW\1/4\NW\1/ 4\ sec. 13, T. 10 S., R. 32 E., Willamette Meridian, to the north boundary of SW\1/4\ sec. 34, T. 9 S., R. 32 E., Willamette Meridian, as a recreational river. ``(B) Tributaries.-- ``(i) Big boulder creek.--The approximately 6.3-mile segment of Big Boulder Creek from and including the headwaters to the west boundary of E\1/2\SW\1/4\ sec. 23, T.10 S., R. 33 E., Willamette Meridian, as a scenic river. ``(ii) Little butte creek.--The approximately 3.2-mile segment of Little Butte Creek from and including the headwaters to the confluence with the Middle Fork John Day River, as a wild river. ``(iii) Camp creek.--The approximately 15.1-mile segment of Camp Creek from and including the headwaters to the north boundary of SE\1/4\NE\1/4\ sec. 25, T. 10 S., R. 32 E., Willamette Meridian, as a scenic river. ``(iv) Caribou creek.--The approximately 4.3-mile segment of Caribou Creek from and including the headwaters to the confluence with the Middle Fork John Day River, as a scenic river. ``(v) Deerhorn creek.--The approximately 3.9-mile segment of Deerhorn Creek from and including the headwaters to the confluence with the Middle Fork John Day River, as a wild river. ``(vi) Granite boulder creek.--The approximately 7-mile segment of Granite Boulder Creek from and including the headwaters at several springs to the point at which Granite Boulder Creek enters private land in NE\1/4\ sec. 2, T. 13 S., R. 19 E., Willamette Meridian, as a scenic river. ``(vii) West fork granite boulder creek.-- The approximately 2.3-mile segment of West Fork Granite Boulder Creek from and including the headwaters to the confluence with Granite Boulder Creek, as a wild river. ``(viii) Vinegar creek.--The approximately 9.7-mile segment of Vinegar Creek from and including the headwaters at several springs to the point at which Vinegar Creek enters non- Federal land in T. 11 S., R. 35 E., sec. 20, Willamette Meridian, as a scenic river. ``(ix) Clear creek.--The approximately 12- mile segment of Clear Creek from and including the headwaters (including Looney Spring) to the point at which Clear Creek enters non-Federal land in T. 11 S., R. 35 E., sec. 26, Willamette Meridian, as a recreational river. ``(264) Middle fork willamette, oregon.--The following segments, to be administered by the Secretary of Agriculture in the following classes: ``(A) Mainstem.-- ``(i) Upper.--The approximately 15.3-mile segment of the Middle Fork Willamette River from and including the headwaters (including Timpanogas Lake and Big Swamp) to the confluence with Echo Creek, as a scenic river. ``(ii) Lower.--The approximately 14.3-mile segment of the Middle Fork Willamette River from the confluence with Echo Creek to Hills Creek Reservoir pool, as a recreational river. ``(B) Tributaries.-- ``(i) Tumblebug creek.--The approximately 7.4-mile segment of Tumblebug Creek from and including the headwaters to the confluence with the Middle Fork Willamette River, as a scenic river. ``(ii) West fork tumblebug creek.--The approximately 2.4-mile segment of West Fork Tumblebug Creek from and including the headwaters to the confluence with Tumblebug Creek, as a scenic river. ``(iii) Salt creek.--The approximately 14.1-mile segment of Salt Creek from the source (including the Betty Lakes, Gold Lake Bog, Gold Lake, Salt Creek Falls, Diamond Creek Falls, and Too Much Bear Lake) to the confluence with Twin Creek, as a scenic river. ``(iv) Skyline creek.--The approximately 3- mile segment of Skyline Creek from and including the headwaters to the confluence with Salt Creek, as a wild river. ``(v) Ray creek.--The approximately 2.4- mile segment of Ray Creek from and including the headwaters to the confluence with Salt Creek, as a scenic river. ``(vi) Unnamed tributary.--The approximately 2.8-mile segment of the unnamed tributary with the source in and including an unnamed lake at elevation 5,526 feet to the confluence with Salt Creek, as a wild river. ``(vii) Swift creek.--The approximately 5.7-mile segment of Swift Creek from and including the headwaters to the south boundary of T. 23 S., R. 4 E., sec. 36, Willamette Meridian, as a recreational river. ``(viii) Bear creek.--The approximately 2- mile segment of Bear Creek from the Diamond Peak Wilderness boundary to the confluence with Swift Creek, as a scenic river. ``(ix) Indigo creek.--The approximately 1.9-mile segment of Indigo Creek from and including the headwaters to the confluence with the Middle Fork Willamette River, as a scenic river. ``(265) Middle santiam, oregon.--The following segments, to be administered by the Secretary of Agriculture in the following classes: ``(A) Mainstem.--The approximately 5.4-mile segment of the Middle Santiam River from the south boundary of T. 13 S., R. 5 E., sec. 12, Willamette Meridian, to the Middle Santiam Wilderness boundary, as a scenic river. ``(B) Tributaries.-- ``(i) Swamp creek.--The approximately 2.6- mile segment of Swamp Creek from and including the headwaters to the Middle Santiam Wilderness boundary, as a scenic river. ``(ii) Pyramid creek.--The approximately 9.2-mile segment of Pyramid Creek from and including the headwaters to the confluence with the Middle Santiam River, as a scenic river. ``(iii) South pyramid creek.--The approximately 3.9-mile segment of South Pyramid Creek from and including the headwaters to the confluence with the Middle Santiam River, as a scenic river. ``(iv) Cougar creek.--The approximately 4.4-mile segment of Cougar Creek from and including the headwaters to the confluence with the Middle Santiam River, as a scenic river. ``(v) Scar creek.--The approximately 3-mile segment of Scar Creek from and including the headwaters to the confluence with Pyramid Creek, as a scenic river. ``(266) Meacham creek, oregon.--The following segments, to be administered by the Secretary of the Interior in the following classes: ``(A) Mainstem.-- ``(i) In general.--The approximately 16 miles of Meacham Creek from the west boundary of T. 1 N., R. 35 E., sec. 35, Willamette Meridian, to the confluence with the Umatilla River, as a recreational river. ``(ii) Detailed boundaries.--Only Federal land or land owned by, or held in trust for, an Indian Tribe, shall be included in the detailed boundaries required under subsection (b) for the segment designated by clause (i). ``(B) Forks.-- ``(i) North fork meacham creek.--The approximately 8.8-mile segment of North Fork Meacham Creek from and including the headwaters to the east boundary of NW\1/4\ sec. 30, T. 1 N., R. 37 E., Willamette Meridian, as a recreational river. ``(ii) East meacham creek.--The approximately 5.5-mile segment of East Meacham Creek from and including the headwaters to the confluence with Meacham Creek, as a wild river. ``(C) Tributaries.-- ``(i) Owsley creek.--The approximately 5- mile segment of Owsley Creek from and including the headwaters to the confluence with East Meacham Creek, as a wild river. ``(ii) Bear creek.--The approximately 5.4- mile segment of Bear Creek from and including the headwaters to the north boundary of SW\1/4\ sec. 30, T. 1 N., R. 37 E., Willamette Meridian, as a wild river. ``(iii) Pot creek.--The approximately 8- mile segment of Pot Creek from and including the headwaters (including Dead Horse Spring) to the confluence with North Fork Meacham Creek, as a wild river. ``(267) North fork siletz, oregon.--The following segments, to be administered by the Secretary of the Interior in the following classes: ``(A) Mainstem.--The approximately 3.4-mile segment of the North Fork Siletz River from the west boundary of E\1/2\SW\1/4\ sec. 19, T. 7 S., R. 8 W., Willamette Meridian, to the south boundary of T. 7 S., R. 8 W., sec. 32, Willamette Meridian, as a scenic river. ``(B) Warnicke creek.--The approximately 6.8-mile segment of Warnicke Creek from the east boundary of T. 7 S., R. 8 W., sec. 17, Willamette Meridian, to the confluence with the North Fork Siletz River, as a scenic river. ``(268) North santiam, oregon.--The following segments, to be administered by the Secretary of Agriculture in the following classes: ``(A) Mainstem.-- ``(i) Upper mainstem.--The approximately 3.4-mile segment of the North Santiam River from the Mount Jefferson Wilderness boundary (including Big Meadows) to 0.1 mile above Oregon Highway 22 in T. 12 S., R. 7 E., sec. 29, Willamette Meridian, as a scenic river. ``(ii) Middle mainstem.--The approximately 9-mile segment of the North Santiam River from 0.1 mile above Oregon Highway 22 in T. 12 S., R. 7 E., sec. 29, Willamette Meridian, to the north boundary of SW\1/4\SW\1/4\ sec. 29, T. 11 S., R. 7 E., Willamette Meridian, as a recreational river. ``(iii) Lower mainstem.--The approximately 9.5-mile segment of the North Santiam River from the south boundary of NW\1/4\NW\1/4\ sec. 15, T. 11 S., R. 7 E., Willamette Meridian, to the west boundary of T. 10 S., R. 6 E., sec. 24, Willamette Meridian, as a recreational river. ``(B) Whitewater creek.-- ``(i) Upper.--The approximately 4-mile segment of Whitewater Creek from the Mount Jefferson Wilderness boundary to the west boundary of E\1/2\ sec. 22, T. 10 S., R. 6 E., Willamette Meridian, as a scenic river. ``(ii) Lower.--The approximately 1-mile segment of Whitewater Creek from the east boundary of NW\1/4\NE\1/4\ sec. 28, T. 10 S., R. 7 E., Willamette Meridian, to the confluence with the North Santiam River, as a recreational river. ``(269) Ochoco creek, oregon.--The following segments, to be administered by the Secretary of Agriculture in the following classes: ``(A) Mainstem.--The approximately 7-mile segment of Ochoco Creek from the source at Ochoco Spring and 4 named springs in NE\1/4\ sec. 16, T. 13 S., R. 20 E., Willamette Meridian, to the west boundary of NE\1/ 4\SE\1/4\ sec. 34, T. 13 S., R. 19 E., Willamette Meridian, as a recreational river. ``(B) Canyon creek.-- ``(i) Upper.--The approximately 2-mile segment of Canyon Creek from and including the headwaters to the confluence with Cline Creek, as a wild river. ``(ii) Lower.--The approximately 4-mile segment of Canyon Creek from the confluence with Cline Creek to the confluence with Ochoco Creek, as a recreational river. ``(270) Odell creek, oregon.--The following segments, to be administered by the Secretary of Agriculture, in the following classes: ``(A) Mainstem.--The approximately 8.1-mile segment of Odell Creek from the gauging station below the outlet of Odell Lake to Davis Lake, as a scenic river. ``(B) Tributaries.--The approximately 1.7-mile segment of Maklaks Creek from and including the headwaters to the confluence with Odell Creek, as a scenic river. ``(271) Oregon canyon mountains, oregon.--The following segments, to be administered by the Secretary of the Interior in the following classes: ``(A) Whitehorse creek.--The approximately 15.3- mile segment of Whitehorse Creek from and including the headwaters to the north boundary of S\1/2\SW\1/4\ sec. 29, T. 38 S., R. 39 E., Willamette Meridian, as a wild river. ``(B) Little whitehorse creek.--The approximately 15.8-mile segment of Little Whitehorse Creek from and including the headwaters to the east boundary of NW\1/ 4\SE\1/4\ sec. 30, T. 38 S., R. 39 E., Willamette Meridian, as a wild river. ``(C) Unnamed tributary.--The approximately 5.6- mile segment of an unnamed tributary from and including the headwaters to the confluence with Little Whitehorse Creek in SE\1/4\SW\1/4\ sec. 8, T. 40 S., R. 49 E., Willamette Meridian, to be administered by the Secretary of the Interior as a wild river. ``(D) Fifteenmile creek.--The approximately 12-mile segment of Fifteenmile Creek from and including the headwaters to the confluence with Whitehorse Creek, as a wild river. ``(E) Oregon canyon creek.--The approximately 7.4- mile segment of Oregon Canyon Creek from and including the headwaters to the north boundary of SW\1/4\NE\1/4\ sec. 2, T. 39 S., R. 40 E., Willamette Meridian, as a wild river. ``(F) East fork oregon canyon creek.--The approximately 4.7-mile segment of East Fork Oregon Canyon Creek from and including the headwaters to the confluence with Oregon Canyon Creek, as a wild river. ``(G) West fork oregon canyon creek.--The approximately 1.5-mile segment of West Fork Oregon Canyon Creek from and including the headwaters to the confluence with Oregon Canyon Creek, as a wild river. ``(H) Unnamed tributary.--The approximately 3.7- mile segment of an unnamed tributary of Oregon Canyon Creek from and including the headwaters (including Box Canyon, Island Canyon, and Fall Canyon) to the confluence with Oregon Canyon Creek in T. 39 S., R. 40 E., sec. 36, Willamette Meridian, as a wild river. ``(I) North fork mcdermitt creek.--The approximately 4.5-mile segment of North Fork McDermitt Creek from and including the headwaters to the confluence with McDermitt Creek, as a wild river. ``(J) Mcdermitt creek.-- ``(i) Upper.--The approximately 8.2-mile segment of McDermitt Creek from and including the headwaters to the south boundary of NE\1/4\ sec. 10, T. 41 S., R. 39 E., Willamette Meridian, as a wild river. ``(ii) Middle.--The approximately 7.5-mile segment of McDermitt Creek from the east boundary of T. 41 S., R. 40 E., sec. 22, Willamette Meridian, to the east boundary of T. 47 N., R. 36 E., sec. 3, Mount Diablo Meridian, as a wild river. ``(K) Antelope creek.--The approximately 10.1-mile segment of Antelope Creek from and including the headwaters to the north boundary of NE\1/4\ sec. 9, T. 37 S., R. 37 E., Willamette Meridian, as a wild river. ``(L) Cottonwood creek.--The approximately 7.4-mile segment of Cottonwood Creek from and including the headwaters to the confluence with Whitehorse Creek, as a wild river. ``(M) Doolittle creek.--The approximately 8.6-mile segment of Doolittle Creek from and including the headwaters to the confluence with Whitehorse Creek, as a wild river. ``(N) Indian creek.-- ``(i) Upper.--The approximately 3-mile segment of Indian Creek from and including the headwaters to the south boundary of T. 40 S., R. 40 E., sec. 24, Willamette Meridian, as a wild river. ``(ii) Lower.--The approximately 6.8-mile of Indian Creek from the south boundary of T. 40 S., R. 40 E., sec. 24, Willamette Meridian, to the confluence with McDermitt Creek, as a scenic river. ``(O) Sage creek.--The approximately 4.2-mile segment of Sage Creek from and including the headwaters to the east boundary of T. 41 S., R. 39 E., sec. 17, Willamette Meridian, as a wild river. ``(P) Line canyon creek.--The approximately 3.9- mile segment of Line Canyon Creek from and including the headwaters to the east boundary of SW\1/4\SW\1/4\ sec. 21, T. 41 S., R. 39 E., Willamette Meridian, as a wild river. ``(272) Oregon dunes, oregon.--The following segments, to be administered by the Secretary of Agriculture in the following classes: ``(A) Berry creek and lily lake.-- ``(i) Berry creek.--The approximately 3.9- mile segment of Berry Creek from and including the headwaters to the Pacific Ocean, as a scenic river. ``(ii) Quarry creek.--The approximately .5- mile segment of Quarry Creek from the south boundary of T. 17 S., R. 12 W., sec. 15, Willamette Meridian, including Lily Lake, to the confluence with Berry Creek, as a scenic river. ``(B) Sutton creek.--The approximately 4.2-mile segment of Sutton Creek from the mouth of Sutton Lake to the Pacific Ocean, as a scenic river. ``(C) Siltcoos river.--The approximately 1.7-mile segment of the Siltcoos River from Tyee Campground to the Pacific Ocean, as a scenic river. ``(D) Tahkenitch creek.--The approximately 2.9-mile segment of Tahkenitch Creek from the 100 feet below U.S. Route 101 to the Pacific Ocean, as a wild river. ``(E) Threemile creek.--The approximately 2.1-mile segment of Threemile Creek from the Oregon Dunes National Recreation Area boundary to the Pacific Ocean, as a scenic river. ``(F) Threemile lake.--Threemile Lake (including associated wetlands, ponds, and tributaries of Threemile Lake) and Butterfly Lake, as a wild river. ``(G) Tenmile creek.--The approximately 2.1-mile segment of Tenmile Creek from the eastern boundary of the Oregon Dunes National Recreation Area to the Pacific Ocean, as a wild river. ``(H) Accommodating nature.--In preparing the detailed boundaries of the segments designated by this paragraph, the Secretary of Agriculture shall-- ``(i) accommodate the dynamic nature of the stream mouths entering the Pacific Ocean; and ``(ii) if determined to be appropriate by the Secretary of Agriculture, expand the detailed boundaries of the applicable segment to accommodate significant movement of a stream mouth. ``(273) Pipe fork, oregon.--The following segments, to be administered by the Secretary of Agriculture and the Secretary of the Interior in the following classes: ``(A) Mainstem.-- ``(i) Upper.--The approximately 0.7-mile segment of Pipe Fork from and including the headwaters (including Larkspur Spring) to the confluence with an unnamed tributary in SW\1/ 4\SW\1/4\ sec. 35, T. 39 S., R. 5 W., Willamette Meridian, as a wild river. ``(ii) Lower.--The approximately 0.8-mile segment of Pipe Fork from the confluence with an unnamed tributary in SW\1/4\SW\1/4\ sec. 35, T. 39 S., R. 5 W., Willamette Meridian, as a scenic river. ``(B) Unnamed tributary.--The approximately 0.8- mile segment of an unnamed tributary from and including the headwaters to the confluence with Pipe Fork in SW\1/4\SW\1/4\ sec. 35, T. 39 S., R. 5 W., Willamette Meridian, as a wild river. ``(274) Pistol, oregon.--The following segments, to be administered by the Secretary of Agriculture in the following classes: ``(A) Mainstem.--The approximately 6.6-mile segment of the Pistol River from and including the headwaters to the west boundary of T. 38 S., R. 13 W., sec. 2, Willamette Meridian, as a scenic river. ``(B) Forks.-- ``(i) North fork.--The approximately 4.6- mile segment of the North Fork Pistol River from and including the headwaters to the south boundary of T. 37 S., R. 13 W., sec. 32, Willamette Meridian, as a scenic river. ``(ii) East fork.--The approximately 4.6- mile segment of the East Fork Pistol River from the confluence with Windy Creek and Cedar Creek to the confluence with Pistol River, as a wild river. ``(C) Tributaries.-- ``(i) Cedar creek.--The approximately 1.3- mile segment of Cedar Creek from and including the headwaters to the confluence with Windy Creek, as a wild river. ``(ii) Meadow creek.--The approximately 2.9-mile segment of Meadow Creek from and including the headwaters including Snow Camp Meadow to the confluence with the Pistol River, as a scenic river. ``(iii) Sunrise creek.--The approximately 4.2-mile segment of Sunrise Creek from and including the headwaters to north boundary of T. 38 S., R. 13 E., sec. 21, Willamette Meridian, as a scenic river. ``(iv) Panther lake creek.--The approximately 2.7-mile segment of an unnamed tributary arising from and including Panther Lake to the confluence with the East Fork Pistol River, as a wild river. ``(v) Windy creek.--The approximately 4.4- mile segment of Windy Creek from and including the headwaters to the confluence with Cedar Creek, as a wild river. ``(275) Pueblo mountains, oregon.--The following segments, to be administered by the Secretary of the Interior in the following classes: ``(A) Denio creek.--The approximately 5.9-mile segment of Denio Creek from and including the headwaters to the south boundary of NE\1/4\NW\1/4\ sec. 20, T. 41 S., R. 35 E., Willamette Meridian, as a wild river. ``(B) Van horn creek.--The approximately 6.8-mile segment of Van Horn Creek from and including the headwaters to the north boundary of T. 41 S., R. 35 E., sec. 4, Willamette Meridian, as a wild river. ``(C) Arizona creek.--The approximately 3.4-mile segment of Arizona Creek from and including the headwaters to 0.01 miles west of Fields-Denio County Road 201, as a wild river. ``(D) Little cottonwood creek.--The approximately 6.9-mile segment of Little Cottonwood Creek from and including the headwaters to 0.01 mile west of Fields- Denio County Road 201, as a wild river. ``(E) Willow creek.--The approximately 4.7-mile segment of Willow Creek from and including the headwaters to 0.01 mile west of Fields-Denio County Road 201, as a wild river. ``(276) Rattlesnake creek, oregon.--The approximately 11.3- mile segment of Rattlesnake Creek from the south boundary of T. 37 S., R. 44 E., sec. 4, Willamette Meridian, to the north boundary of SE\1/4\ sec. 19, T. 35 S., R. 42 E., Willamette Meridian, to be administered by the Secretary of the Interior as a wild river. ``(277) Scotch creek, oregon and california.--The following segments, to be administered by the Secretary of the Interior in the following classes: ``(A) Mainstem.-- ``(i) Upper.--The approximately 6.9-mile segment of Scotch Creek from and including the headwaters to the confluence with Slide Creek, as a wild river. ``(ii) Lower.-- ``(I) In general.--The approximately 1.2-mile segment of Scotch Creek from the confluence with Slide Creek to the Iron Gate Reservoir pool, as a recreational river. ``(II) Extension.--On the removal of Iron Gate Dam, the lower terminus of the segment designated by subclause (I) shall extend to the confluence with the Klamath River. ``(B) Tributaries.-- ``(i) Slide creek.--The approximately 5.7- mile segment of Slide Creek from and including the headwaters to the confluence with Scotch Creek, as a wild river. ``(ii) Brushy gulch.--The approximately 3.2-mile segment of Brushy Gulch from and including the headwaters to the confluence with Slide Creek, as a wild river. ``(iii) Wildcat gulch.--The approximately 2.3-mile segment of Wildcat Gulch from and including the headwaters to the confluence with Slide Creek, as a wild river. ``(278) Seldom creek, oregon.--The following segments, to be administered by the Secretary of Agriculture in the following classes: ``(A) Mainstem.--The approximately 4-mile segment of Seldom Creek from the eastern right-of-way edge of the county road that intersects with Oregon Route 140 in SE\1/4\NE\1/4\ sec. 35, T. 36 S., R. 5 E., Willamette Meridian, to the confluence with Fourmile Creek, to be administered by the Secretary of Agriculture as a scenic river. ``(B) Mountain lakes creek.--The approximately 2.4- mile segment of an unnamed stream, locally known as `Mountain Lakes Creek', from the Mountain Lakes Wilderness boundary to the confluence with Seldom Creek in T. 36 S., R. 5 E., sec. 36, Willamette Meridian, to be administered by the Secretary of Agriculture as a scenic river. ``(279) Silver creek, oregon.--The following segments, to be administered by the Secretary of Agriculture and the Secretary of the Interior in the following classes: ``(A) Mainstem.-- ``(i) Uppermost.--The approximately 5.3- mile segment of Silver Creek from the north boundary of SE\1/4\SE\1/4\ sec. 16, T. 19 S., R. 26 E., Willamette Meridian, to 0.01 mile below Forest Service Road 45S, as a recreational river. ``(ii) Upper.--The approximately 15.8-mile segment of Silver Creek from 0.01 mile below Forest Service Road 45S to the confluence with Sawmill Creek, as a wild river. ``(iii) Middle.--The approximately 0.5-mile segment of Silver Creek from the confluence with Sawmill Creek to the south boundary of T. 21 S., R. 26 E., sec. 20, Willamette Meridian, as a recreational river. ``(iv) Lower.--The approximately 3.3-mile segment of Silver Creek from the south boundary of T. 21 S., R. 26 E., sec. 20, Willamette Meridian, to the confluence with Nicoll Creek, as a recreational river. ``(v) Lowermost.--The approximately 1.5 mile segment of Silver Creek from the confluence with Nicoll Creek to the south boundary of T. 22 S., R. 25 E., sec. 13, Willamette Meridian, as a wild river. ``(B) Wickiup creek.--The approximately 7.2-mile segment of Wickiup Creek from and including the headwaters to the west boundary of T. 21 S., R. 26 E., sec. 11, Willamette Meridian, as a scenic river. ``(280) Silvies, oregon.--The approximately 3.3-mile segment of the Silvies River from the north boundary of T. 21 S., R. 29 E., sec. 14, SW\1/4\, NE\1/4\, Willamette Meridian, to the east boundary of T. 21 S., R. 29 E., sec. 25, SW\1/4\, NE\1/4\, Willamette Meridian, to be administered by the Secretary of Agriculture and the Secretary of the Interior as a scenic river. ``(281) Sitka Spruce, Oregon.--The following segments, to be administered by the Secretary of Agriculture in the following classes: ``(A) Gwynn creek.--The approximately 2.8-mile segment of Gwynn Creek from and including the headwaters to the Pacific Ocean, as a scenic river. ``(B) Cape creek.--The approximately 3.2-mile segment of Cape Creek from and including the headwaters to the Pacific Ocean, as a scenic river. ``(C) North cape creek.--The approximately 1.4-mile segment of North Cape Creek from and including the headwaters to the Pacific Ocean, as a scenic river. ``(282) Cedar log creek, oregon.--The approximately 1.7- mile segment of Cedar Log Creek from and including the headwaters to the confluence with Slate Creek, to be administered by the Secretary of Agriculture as a wild river. ``(283) Smith, oregon.--The following segments, to be administered by the Secretary of Agriculture and the Secretary of the Interior in the following classes: ``(A) Mainstem.--The approximately 67.9-mile segment of Smith River from and including the headwaters to the confluence with Spencer Creek, as a recreational river. ``(B) Forks.-- ``(i) North fork smith river.--The approximately 15.4-mile segment from the north boundary of S\1/2\ sec. 7, T. 19 S., R. 9 W., Willamette Meridian, to the south boundary of N\1/2\NE\1/4\ sec. 32, T. 19 S., R. 10 W., Willamette Meridian, as a scenic river. ``(ii) West fork smith river.--The approximately 16.9-mile segment of the West Fork Smith River from and including the headwaters to the confluence with the Smith River, as a recreational river. ``(iii) South fork smith river.--The approximately 7.7-mile segment of the South Fork Smith River from and including the headwaters to the confluence with the Smith River, as a recreational river. ``(C) Tributaries.-- ``(i) Middle fork north fork smith river.-- The approximately 4.9-mile segment of the Middle Fork North Fork Smith River from and including the headwaters to the confluence with North Fork Smith River, as a scenic river. ``(ii) West branch north fork smith river.--The approximately 3.2-mile segment of the West Branch of the North Fork Smith River from and including the headwaters to the confluence with the North Fork Smith River, as a scenic river. ``(iii) Little south fork smith river.--The approximately 3.1-mile segment of the Little South Fork Smith River from and including the headwaters to the confluence with the South Fork Smith River, to be administered by the Secretary of the Interior as a recreational river. ``(iv) Kentucky creek.--The approximately 1.8-mile segment of Kentucky Creek from the east boundary of T. 19 S., R. 9 W., sec. 17, Willamette Meridian, to the confluence with the North Fork Smith River, as a scenic river. ``(284) South fork alsea, oregon.--The approximately 9.3- mile segment of the South Fork Alsea River from and including the headwaters to the Bureau of Land Management boundary in T. 14 S., R. 7 W., sec. 26, Willamette Meridian, to be administered by the Secretary of the Interior as a recreational river. ``(285) South fork coquille, oregon.--The following segments, to be administered by the Secretary of Agriculture in the following classes: ``(A) Mainstem.--The approximately 25.6-mile segment of the South Fork Coquille River from the west boundary of T. 32 S., R. 10 W., sec. 4, Willamette Meridian, to the Rogue River-Siskiyou National Forest boundary, as a recreational river. ``(B) Tributaries.-- ``(i) Johnson creek.--The approximately 7.4-mile segment of Johnson Creek from and including the headwaters to the confluence with the South Fork Coquille River, as a scenic river. ``(ii) Jim hayes creek.--The approximately 1.5-mile segment of Jim Hayes Creek from and including the headwaters to the confluence with Johnson Creek, as a wild river. ``(iii) Rock creek.--The approximately 6.4- mile segment of Rock Creek from the Forest Service boundary in T. 33 S., R. 12 W., sec. 32, Willamette Meridian, to the confluence with the South Fork Coquille River, as a scenic river. ``(iv) Sucker creek.--The approximately 3.9-mile segment of Sucker Creek from and including the headwaters to the confluence with Johnson Creek, as a wild river. ``(286) Crooked creek, oregon.--The following segments, to be administered by the Secretary of Agriculture in the following classes: ``(A) Mainstem.--The approximately 5.5-mile segment from the confluence of North Fork Crooked Creek and South Fork Crooked Creek to the Fremont National Forest boundary, as a wild river. ``(B) Forks.-- ``(i) North fork.--The approximately 1.9- mile segment of North Fork Crooked Creek from and including the headwaters to the confluence with South Fork Crooked Creek, as a scenic river. ``(ii) South fork.--The approximately 1.9- mile segment of South Fork Crooked Creek from and including the headwaters to the confluence with North Fork Crooked Creek, as a scenic river. ``(287) South fork crooked, oregon.--The approximately 15.4-mile segment of the South Fork Crooked River from the south boundary of N\1/2\ sec. 11, T. 19 S., R. 22 E., Willamette Meridian, to the north boundary of T. 17 S., R. 22 E., sec. 24, Willamette Meridian, to be administered by the Secretary of the Interior as a wild river. ``(288) South fork little butte creek, oregon.--The following segments, to be administered by the Secretary of Agriculture and the Secretary of the Interior in the following classes: ``(A) Mainstem.-- ``(i) Upper.--The approximately 6.2-mile segment of South Fork Little Butte Creek from and including the headwaters to South Fork Dam pool, as a recreational river. ``(ii) Lower.--The approximately 8.5-mile segment of South Fork Little Butte Creek from 150 feet below South Fork Dam, as a recreational river. ``(B) Tributaries.-- ``(i) Lost creek.--The approximately 2.4- mile segment of Lost Creek from the south boundary of T. 37 S., R. 2 E., sec. 35, Willamette Meridian, and including Lost Lake, to 50 feet above the diversion structure in SE\1/4\NW\1/4\ sec. 27, T. 37 S., R. 2 E., Willamette Meridian, as a wild river. ``(ii) Bybee gulch.--The approximately 0.8- mile segment of Bybee Gulch from the east boundary of NW\1/4\ sec. 1, T. 38 S., R. 2 E., Willamette Meridian, to the confluence with Lost Creek at the waterfalls in SE\1/4\SE\1/4\ sec. 35, T. 37 S., R. 2 E., Willamette Meridian, as scenic river. ``(iii) Dead indian creek.--The approximately 3-mile segment of Dead Indian Creek from the east boundary of T. 38 S., R. 3 E., sec. 3, Willamette Meridian, to the confluence with Little South Fork Butte Creek, as a scenic river. ``(289) Sixes, oregon.--The following segments, to be administered by the Secretary of Agriculture and the Secretary of the Interior in the following classes: ``(A) Mainstem.--The approximately 4.2-mile segment of the Sixes River from the east boundary of T. 32 S., R. 13 W., sec. 8, Willamette Meridian, to the east boundary of NE\1/4\SE\1/4\ sec. 11, T. 32 S., R. 14 W., Willamette Meridian, as a recreational river. ``(B) South fork.--The approximately 7.3-mile segment of the South Fork Sixes River from and including the headwaters to the west boundary of T. 32 S., R. 13 W., sec. 18, Willamette Meridian, as a wild river. ``(C) North fork dry creek.--The approximately 3.1- mile segment of North Fork Dry Creek from and including the headwaters to the confluence with Dry Creek, as a wild river. ``(D) Bee creek.--The approximately 2.3-mile segment of Bee Creek from and including the headwaters to the confluence with the South Fork Sixes River, as a wild river. ``(290) Smith, oregon.--The 0.9-mile segment of the Smith River from and including the headwaters of Rowdy Creek to the border between the States of Oregon and California, to be administered by the Secretary of Agriculture as a wild river. ``(291) South fork indian creek, oregon.--The following segments, to be administered by the Secretary of the Interior in the following classes: ``(A) Mainstem.--The approximately 3.1-mile segment of South Fork Indian Creek from the downstream right- of-way boundary of Gregory Road in SE\1/4\SE\1/4\ sec. 19, T. 18 S., R. 39 E., Willamette Meridian, to the east boundary of SW\1/4\ sec. 15, T. 18 S., R. 39 E., Willamette Meridian, as a wild river. ``(B) Unnamed tributary.--The approximately 0.7- mile segment of an unnamed tributary from the west boundary of SW\1/4\SE\1/4\ sec. 20, T. 18 S., R. 39 E., Willamette Meridian, to the confluence with South Fork Indian Creek, as a wild river. ``(292) South fork sprague river, oregon.--The following segments, to be administered by the Secretary of Agriculture in the following classes: ``(A) Mainstem.-- ``(i) Upper.--The approximately 9.3-mile segment of the South Fork Sprague River from the Gearhart Mountain Wilderness boundary in T. 36 S., R. 16 E., sec. 1, Willamette Meridian, to the west boundary of NE\1/4\ sec. 10, T. 37 E., R. 16 E., Willamette Meridian, as a scenic river. ``(ii) Middle.--The approximately 6.8-mile segment of the South Fork Sprague River from south boundary of NW\1/4\SE\1/4\ sec. 1, T. 37 S., R. 15 E., Willamette Meridian, to the north boundary of S\1/2\NW\1/4\ sec. 8, T. 37 S., R. 15 E., Willamette Meridian, as a scenic river. ``(B) Tributaries.-- ``(i) Corral creek.--The approximately 0.8- mile segment of Corral Creek from the Gearhart Mountain Wilderness boundary to the confluence with the South Fork Sprague River, as a scenic river. ``(ii) Camp creek.--The approximately 2- mile segment of Camp Creek from the Gearhart Mountain Wilderness boundary to the confluence with the South Fork Sprague River, as a scenic river. ``(iii) Brownsworth creek.--The approximately 1.7-mile segment of Brownsworth Creek from the north boundary of SE\1/4\ sec. 36, T. 36 S., R. 15 E., Willamette Meridian, to the confluence with the South Fork Sprague River, as a scenic river. ``(iv) Deming creek.--The approximately 5- mile segment of Deming Creek from the Gearhart Wilderness boundary to the south boundary of T. 36 S., R. 15 E., sec. 9, Willamette Meridian, as a scenic river. ``(293) South santiam, oregon.--The following segments, to be administered by the Secretary of Agriculture in the following classes: ``(A) Mainstem.--The approximately 13.2-mile segment of the South Santiam River from the confluence of Sevenmile Creek and Latiwi Creek to the west boundary of T. 13 S., R. 3 E., sec. 34, Willamette Meridian, as a recreational river. ``(B) Tributaries.-- ``(i) Sevenmile creek.--The approximately 4.9-mile segment of Sevenmile Creek from the south boundary of NE\1/4\ sec. 13, T. 14 S., R. 5 E., Willamette Meridian, to the confluence with Latiwi Creek, as a scenic river. ``(ii) Latiwi creek.--The approximately 3.9-mile segment of Latiwi Creek from and including the headwaters to the confluence with Sevenmile Creek, as a scenic river. ``(iii) Sheep creek.--The approximately 2.6-mile segment of Sheep Creek from the east boundary of T. 13 S., R. 5 E., sec. 28, Willamette Meridian, to the confluence with the South Santiam River, as a recreational river. ``(iv) Cub creek.--The approximately 2-mile segment of Cub Creek from and including the headwaters to the confluence with Moose Creek, as a scenic river. ``(v) Boulder creek.--The approximately 3.5-mile segment of Boulder Creek from and including the headwaters to the confluence with the South Santiam River, as a wild river. ``(vi) Elk creek.--The approximately 2-mile segment of Elk Creek from and including the headwaters to the confluence with the South Santiam River, as a wild river. ``(vii) Moose creek.--The approximately 10.1-mile segment of Moose Creek from the Forest Service boundary 0.4 mile upstream from the western edge of T. 13 S., R. 4 E., sec. 4, Willamette Meridian, to the confluence with the South Santiam River, as a scenic river. ``(viii) Falls creek.-- ``(I) Upper.--The approximately 3.6-mile segment of Falls Creek from the source at and including Gordon Meadows to 100 feet above the hydroelectric diversion, as a wild river. ``(II) Lower.--The approximately 2.6-mile segment of Falls Creek from 100 feet below the hydroelectric diversion to the confluence with the South Santiam River, as a scenic river. ``(294) Succor creek, oregon.-- ``(A) Mainstem.--The approximately 14-mile segment of Succor Creek from the west boundary of NE\1/4\SE\1/ 4\ sec. 17, T. 25 S., R. 46 E., Willamette Meridian, to 50 feet above the diversion dam in SE\1/4\NE\1/4\ sec. 28, T. 23 S., R. 46 E., Willamette Meridian, to be administered by the Secretary of the Interior as a scenic river. ``(B) Tributaries.-- ``(i) South fork carter creek.--The approximately 2.2-mile segment of South Fork Carter Creek from the south boundary of NW\1/ 4\NE\1/4\ sec. 11, T. 27 S., R. 45 E., Willamette Meridian, to the north boundary S\1/ 2\NW\1/4\ sec. 36, T. 26 S., R. 45 E., Willamette Meridian, as a wild river. ``(ii) Unnamed tributary of south fork carter creek.--The approximately 0.8-mile segment of an unnamed tributary to South Fork Carter Creek from the south boundary of NW\1/4\ sec. 12, T. 27 S., R. 45 E., Willamette Meridian to the confluence with South Fork Carter Creek in SE\1/4\SE\1/4\ sec. 2, T. 27 S., R. 45 E., Willamette Meridian, as a wild river. ``(295) Trout creek mountains, oregon.--The following segments, to be administered by the Secretary of the Interior in the following classes: ``(A) Willow creek.-- ``(i) Upper.--The approximately 12-mile segment of Willow Creek from and including the headwaters to the north boundary of SW\1/ 4\NW\1/4\ sec. 2, T. 39 S., R. 38 E., Willamette Meridian, as a wild river. ``(ii) Lower.--The approximately 8-mile segment of Willow Creek from the north boundary of SW\1/4\NW\1/4\ sec. 2, T. 39 S., R. 38 E., Willamette Meridian, to the north boundary of T. 37 S., R. 36 E., sec. 22, Willamette Meridian, as a scenic river. ``(B) Big trout creek.--The approximately 12.4-mile segment of Big Trout Creek from the east boundary of SW\1/4\NE\1/4\ sec. 15, T. 41 S., R. 38 E., Willamette Meridian, to the north boundary of T. 39 S., R. 37 E., sec. 35, Willamette Meridian, as a wild river. ``(C) East fork big trout creek.--The approximately 6.7-mile segment of East Fork Big Trout Creek from and including the headwaters to the confluence with Big Trout Creek, as a wild river. ``(D) Little trout creek.-- ``(i) Upper.--The approximately 6-mile segment of Little Trout Creek from and including the headwaters to the north boundary of T. 39 S., R. 37 E., sec. 24, Willamette Meridian, as a wild river. ``(ii) Lower.--The approximately 1.7-mile segment of Little Trout Creek from the north boundary of T. 39 S., R. 37 E., sec. 24, Willamette Meridian, to the west boundary of NE\1/4\ sec. 14, T. 39 S., R. 37 E., Willamette Meridian, as a scenic river. ``(E) Kings river.--The approximately 2.1-mile segment of Kings River from the Oregon-Nevada border to the Nevada-Oregon border, as a wild river. ``(296) Twelvemile creek, oregon.--The following segments, to be administered by the Secretary of Agriculture and the Secretary of the Interior in the following classes: ``(A) Mainstem.-- ``(i) Upper.--The approximately 5.8-mile segment of Twelvemile Creek from and including the headwaters to the east boundary of T. 41 S., R. 22 E., sec. 23, Willamette Meridian, as a wild river. ``(ii) Middle.--The approximately 6.9-mile segment of Twelvemile Creek from the west boundary of SE\1/4\ sec. 20, T. 41 S., R. 23 E., Willamette Meridian, to the north boundary of SE\1/4\SW\1/4\ sec. 12, T. 41 S., R. 23 E., Willamette Meridian, as a wild river. ``(B) Forks.-- ``(i) North fork.--The approximately 3.8- mile segment of North Fork Twelvemile Creek from and including the headwaters to the confluence with Twelvemile Creek, as a wild river. ``(ii) South fork.--The approximately 2- mile segment of South Fork Twelvemile Creek from and including the headwaters to the confluence with Twelvemile Creek, as a wild river. ``(297) Tumalo creek, oregon.--The following segments, to be administered by the Secretary of Agriculture in the following classes: ``(A) Mainstem.--The approximately 11.6-mile segment of Tumalo Creek from the confluence of North Fork Tumalo Creek and Middle Fork Tumalo Creek to the east boundary of T. 17 S., R. 11 E., sec. 33, Willamette Meridian, as a recreational river. ``(B) Forks.-- ``(i) Middle fork.--The approximately 4.8- mile segment of Middle Fork Tumalo Creek from and including the headwaters to the confluence with North Fork Tumalo Creek, as a wild river. ``(ii) South fork.--The approximately 2.4- mile segment of South Fork Tumalo Creek from and including the headwaters to the confluence with Tumalo Creek, as a wild river. ``(iii) North fork.--The approximately 2.2- mile segment of North Fork Tumalo Creek from the Three Sisters Wilderness boundary to the confluence with Middle Fork Tumalo Creek, as a wild river. ``(C) Bridge creek.--The approximately 3.6-mile segment of Bridge Creek from and including the headwaters to 0.01 mile above the diversion dam, as a wild river. ``(298) Umatilla headwaters, oregon.--The following segments, to be administered by the Secretary of Agriculture in the following classes: ``(A) Mainstem.--The approximately 8-mile segment of the Umatilla River from the confluence of the North Fork Umatilla River and the South Fork Umatilla River to the Umatilla Indian Reservation, as a recreational river. ``(B) Forks.-- ``(i) North fork umatilla river.-- ``(I) Upper.--The approximately 2- mile segment of the North Fork Umatilla River from and including the headwaters to the North Fork Umatilla Wilderness boundary, as a scenic river. ``(II) Lower.--The approximately 0.3-mile segment of the North Fork Umatilla River from the North Fork Umatilla Wilderness boundary to the confluence with the South Fork Umatilla River, as a recreational river. ``(ii) South fork umatilla river.-- ``(I) Upper.--The approximately 7.2-mile segment of the South Fork Umatilla River from and including the headwaters to 0.01 mile above Forest Service Road 32, as a wild river. ``(II) Lower.--The approximately 4.1-mile segment of South Fork Umatilla River from 0.01 mile above Forest Service Road 32 to the confluence with the North Fork Umatilla River, as a recreational river. ``(C) Tributaries.-- ``(i) Pearson creek.--The approximately 8.2-mile segment of Pearson Creek from and including the headwaters to the north boundary of T. 3 S., R. 33 E., sec. 4, Willamette Meridian, as a recreational river. ``(ii) Bobsled creek.--The approximately 4- mile segment of Bobsled Creek from and including the headwaters to the confluence with the Umatilla River, as a wild river. ``(iii) Ryan creek.--The approximately 7.1- mile segment of Ryan Creek from and including the headwaters to the confluence with the Umatilla River, as a wild river. ``(iv) Shimmiehorn creek.--The approximately 6.7-mile segment of Shimmiehorn Creek from and including the headwaters to the confluence with the South Fork Umatilla River, as a wild river. ``(v) Thomas creek.--The approximately 2.4- mile segment of Thomas Creek from the confluence with Spring Creek to the confluence with the South Fork Umatilla River, as a recreational river. ``(vi) Spring creek.--The approximately 5.7-mile segment of Spring Creek from the headwaters to the confluence with the South Fork Umatilla River, as a recreational river. ``(299) Applegate, oregon.--The following segments, to be administered by the Secretary of Agriculture and the Secretary of the Interior in the following classes: ``(A) Kinney creek.--The approximately 4.2-mile segment of Kinney Creek from and including the headwaters to the east boundary of NE\1/4\SE\1/4\ sec. 18, T. 40 S., R. 3 W., Willamette Meridian, to be administered by the Secretary of Agriculture as a recreational river. ``(B) Palmer creek.-- ``(i) Mainstem.--The approximately 5-mile segment of Palmer Creek from and including the headwaters to the west boundary of T. 40 S., R. 3 W., sec. 7, Willamette Meridian, as a recreational river. ``(ii) Tributaries.-- ``(I) Sourdough gulch.--The approximately 1.4-mile segment of Sourdough Gulch from and including the headwaters to the confluence with Palmer Creek, as a recreational river. ``(II) Lime gulch.--The approximately 0.9-mile segment of Lime Gulch from and including the headwaters to the confluence with Palmer Creek, as a recreational river. ``(III) Bailey gulch.--The approximately 1.6-mile segment of Bailey Gulch from and including the headwaters to the confluence with Palmer Creek, as a recreational river. ``(IV) Nine dollar gulch.--The approximately 3.1-mile segment of Nine Dollar Gulch from and including the headwaters to the confluence with Palmer Creek, as a recreational river. ``(V) Dark canyon.--The approximately 1.6-mile segment of Dark Canyon from and including the headwaters to the confluence with Palmer Creek, as a recreational river. ``(C) Mule creek.-- ``(i) Mainstem.--The approximately 3.6-mile segment of Mule Creek from and including the headwaters to the west boundary of T. 40 S., R. 3 W., sec. 17, Willamette Meridian, as a wild river. ``(ii) Hole in the ground creek.--The approximately 1.1-mile segment of Hole in the Ground Creek from and including the headwaters to the confluence with Mule Creek, as a wild river. ``(D) Star gulch.-- ``(i) Mainstem.--The approximately 7.7-mile segment of Star Gulch from and including the headwaters to the east boundary of NW\1/4\ sec. 28, T. 39 S., R. 3 W., Willamette Meridian, as a recreational river. ``(ii) Tributaries.-- ``(I) 1918 gulch.--The approximately 1.6-mile segment of 1918 Gulch from and including the headwaters to the confluence with Star Gulch, as a scenic river. ``(II) 1917 gulch.--The approximately 1.2-mile segment of 1917 Gulch from and including the headwaters to the confluence with Star Gulch, as a scenic river. ``(III) 1916 gulch.--The approximately 0.9-mile segment of 1916 Gulch from and including the headwaters to the confluence with Star Gulch, as a scenic river. ``(IV) Ladybug gulch.--The approximately 1.7-mile segment of Ladybug Gulch from and including the headwaters to the confluence with Star Gulch, as a scenic river. ``(V) Deadman gulch.--The approximately 0.7-mile segment of Deadman Gulch from and including the headwaters to the confluence with Star Gulch, as a scenic river. ``(300) Upper klamath lake marsh, oregon.--The following segments, to be administered by the Secretary of Agriculture and the Secretary of the Interior in the following classes: ``(A) Crystal creek.--The approximately 9.4-mile segment of Crystal Creek from and including the source at Crystal Spring (including Malone Springs) to Pelican Bay, as a scenic river. ``(B) Recreation creek.-- ``(i) In general.--The approximately 2.3- mile segment of Recreation Creek from the diffluence with Crystal Creek to Pelican Bay, as a scenic river. ``(ii) Non-federal land.--The Secretary of Agriculture and the Secretary of the Interior shall not include any non-Federal land or National Forest System land in which recreational cabins are located within the detailed boundaries required under subsection (b) for the segment designated by clause (i). ``(C) Cherry creek.--The approximately 0.5-mile segment of Cherry Creek from the south boundary of N\1/ 2\SE\1/4\, SE\1/4\NE\1/4\ sec. 11, T. 34 S., R. 6 E., Willamette Meridian, to the confluence with Fourmile Creek, as a scenic river. ``(301) Upper warm springs, oregon.--The approximately 6.5- mile segment of the Warms Springs River from and including the headwaters (including Warm Springs Meadow, Trapper Springs Meadow, and an unnamed meadow located between Warm Springs Meadow and Trapper Springs Meadow) to the Mount Hood National Forest boundary, to be administered by the Secretary of Agriculture as a scenic river. ``(302) West steens mountain, oregon.--The following segments, to be administered by the Secretary of the Interior in the following classes: ``(A) Big bridge creek.--The approximately 4.9-mile segment of Big Bridge Creek from the west boundary of NE\1/4\NE\1/4\ sec. 14, T. 32 S., R. 32.75 E., Willamette Meridian, to the confluence with Little Bridge Creek, as a wild river. ``(B) Little bridge creek.--The approximately 4.1- mile segment of Little Bridge Creek from the west boundary of SE\1/4\NE\1/4\ sec. 11, T. 32 S., R. 32.75 E., Willamette Meridian, to the confluence with Big Bridge Creek, as a wild river. ``(C) Krumbo creek.--The approximately 12.5-mile segment of Krumbo Creek from and including the headwaters to Krumbo Reservoir, as a scenic river. ``(D) Mccoy creek.--The approximately 15.6-mile segment of McCoy Creek from and including the headwaters to the north boundary of T. 31 S., R. 33 E., sec. 6, Willamette Meridian, as a wild river. ``(E) Mud creek.--The approximately 5.7-mile segment of Mud Creek from the east boundary of T. 32 S., R. 32.75 E., sec. 19, Willamette Meridian, to the Malheur National Wildlife Refuge boundary, as a wild river. ``(F) Home creek.--The approximately 4.9-mile segment of Home Creek from the east boundary of T. 35 S., R. 32.5 E., sec. 17, Willamette Meridian, to the west boundary of SE\1/4\NE\1/4\ sec. 10, T. 35 S., R. 32 E., Willamette Meridian, as a wild river. ``(303) Willamina creek, oregon.--The approximately 6-mile segment of Willamina Creek from the south boundary of T. 4 S., R. 6 E., sec. 5, Willamette Meridian, to the west boundary of T. 4 S., R. 7 W., sec. 25, Willamette Meridian, to be administered by the Secretary of the Interior as a recreational river. ``(304) Williamson, oregon.--The approximately 9.3-mile segment of the Williamson River from the west boundary of W\1/ 2\ sec. 12, T. 33 S., R. 7 E., Willamette Meridian, to the confluence with Spring Creek, to be administered by the Secretary of Agriculture as a scenic river. ``(305) Winchuck, oregon.--The following segments, to be administered by the Secretary of Agriculture in the following classes: ``(A) Mainstem.--The approximately 2.4-mile segment of the Winchuck River from the confluence of the East Fork Winchuck River and Wheeler Creek to the west boundary of T. 41 S., R. 12 W., sec. 10, Willamette Meridian, as a recreational river. ``(B) Tributaries.-- ``(i) East fork winchuck river.--The approximately 7.6-mile segment of the East Fork Winchuck River from and including the headwaters to the confluence with Wheeler Creek, as a scenic river. ``(ii) Fourth of july creek.--The approximately 4.8-mile segment of Fourth of July Creek from and including the headwaters to the confluence with the East Fork Winchuck River, as a scenic river. ``(iii) Wheeler creek.-- ``(I) Upper.--The approximately 7.2-mile segment of Wheeler Creek from and including the headwaters to the confluence with Willow Creek, as a scenic river. ``(II) Lower.--The approximately 4.1-mile segment of Wheeler Creek from the confluence with Willow Creek to the confluence with the East Fork Winchuck River, as a recreational river. ``(iv) Moser creek.--The approximately 1- mile segment of Moser Creek from and including the headwaters to the west boundary of E\1/2\ sec. 18, T. 41 S., R. 12 W., Willamette Meridian, as a wild river. ``(v) Unnamed tributary.--The approximately 0.6-mile segment of an unnamed tributary generally flowing parallel to Moser Creek from and including the headwaters in T. 41 S., R. 12 W., sec. 7, Willamette Meridian, to the edge of the National Forest System land, as a wild river. ``(306) Yachats, oregon.--The approximately 4-mile segment of the Yachats River from and including the headwaters to the north boundary of T. 15 S., R. 10 W., sec. 7, Willamette Meridian, to be administered by the Secretary of Agriculture as a scenic river. ``(307) North fork trask river, oregon.--The following segments, to be administered by the Secretary of the Interior, in the following classes: ``(A) The approximately 11.9-mile segment of the North Fork Trask River from the confluence with the Middle Fork of the North Fork Trask River to the confluence with the Trask River, as a recreational river. ``(B) The approximately 6.5-mile segment of the Middle Fork of the North Fork Trask River from 0.1 mile below Barney Reservoir to the confluence with the North Fork Trask River, as a recreational river. ``(308) Marks creek, oregon.--The following segments, to be administered by the Secretary of Agriculture, in the following classes: ``(A) Upper.--The approximately 2.2-mile segment of Marks Creek from and including the headwaters to the entry of private land in NE\1/4\ sec. 2, T. 13 S., R. 19 E., Willamette Meridian, as a recreational river. ``(B) Middle.--The approximately 9.2-mile segment of Marks Creek from the Forest Service ownership boundary in T. 13 S., R. 19 E., sec. 9, Willamette Meridian, to the south boundary of T. 14 S., R. 18 E., sec. 11, Willamette Meridian, as a recreational river. ``(309) West fork hood river, oregon.-- ``(A) Mainstem.--The approximately 5.6-mile segment from the confluence of McGee Creek and Elk Creek to the Mount Hood National Forest boundary in T. 1 S., R. 8.5 E., sec. 1, to be administered by the Secretary of Agriculture as a recreational river. ``(B) Tributaries.-- ``(i) Lake branch.--The approximately 8.3- mile segment from the source at Lost Lake to the Mount Hood National Forest boundary, to be administered by the Secretary of Agriculture, as a recreational river. ``(ii) Mcgee creek.--The approximately 5.6- mile segment from and including the headwaters to the confluence with Elk Creek, as a scenic river. ``(310) Still creek, oregon.--The approximately 12.2-mile segment from the west boundary of E\1/2\NW\1/4\ sec. 25, T. 3 S., R. 8.5 E., Willamette Meridian, to be administered by the Secretary of Agriculture as a recreational river. ``(311) Middle fork fivemile creek, oregon.--The approximately 7.7-mile segment from and including the headwaters to the confluence with the South Fork Fivemile Creek, to be administered by the Secretary of Agriculture as a scenic river.''. SEC. 9. PROTECTION OF CERTAIN AREAS. (a) Essential Serpentine Wetland Withdrawal.-- (1) Definitions.--In this subsection: (A) Essential serpentine wetland.--The term ``essential serpentine wetland'' means an essential wetland in the State of Oregon or California identified in the interagency conservation strategy. (B) Interagency conservation strategy.--The term ``interagency conservation strategy'' means the joint document prepared by the Forest Service and the Bureau of Land Management entitled ``Conservation Strategy for Epilobium oreganum, Gentiana setigera, Hastingsia bracteosa var. bracteosa, H. bracteosa var. atropurpurea, and Viola primulifolia ssp. occidentalis in Serpentine Darlingtonia Wetlands of Southwest Oregon and Northwest California'' and dated 2018. (C) Secretaries.--The term ``Secretaries'' means the Secretary of Agriculture and the Secretary of the Interior, acting jointly. (2) Withdrawal.--Subject to valid existing rights, all Federal land that is included in an essential serpentine wetland is withdrawn from all forms of-- (A) entry, appropriation, new rights-of-way, or disposal under the public land laws; (B) location, entry, and patent under the mining laws; and (C) disposition under all laws relating to mineral and geothermal leasing or mineral materials. (3) Maps.-- (A) Publication.--Not later than 1 year after the date of enactment of this Act, the Secretaries shall publish a large-scale draft map and descriptions of each essential serpentine wetland, to be prepared in accordance with the interagency conservation strategy, that include-- (i) the essential serpentine wetland; and (ii) any additional area of land or water that contributes to the maintenance of the direct hydrologic regime of the essential serpentine wetland. (B) Public review.--During the 90-day period beginning on the date of publication of the draft maps and descriptions under subparagraph (A), the Secretaries shall provide an opportunity for the public to review, and provide comments on, the draft maps and descriptions published under that subparagraph. (C) Final withdrawal maps.--After responding to any comments received during the public review period under subparagraph (B), the Secretaries shall publish on appropriate websites, and record in appropriate databases, final maps depicting the boundaries of each essential serpentine wetland. (4) Implementation of the interagency conservation strategy.--The Secretaries shall give priority to implementing the interagency conservation strategy, including by amending applicable land and resource management plans to reflect-- (A) the land allocation of essential serpentine wetland; and (B) the management strategy applicable to essential serpentine wetland. (b) Illinois Watershed Special Management Areas Withdrawal.-- (1) Definition of special management area.--In this subsection, the term ``special management area'' means each of the following: (A) The Eight Dollar Mountain Botanical Area. (B) The Page Mountain Botanical Area. (C) The Bolan Lake Botanical Area. (D) The Grayback Mountain Botanical Area. (E) The Game Lake Botanical Area. (F) The Sourgame Botanical Area. (G) The Snow Camp Botanical Area. (H) The Oregon Mountain Botanical Area. (I) The Eight Dollar Mountain Area of Critical Environmental Concern. (J) The Rough and Ready Flat Area of Critical Environmental Concern. (K) The Brewer Spruce Area of Critical Environmental Concern. (L) The West Fork Illinois River Area of Critical Environmental Concern. (M) The Waldo-Takilma Area of Critical Environmental Concern. (N) The French Flat Area of Critical Environmental Concern. (O) The Rough and Ready Area of Critical Environmental Concern. (P) The Woodcock Bog Area of Critical Environmental Concern. (Q) The Reeves Creek Area of Critical Environmental Concern. (R) The Deer Creek Area of Critical Environmental Concern. (S) The North Fork Silver Creek Area of Critical Environmental Concern. (2) Withdrawal.--To more fully protect and enhance the outstandingly remarkable values for which the Illinois Wild and Scenic River was established and expanded and to advance the conservation of botanical and other values of land in the special management areas, subject to valid existing rights, the Federal land within the boundaries of the special management areas is withdrawn from all forms of-- (A) entry, appropriation, or disposal under the public land laws; (B) location, entry, and patent under the mining laws; and (C) disposition under all laws relating to mineral and geothermal leasing or mineral materials. <all>

River Democracy Act of 2021

A bill to amend the Wild and Scenic Rivers Act to designate certain river segments in the State of Oregon as components of the National Wild and Scenic Rivers System, and for other purposes.

River Democracy Act of 2021

Sen. Wyden, Ron

D

OR

S.1426

Taxation

Parent Tax Credit Act This bill allows an eligible individual a tax credit of $6,000 ($12,000 in the case of a joint tax return), with a limitation based on a minimum earned income level. The bill defines eligible individual as any individual who has a qualifying child who is not yet 13. The eligible individual may not be a nonresident alien, any alien unlawfully present in the United States, and any individual who is a dependent of another taxpayer. To be eligible for the credit, the taxpayer must include on the return of tax a valid Social Security account number. The bill requires the Internal Revenue Service to establish a program for making advance payments of the credit to taxpayers on a monthly basis. The bill terminates the child and dependent care tax credit after 2021.

To amend the Internal Revenue Code of 1986 to establish a refundable tax credit for parents. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Parent Tax Credit Act''. SEC. 2. ESTABLISHMENT OF PARENT TAX CREDIT. (a) In General.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 36B the following new section: ``SEC. 36C. PARENT TAX CREDIT. ``(a) In General.--In the case of an eligible individual, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to $6,000 ($12,000 in the case of a joint return). ``(b) Limitation Based on Earned Income.-- ``(1) In general.--No credit shall be allowed under this section to any taxpayer for any taxable year in which the earned income (as defined in section 32(c)(2)) of such taxpayer during such taxable year is not equal to or greater than the minimum income level. ``(2) Minimum income level.--For purposes of this subsection, the minimum income level shall be an amount equal to the product of-- ``(A) the minimum wage rate in effect under section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)), multiplied by ``(B) 1040 hours. ``(c) Eligible Individual.--The term `eligible individual' means any individual-- ``(1) who, for the taxable year, has a qualifying child (as defined in section 152(c)) who has not attained age 13 as of the close of such taxable year, and ``(2) other than-- ``(A) any nonresident alien individual, ``(B) any alien (as defined in section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)) who is unlawfully present in the United States (within the meaning of that Act), and ``(C) any individual with respect to whom a deduction under section 151 is allowable to another taxpayer for a taxable year beginning in the calendar year in which the individual's taxable year begins. ``(d) Identification Number Requirement.-- ``(1) In general.--No credit shall be allowed under subsection (a) to an eligible individual who does not include on the return of tax for the taxable year-- ``(A) such individual's valid identification number, ``(B) in the case of a joint return, the valid identification number of such individual's spouse, and ``(C) in the case of a qualifying child described in subsection (c)(1), the valid identification number of such qualifying child. ``(2) Valid identification number.-- ``(A) In general.--For purposes of paragraph (1), the term `valid identification number' means a social security number (as such term is defined in section 24(h)(7)). ``(B) Adoption taxpayer identification number.--For purposes of paragraph (1)(C), in the case of a qualifying child who is adopted or placed for adoption, the term `valid identification number' shall include the adoption taxpayer identification number of such child. ``(3) Special rule for members of the armed forces.-- Paragraph (1)(B) shall not apply in the case where at least 1 spouse was a member of the Armed Forces of the United States at any time during the taxable year and at least 1 spouse satisfies paragraph (1)(A). ``(4) Mathematical or clerical error authority.--Any omission of a correct valid identification number required under this subsection shall be treated as a mathematical or clerical error for purposes of applying section 6213(g)(2) to such omission. ``(e) Taxable Year Must Be Full Taxable Year.--Except in the case of a taxable year closed by reason of the death of the taxpayer, no credit shall be allowable under this section in the case of a taxable year covering a period of less than 12 months. ``(f) Restrictions on Taxpayer Who Improperly Claimed Credit in Prior Year.--Rules similar to the rules under section 24(g) shall apply for purposes of this section. ``(g) Adjustment for Inflation.-- ``(1) In general.--In the case of any taxable year beginning after 2022, each dollar amount in subsection (a) 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. ``(2) Rounding.--If any increase under paragraph (1) is not a multiple of $100, such increase shall be rounded to the next lowest multiple of $100.''. (b) Advance Payment of Credit.-- (1) In general.--Chapter 77 of the Internal Revenue Code of 1986, as amended by section 9611(b) of the American Rescue Plan Act of 2021 (Public Law 117-2), is amended by inserting after section 7527A the following new section: ``SEC. 7527B. ADVANCE PAYMENT OF PARENT TAX CREDIT. ``(a) In General.--As soon as practicable after the date of the enactment of this section, the Secretary shall establish a program for making advance payments of the credit allowed under section 36C (determined without regard to subsection (h) of such section), on a monthly basis, to taxpayers (with the exception of any taxpayer who elects not to receive such payments pursuant to subsection (c)(1)). ``(b) Limitation.--With respect to any taxable year, the Secretary may make payments under subsection (a) only to the extent that-- ``(1) the total amount of such payments made to any taxpayer during such taxable year does not exceed the amount estimated by the Secretary as would be allowable under section 36C for such taxable year, as estimated based on-- ``(A) any information provided by the taxpayer under subsection (c)(2), or ``(B) if no information described in subparagraph (A) has been provided, any information with respect to such taxpayer for the most recent taxable year for which a return has been filed by the taxpayer, and ``(2) for each monthly payment, such payment does not exceed an amount equal to the quotient of-- ``(A) the amount of the credit estimated under paragraph (1) for such taxable year, divided by ``(B) 12. ``(c) On-Line Information Portal.--The Secretary shall establish an on-line portal which allows taxpayers to-- ``(1) elect not to receive payments under this section, and ``(2) provide information to the Secretary which would be relevant to the determination under subsection (b)(1), including information regarding-- ``(A) for purposes of section 36C(c)(1), whether the taxpayer has any qualifying children, including by reason of the birth of a child, ``(B) a change in the taxpayer's marital status, ``(C) a significant change in the taxpayer's earned income, and ``(D) any other factor which the Secretary may provide. ``(d) Notice of Payments.--Not later than January 31 of the calendar year following any calendar year during which the Secretary makes one or more payments to any taxpayer under this section, the Secretary shall provide such taxpayer with a written notice which includes the taxpayer's taxpayer identity (as defined in section 6103(b)(6)), the aggregate amount of such payments made to such taxpayer during such calendar year, and such other information as the Secretary determines appropriate. ``(e) Administrative Provisions.-- ``(1) Application of electronic funds payment requirement.--The payments made by the Secretary under subsection (a) shall be made by electronic funds transfer to the same extent and in the same manner as if such payments were Federal payments not made under this title. ``(2) Application of certain rules.--Rules similar to the rules of subparagraphs (B) and (C) of section 6428A(f)(3) shall apply for purposes of this section.''. (2) Reconciliation of credit and advance credit.--Section 36C of such Code, as added by subsection (a), is amended by adding at the end the following: ``(h) Reconciliation of Credit and Advance Credit.-- ``(1) In general.--The amount of the credit allowed under this section for any taxable year shall be reduced (but not below zero) by the aggregate amount of any advance payments of such credit under section 7527B for such taxable year. ``(2) Failure to satisfy earned income requirement.--In the case of any taxpayer who received any advance payment under section 7527B for the taxable year and whose earned income for such taxable year was not equal to or greater than the minimum income level (as determined under subsection (b)(2)), for the period of 2 taxable years subsequent to such taxable year-- ``(A) no advance payment may be provided under section 7527B to such taxpayer in either taxable year during such period, and ``(B) the amount of the credit which would (but for this paragraph) otherwise be allowable to such taxpayer under subsection (a) in either taxable year during such period shall be reduced by one-half of such amount.''. (c) Exception From Reduction or Offset.--Any credit allowed to any individual under section 36C of the Internal Revenue Code of 1986 (as added by subsection (a)) or any advance payment of such credit under section 7527B of such Code (as added under subsection (b)) shall not be-- (1) subject to reduction or offset pursuant to section 3716 or 3720A of title 31, United States Code, (2) subject to reduction or offset pursuant to subsection (d), (e), or (f) of section 6402 of the Internal Revenue Code of 1986, or (3) reduced or offset by other assessed Federal taxes that would otherwise be subject to levy or collection. (d) Conforming Amendments.-- (1) Section 6211(b)(4)(A) of the Internal Revenue Code of 1986 is amended-- (A) by inserting ``36C,'' after ``36B,'', and (B) by striking ``and 7527A'' and inserting ``7527A, and 7527B''. (2) Section 6213(g)(2)(L) of such Code is amended by inserting ``36C,'' after ``32,''. (3) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended-- (A) by inserting ``36C,'' after ``36B,'', and (B) by striking ``or 7527A'' and inserting ``7527A, or 7527B''. (4) The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 36B the following new item: ``Sec. 36C. Parent Tax Credit.''. (5) The table of sections for chapter 77 of such Code is amended by inserting after the item relating to section 7527A the following new item: ``Sec. 7527B. Advance payment of Parent Tax Credit.''. (e) Termination of Child and Dependent Care Credit.--Section 21 of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``(i) Termination.--This section shall not apply to any taxable year beginning after December 31, 2021.''. (f) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2021. <all>

Parent Tax Credit Act

A bill to amend the Internal Revenue Code of 1986 to establish a refundable tax credit for parents.

Parent Tax Credit Act

Sen. Hawley, Josh

R

MO

H.R.8131

Commerce

Increasing Competition for Medical Residency Act This bill repeals the antitrust exemption for graduate medical resident matching programs.

To amend the Pension Funding Equity Act of 2004 to repeal the antitrust exemption applicable to graduate medical resident matching programs. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Increasing Competition for Medical Residency Act''. SEC. 2. REPEALER. Section 207 of the Pension Funding Equity Act of 2004 (15 U.S.C. 37B) is repealed. SEC. 3. EFFECTIVE DATE. This Act shall take effect on the March 18 that 1st occurs after the date of the enactment of this Act. <all>

Increasing Competition for Medical Residency Act

To amend the Pension Funding Equity Act of 2004 to repeal the antitrust exemption applicable to graduate medical resident matching programs.

Increasing Competition for Medical Residency Act

Rep. Spartz, Victoria

R

IN

H.R.4921

Social Welfare

Strengthening Social Security Act of 2021 This bill expands benefits, and increases specified taxes, related to the Social Security retirement and disability benefits program. Changes to benefits include (1) increasing the primary insurance amount for certain beneficiaries, (2) calculating cost-of-living adjustments by using a price index that tracks the spending patterns of older consumers, and (3) establishing an alternative benefit for widows or widowers in two-income households. Changes to taxes include phasing out the cap on earnings subject to the Social Security payroll tax. Under current law, the maximum amount subject to this tax is $142,800.

To improve the retirement security of American families by strengthening Social 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 ``Strengthening Social Security Act of 2021''. SEC. 2. DETERMINATION OF TAXABLE WAGES AND SELF-EMPLOYMENT INCOME ABOVE CONTRIBUTION AND BENEFIT BASE AFTER 2022. (a) Determination of Taxable Wages Above Contribution and Benefit Base After 2022.-- (1) Amendments to the internal revenue code of 1986.-- Section 3121 of the Internal Revenue Code of 1986 is amended-- (A) in subsection (a)(1), by inserting ``the applicable percentage (determined under subsection (c)(1)) of'' before ``that part of the remuneration''; and (B) in subsection (c), by striking ``(c) Included and Excluded Service.--For purposes of this chapter, if'' and inserting the following: ``(c) Special Rules for Wages and Employment.-- ``(1) Applicable percentage of remuneration in determining taxable wages.--For purposes of subsection (a)(1), the applicable percentage for a calendar year shall be equal to-- ``(A) for 2023, 80 percent, ``(B) for 2024 through 2026, the applicable percentage under this paragraph for the previous year, decreased by 20 percentage points, and ``(C) for 2027 and each year thereafter, 0 percent. ``(2) Included and excluded service.--For purposes of this chapter, if''. (2) Amendments to the social security act.--Section 209 of the Social Security Act (42 U.S.C. 409) is amended-- (A) in subsection (a)(1)(I)-- (i) by inserting ``and before 2023'' after ``1974''; and (ii) by inserting ``and'' after the semicolon; (B) in subsection (a)(1), by adding at the end the following new subparagraph: ``(J) The applicable percentage (determined under subsection (l)) of that part of remuneration which, after remuneration (other than remuneration referred to in the succeeding subsections of this section) equal to the contribution and benefit base (determined under section 230) with respect to employment has been paid to an individual during any calendar year after 2022 with respect to which such contribution and benefit base is effective, is paid to such individual during such calendar year;''; and (C) by adding at the end the following new subsection: ``(l) For purposes of subsection (a)(1)(J), the applicable percentage for a calendar year shall be equal to-- ``(1) for 2023, 80 percent, ``(2) for 2024 through 2026, the applicable percentage under this subsection for the previous year, decreased by 20 percentage points, and ``(3) for 2027 and each year thereafter, 0 percent.''. (3) Effective date.--The amendments made by this subsection shall apply with respect to remuneration paid in calendar years after 2022. (b) Determination of Taxable Self-Employment Income Above Contribution and Benefit Base After 2022.-- (1) Amendments to the internal revenue code of 1986.-- Section 1402 of the Internal Revenue Code of 1986 is amended-- (A) in subsection (b)(1), by striking ``that part of the net earnings'' and all that follows through ``minus'' and inserting the following: ``an amount equal to the applicable percentage (as determined under subsection (d)(2)) of that part of the net earnings from self-employment which is in excess of the difference (not to be less than zero) between (i) an amount equal to the contribution and benefit base (as determined under section 230 of the Social Security Act) which is effective for the calendar year in which such taxable year begins, and''; and (B) in subsection (d)-- (i) by striking ``(d) Employee and Wages.-- The term'' and inserting the following: ``(d) Rules and Definitions.-- ``(1) Employee and wages.--The term''; and (ii) by adding at the end the following: ``(2) Applicable percentage of net earnings from self- employment in determining taxable self-employment income.--For purposes of subsection (b)(1), the applicable percentage for a taxable year beginning in any calendar year referred to in such paragraph shall be equal to-- ``(A) for 2023, 80 percent, ``(B) for 2024 through 2026, the applicable percentage under this paragraph for the previous year, decreased by 20 percentage points, and ``(C) for 2027 and each year thereafter, 0 percent.''. (2) Amendments to the social security act.--Section 211 of the Social Security Act (42 U.S.C. 411) is amended-- (A) in subsection (b)-- (i) in paragraph (1)(I)-- (I) by striking ``or'' after the semicolon; and (II) by inserting ``and before 2023'' after ``1974''; (ii) by redesignating paragraph (2) as paragraph (3); and (iii) by inserting after paragraph (1) the following: ``(2) For any taxable year beginning in any calendar year after 2022, an amount equal to the applicable percentage (as determined under subsection (l)) of that part of net earnings from self-employment which is in excess of the difference (not to be less than zero) between-- ``(A) an amount equal to the contribution and benefit base (as determined under section 230) that is effective for such calendar year, and ``(B) the amount of the wages paid to such individual during such taxable year, or''; and (B) by adding at the end the following: ``(l) For purposes of subsection (b)(2), the applicable percentage for a taxable year beginning in any calendar year referred to in such paragraph shall be equal to-- ``(1) for 2023, 80 percent, ``(2) for 2024 through 2026, the applicable percentage under this subsection for the previous year, decreased by 20 percentage points, and ``(3) for 2027 and each year thereafter, 0 percent.''. (3) Effective date.--The amendments made by this subsection shall apply with respect to taxable years beginning during or after calendar year 2023. SEC. 3. ADJUSTMENTS TO BEND POINTS IN DETERMINING PRIMARY INSURANCE AMOUNT AND INCLUSION OF SURPLUS EARNINGS FOR BENEFIT DETERMINATIONS. (a) Adjustments Relating to First Bend Point.-- (1) Increase in first bend point factor.-- (A) In general.--Section 215(a)(1)(A)(i) of the Social Security Act (42 U.S.C. 415(a)(1)(A)(i)) is amended by striking ``90 percent'' and inserting ``95 percent''. (B) Effective date; application rule.--The amendment made by subparagraph (A) shall apply with respect to computations or recomputations of primary insurance amounts made on or after January 1, 2027, except that section 215(a)(1)(A)(i) of the Social Security Act shall be applied by making the following substitutions for ``95 percent'' for computations and recomputations made in the following calendar years: (i) For calendar year 2027, by substituting ``91 percent''. (ii) For calendar year 2028, by substituting ``92 percent''. (iii) For calendar year 2029, by substituting ``93 percent''. (iv) For calendar year 2030, by substituting ``94 percent''. (2) Increase in first bend point.--Section 215(a)(1)(B) of such Act (42 U.S.C. 415(a)(1)(B)) is amended-- (A) by redesignating clause (iii) as clause (iv); and (B) by inserting after clause (ii) the following new clause: ``(iii) With respect to computations or recomputations of primary insurance amounts made on or after January 1, 2027, the amount determined under clause (i) of this subparagraph for purposes of subparagraph (A)(i) for such calendar year shall be increased by-- ``(I) for calendar year 2028, 1 percent, ``(II) for each of calendar years 2029 through 2041, the percent determined under this clause for the preceding year increased by 1 percentage point, and ``(III) for calendar year 2042 and each year thereafter, 15 percent.''. (3) Application of increase; recomputations.--The amendments made by this subsection shall apply with respect to every individual who becomes entitled to old-age or disability insurance benefits under title II of the Social Security Act, or who dies (before becoming so entitled), in any calendar year. Notwithstanding section 215(f)(1) of the Social Security Act, the Commissioner of Social Security shall recompute the primary insurance amount of each such individual on the first day of each calendar year during the period beginning with calendar year 2027 and ending with calendar year 2042 to the extent necessary to carry out the amendments made by this section. (b) Inclusion of Surplus Average Indexed Monthly Earnings in Determination of Primary Insurance Amounts.--Section 215(a)(1)(A) of the Social Security Act (42 U.S.C. 415(a)(1)(A)) is amended-- (1) in clauses (i), (ii), and (iii), by inserting ``basic'' before ``average indexed monthly earnings'' each place it appears; (2) in clause (ii), by striking ``and'' at the end; (3) in clause (iii), by adding ``and'' at the end; and (4) by inserting after clause (iii) the following new clause: ``(iv) 5 percent of the individual's surplus average indexed monthly earnings,''. (c) Basic AIME and Surplus AIME.-- (1) Basic aime.--Section 215(b)(1) of such Act (42 U.S.C. 415(b)(1)) is amended-- (A) by inserting ``basic'' before ``average''; and (B) in subparagraph (A), by striking ``paragraph (3)'' and inserting ``paragraph (3)(A)'' and by inserting before the comma the following: ``to the extent such total does not exceed the contribution and benefit base for the applicable year''. (2) Surplus aime.-- (A) In general.--Section 215(b)(1) of such Act (as amended by paragraph (1)) is amended-- (i) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively; (ii) by inserting ``(A)'' after ``(b)(1)''; and (iii) by adding at the end the following new subparagraph: ``(B)(i) An individual's surplus average indexed monthly earnings shall be equal to the quotient obtained by dividing-- ``(I) the total (after adjustment under paragraph (3)(B)) of such individual's surplus earnings (determined under clause (ii)) for such individual's benefit computation years (determined under paragraph (2)), by ``(II) the number of months in those years. ``(ii) For purposes of clause (i) and paragraph (3)(B), an individual's surplus earnings for a benefit computation year are the total of such individual's wages paid in and self-employment income credited to such benefit computation year, to the extent such total (before adjustment under paragraph (3)(B)) exceeds the contribution and benefit base for such year.''. (B) Conforming amendment.--The heading for section 215(b) of such Act is amended by striking ``Average Indexed Monthly Earnings'' and inserting ``Basic Average Indexed Monthly Earnings; Surplus Average Indexed Monthly Earnings''. (3) Adjustment of surplus earnings for purposes of determining surplus aime.--Section 215(b)(3) of such Act (42 U.S.C. 415(b)(3)) is amended-- (A) in subparagraph (A), by striking ``subparagraph (B)'' and inserting ``subparagraph (C)'' and by inserting ``and determination of basic average indexed monthly income'' after ``paragraph (2)''; (B) by redesignating subparagraph (B) as subparagraph (C); and (C) by inserting after subparagraph (A) the following new subparagraph: ``(B) For purposes of determining under paragraph (1)(B) an individual's surplus average indexed monthly earnings, the individual's surplus earnings (described in paragraph (2)(B)(ii)) for a benefit computation year shall be deemed to be equal to the product of-- ``(i) the individual's surplus earnings for such year (as determined without regard to this subparagraph), and ``(ii) the quotient described in subparagraph (A)(ii).''. (d) Effective Date.--The amendments made by subsections (b) and (c) shall apply with respect to individuals who initially become eligible (within the meaning of section 215(a)(3)(B) of the Social Security Act) for old-age or disability insurance benefits under title II of the Social Security Act, or who die (before becoming eligible for such benefits), in any calendar year after 2027. SEC. 4. CONSUMER PRICE INDEX FOR ELDERLY CONSUMERS. (a) In General.--The Bureau of Labor Statistics of the Department of Labor shall prepare and publish an index for each calendar month to be known as the ``Consumer Price Index for Elderly Consumers'' that indicates changes over time in expenditures for consumption which are typical for individuals in the United States who have attained early retirement age (as defined under section 216(l)(2) of the Social Security Act (42 U.S.C. 416(l)(2)) for purposes of an old-age, wife's, or husband's insurance benefit). (b) Effective Date.--Subsection (a) shall apply with respect to calendar months ending on or after June 30 of the calendar year in which this Act is enacted. (c) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out the provisions of this section. SEC. 5. COMPUTATION OF COST-OF-LIVING INCREASES FOR SOCIAL SECURITY BENEFITS. (a) In General.--Section 215(i) of the Social Security Act (42 U.S.C. 415(i)) is amended-- (1) in paragraph (1)(G), by inserting before the period the following: ``, and, with respect to any monthly insurance benefit payable under this title, effective for adjustments under this subsection to the primary insurance amount on which such benefit is based (or to any such benefit under section 227 or 228), the applicable Consumer Price Index shall be deemed to be the Consumer Price Index for Elderly Consumers and such primary insurance amount shall be deemed adjusted under this subsection using such Index''; and (2) in paragraph (4), by striking ``and by section 9001'' and inserting ``, by section 9001'', and by inserting after ``1986,'' the following: ``and by section 5(a) of the Strengthening Social Security Act of 2021,''. (b) Conforming Amendments in Applicable Former Law.--Section 215(i)(1)(C) of the Social Security Act, as in effect in December 1978 and applied in certain cases under the provisions of such Act in effect after December 1978, is amended by inserting before the period the following: ``, and, with respect to any monthly insurance benefit payable under this title, effective for adjustments under this subsection to the primary insurance amount on which such benefit is based (or to any such benefit under section 227 or 228), the applicable Consumer Price Index shall be deemed to be the Consumer Price Index for Elderly Consumers and such primary insurance amount shall be deemed adjusted under this subsection using such Index''. (c) Effective Date.--The amendments made by this section shall apply to determinations made by the Commissioner of Social Security under section 215(i)(2) of the Social Security Act (42 U.S.C. 415(i)(2)) with respect to cost-of-living computation quarters ending on or after September 30, 2022. SEC. 6. IMPROVING SOCIAL SECURITY BENEFITS FOR WIDOWS AND WIDOWERS IN TWO-INCOME HOUSEHOLDS. (a) In General.-- (1) Widows.--Section 202(e) of the Social Security Act (42 U.S.C. 402(e)) is amended-- (A) in paragraph (1)-- (i) in subparagraph (B), by inserting ``and'' at the end; (ii) in subparagraph (C)(iii), by striking ``and'' at the end; (iii) by striking subparagraph (D); (iv) by redesignating subparagraphs (E) and (F) as subparagraphs (D) and (E), respectively; and (v) in the flush matter following subparagraph (E)(ii), as so redesignated, by striking ``or becomes entitled to an old-age insurance benefit'' and all that follows through ``such deceased individual,''; (B) by striking subparagraph (A) in paragraph (2) and inserting the following: ``(2)(A) Except as provided in subsection (k)(5), subsection (q), and subparagraph (D) of this paragraph, such widow's insurance benefit for each month shall be equal to the greater of-- ``(i) subject to paragraph (9), the primary insurance amount (as determined for purposes of this subsection after application of subparagraphs (B) and (C)) of such deceased individual, or ``(ii) subject to paragraphs (9) and (10), in the case of a fully insured widow or surviving divorced wife, 75 percent of the sum of any old-age or disability insurance benefit for which the widow or the surviving divorced wife is entitled for such month and the primary insurance amount (as determined for purposes of this subsection after application of subparagraphs (B) and (C)) of such deceased individual.''; (C) in paragraph (5)-- (i) in subparagraph (A), by striking ``paragraph (1)(F)'' and inserting ``paragraph (1)(E)''; and (ii) in subparagraph (B), by striking ``paragraph (1)(F)(i)'' and inserting ``paragraph (1)(E)(i)''; and (D) by adding at the end the following new paragraphs: ``(9) For purposes of clauses (i) and (ii) of paragraph (2)(A), in the case of a surviving divorced wife, the amount determined under either such clause (and, for purposes of clause (ii) of paragraph (2)(A), as determined after application of paragraph (10)) shall be equal to the applicable percentage (as determined under section 202(b)(2)(B)) of such amount (as determined before application of this paragraph but after application of subsection (k)(3)). ``(10) For purposes of paragraph (2)(A)(ii), the amount determined under such paragraph shall not exceed the primary insurance amount for such month of a hypothetical individual-- ``(A) who became entitled to old-age insurance benefits upon attaining early retirement age during the month in which the deceased individual referred to in paragraph (1) became entitled to old-age or disability insurance benefits, or died (before becoming entitled to such benefits), and ``(B) to whom wages and self-employment income were credited in each of such hypothetical individual's elapsed years (within the meaning of section 215(b)(2)(B)(iii)) in an amount equal to the national average wage index (as described in section 209(k)(1)) for each such year.''. (2) Widowers.--Section 202(f) of the Social Security Act (42 U.S.C. 402(f)) is amended-- (A) in paragraph (1)-- (i) in subparagraph (B), by inserting ``and'' at the end; (ii) in subparagraph (C)(iii), by striking ``and'' at the end; (iii) by striking subparagraph (D); (iv) by redesignating subparagraphs (E) and (F) as subparagraphs (D) and (E), respectively; and (v) in the flush matter following subparagraph (E)(ii), as so redesignated, by striking ``or becomes entitled to an old-age insurance benefit'' and all that follows through ``such deceased individual,''; (B) by striking subparagraph (A) in paragraph (2) and inserting the following: ``(2)(A) Except as provided in subsection (k)(5), subsection (q), and subparagraph (D) of this paragraph, such widower's insurance benefit for each month shall be equal to the greater of-- ``(i) subject to paragraph (9), the primary insurance amount (as determined for purposes of this subsection after application of subparagraphs (B) and (C)) of such deceased individual, or ``(ii) subject to paragraphs (9) and (10), in the case of a fully insured widower or surviving divorced husband, 75 percent of the sum of any old-age or disability insurance benefit for which the widower or the surviving divorced husband is entitled for such month and the primary insurance amount (as determined for purposes of this subsection after application of subparagraphs (B) and (C)) of such deceased individual.''; (C) in paragraph (5)-- (i) in subparagraph (A), by striking ``paragraph (1)(F)'' and inserting ``paragraph (1)(E)''; and (ii) in subparagraph (B), by striking ``paragraph (1)(F)(i)'' and inserting ``paragraph (1)(E)(i)''; and (D) by adding at the end the following new paragraphs: ``(9) For purposes of clauses (i) and (ii) of paragraph (2)(A), in the case of a surviving divorced husband, the amount determined under either such clause (and, for purposes of clause (ii) of paragraph (2)(A), as determined after application of paragraph (10)) shall be equal to the applicable percentage (as determined under section 202(c)(2)(B)) of such amount (as determined before application of this paragraph but after application of subsection (k)(3)). ``(10) For purposes of paragraph (2)(A)(ii), the amount determined under such paragraph shall not exceed the primary insurance amount for such month of a hypothetical individual-- ``(A) who became entitled to old-age insurance benefits upon attaining early retirement age during the month in which the deceased individual referred to in paragraph (1) became entitled to old-age or disability insurance benefits, or died (before becoming entitled to such benefits), and ``(B) to whom wages and self-employment income were credited in each of such hypothetical individual's elapsed years (within the meaning of section 215(b)(2)(B)(iii)) in an amount equal to the national average wage index (as described in section 209(k)(1)) for each such year.''. (b) Effective Date.--The amendments made by this section shall apply with respect to widow's and widower's insurance benefits payable for months after December 2022. SEC. 7. HOLDING SSI BENEFICIARIES HARMLESS. For purposes of determining the income of an individual to establish eligibility for, and the amount of, benefits payable under title XVI of the Social Security Act, the amount of any benefit to which the individual is entitled under title II of such Act shall be deemed not to exceed the amount of the benefit that would be determined for such individual under such title as in effect on the day before the date of the enactment of this Act. <all>

Strengthening Social Security Act of 2021

To improve the retirement security of American families by strengthening Social Security.

Strengthening Social Security Act of 2021

Rep. Sánchez, Linda T.

D

CA

H.R.1425

Taxation

This bill repeals the limitation on the amount of distilled spirits excise taxes covered over (paid) to the treasuries of the Virgin Islands and Puerto Rico.

To amend the Internal Revenue Code of 1986 to repeal the limitation on the cover over of distilled spirits taxes to the Virgin Islands and Puerto Rico. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. REPEAL OF LIMITATION ON COVER OVER OF DISTILLED SPIRITS TAXES. (a) In General.--Section 7652 of the Internal Revenue Code of 1986 is amended by striking subsection (f) and by redesignating subsections (g), (h), and (i) as subsections (f), (g), and (h), respectively. (b) Conforming Amendment.--Section 7652(f)(1) of such Code, as redesignated by subsection (a), is amended-- (1) by striking subparagraph (B), and (2) by striking ``as if--'' and all that follows through ``the use and tax'' and inserting ``as if the use and tax''. (c) Effective Date.--The amendments made by this section shall apply to distilled spirits brought into the United States after December 31, 2020. <all>

To amend the Internal Revenue Code of 1986 to repeal the limitation on the cover over of distilled spirits taxes to the Virgin Islands and Puerto Rico.

To amend the Internal Revenue Code of 1986 to repeal the limitation on the cover over of distilled spirits taxes to the Virgin Islands and Puerto Rico.

Official Titles - House of Representatives Official Title as Introduced To amend the Internal Revenue Code of 1986 to repeal the limitation on the cover over of distilled spirits taxes to the Virgin Islands and Puerto Rico.

Del. Plaskett, Stacey E.

D

VI

H.R.7419

Crime and Law Enforcement

Victims of Child Abuse Act Reauthorization Act of 2022 This bill reauthorizes for FY2022-FY2028 and otherwise revises grants for local and regional children's advocacy centers (CACs). CACs coordinate a multidisciplinary response to child abuse.

To reauthorize the Victims of Child Abuse Act of 1990, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Victims of Child Abuse Act Reauthorization Act of 2022''. SEC. 2. IMPROVING INVESTIGATION AND PROSECUTION OF CHILD ABUSE CASES. The Victims of Child Abuse Act of 1990 (34 U.S.C. 20301 et seq.) is amended-- (1) in section 211 (34 U.S.C. 20301)-- (A) in paragraph (1)-- (i) by striking ``3,300,000'' and inserting ``3,400,000''; and (ii) by striking ``, and drug abuse is associated with a significant portion of these''; (B) by redesignating paragraphs (3) through (8) as paragraphs (4) through (9), respectively; (C) by inserting afer paragraph (2) the following: ``(3) a key to a child victim healing from abuse is access to supportive and healthy families and communities;''; and (D) in paragraph (9)(B), as so redesignated, by inserting ``, and operations of centers'' before the period at the end; (2) in section 212 (34 U.S.C. 20302)-- (A) in paragraph (5), by inserting ``coordinated team'' before ``response''; and (B) in paragraph (8), by inserting ``organizational capacity'' before ``support''; (3) in section 213 (34 U.S.C. 20303)-- (A) in subsection (a)-- (i) in the heading, by inserting ``and Maintenance'' after ``Establishment''; (ii) in the matter preceding paragraph (1)-- (I) by striking ``, in coordination with the Director of the Office of Victims of Crime,''; and (II) by inserting ``and maintain'' after ``establish''; (iii) in paragraph (3)-- (I) by striking ``and victim advocates'' and inserting ``victim advocates, multidisciplinary team leadership, and children's advocacy center staff''; and (II) by striking ``and'' at the end; (iv) by redesignating paragraph (4) as paragraph (5); (v) by inserting after paragraph (3) the following: ``(4) provide technical assistance, training, coordination, and organizational capacity support for State chapters; and''; and (vi) in paragraph (5), as so redesignated, by striking ``and oversight to'' and inserting ``organizational capacity support, and oversight of''; (B) in subsection (b)-- (i) in paragraph (1)-- (I) in subparagraph (A), by inserting ``and maintain'' after ``establish''; and (II) in the matter following subparagraph (B), by striking ``and technical assistance to aid communities in establishing'' and inserting ``training and technical assistance to aid communities in establishing and maintaining''; and (ii) in paragraph (2)-- (I) in subparagraph (A)-- (aa) in clause (ii), by inserting ``Center'' after ``Advocacy''; and (bb) in clause (iii), by striking ``of, assessment of, and intervention in'' and inserting ``and intervention in child''; and (II) in subparagraph (B), by striking ``centers and interested communities'' and inserting ``centers, interested communities, and chapters''; and (C) in subsection (c)-- (i) in paragraph (2)-- (I) in subparagraph (B), by striking ``evaluation, intervention, evidence gathering, and counseling'' and inserting ``investigation and intervention in child abuse''; and (II) in subparagraph (E), by striking ``judicial handling of child abuse and neglect'' and inserting ``multidisciplinary response to child abuse''; (ii) in paragraph (3)(A)(i), by striking ``so that communities can establish multidisciplinary programs that respond to child abuse'' and inserting ``and chapters so that communities can establish and maintain multidisciplinary programs that respond to child abuse and chapters can establish and maintain children's advocacy centers in their State''; (iii) in paragraph (4)(B)-- (I) in clause (iii), by striking ``and'' at the end; (II) in by redesignating clause (iv) as clause (v); and (III) by inserting after clause (iii) the following: ``(iv) best result in supporting chapters in each State; and''; and (iv) in paragraph (6), by inserting ``under this Act'' after ``recipients''; (4) in section 214 (34 U.S.C. 20304)-- (A) by striking subsection (a) and inserting the following: ``(a) In General.--The Administrator shall make grants to-- ``(1) establish and maintain a network of care for child abuse victims where investigation, prosecutions, and interventions are continually occurring and coordinating activities within local children's advocacy centers and multidisciplinary teams; ``(2) develop, enhance, and coordinate multidisciplinary child abuse investigations, intervention, and prosecution activities; ``(3) promote the effective delivery of the evidence-based, trauma-informed Children's Advocacy Center Model and the multidisciplinary response to child abuse; and ``(4) develop and disseminate practice standards for care and best practices in programmatic evaluation, and support State chapter organizational capacity and local children's advocacy center organizational capacity and operations in order to meet such practice standards and best practices.''; (B) in subsection (b), by striking ``, in coordination with the Director of the Office of Victims of Crime,''; (C) in subsection (c)(2)-- (i) in subparagraph (C), by inserting ``to the greatest extent practicable, but in no case later than 72 hours,'' after ``hours''; and (ii) by striking subparagraphs (D) through (I) and inserting the following: ``(D) Forensic interviews of child victims by trained personnel that are used by law enforcement, health, and child protective service agencies to interview suspected abuse victims about allegations of abuse. ``(E) Provision of needed follow up services such as medical care, mental healthcare, and victims advocacy services. ``(F) A requirement that, to the extent practicable, all interviews and meetings with a child victim occur at the children's advocacy center or an agency with which there is a linkage agreement regarding the delivery of multidisciplinary child abuse investigation, prosecution, and intervention services. ``(G) Coordination of each step of the investigation process to eliminate duplicative forensic interviews with a child victim. ``(H) Designation of a director for the children's advocacy center. ``(I) Designation of a multidisciplinary team coordinator. ``(J) Assignment of a volunteer or staff advocate to each child in order to assist the child and, when appropriate, the child's family, throughout each step of intervention and judicial proceedings. ``(K) Coordination with State chapters to assist and provide oversight, and organizational capacity that supports local children's advocacy centers, multidisciplinary teams, and communities working to implement a multidisciplinary response to child abuse in the provision of evidence-informed initiatives, including mental health counseling, forensic interviewing, multidisciplinary team coordination, and victim advocacy. ``(L) Such other criteria as the Administrator shall establish by regulation.''; and (D) by striking subsection (f) and inserting the following: ``(f) Grants to State Chapters for Assistance to Local Children's Advocacy Centers.--In awarding grants under this section, the Administrator shall ensure that a portion of the grants is distributed to State chapters to enable State chapters to provide oversight, training, and technical assistance to local centers on evidence- informed initiatives including mental health, counseling, forensic interviewing, multidisciplinary team coordination, and victim advocacy.''; (5) in section 214A (34 U.S.C. 20305)-- (A) in subsection (a)-- (i) in paragraph (1), by striking ``attorneys and other allied'' and inserting ``prosecutors and other attorneys and allied''; and (ii) in paragraph (2)(B), by inserting ``Center'' after ``Advocacy''; and (B) in subsection (b)(1), by striking subparagraph (A) and inserting the following: ``(A) a significant connection to prosecutors who handle child abuse cases in State courts, such as a membership organization or support service providers; and''; and (6) by striking section 214B (34 U.S.C. 20306) and inserting the following: ``SEC. 214B. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out sections 213, 214, and 214A, $40,000,000 for each of fiscal years 2022 through 2028.''. <all>

Victims of Child Abuse Act Reauthorization Act of 2022

To reauthorize the Victims of Child Abuse Act of 1990, and for other purposes.

Victims of Child Abuse Act Reauthorization Act of 2022

Rep. Costa, Jim

D

CA

S.735

Science, Technology, Communications

This bill directs the National Science Foundation (NSF) to conduct multiple pilot programs within the NSF to expand the number of institutions of higher education (including community colleges), and other eligible entities that the NSF determines appropriate, that are able to successfully compete for NSF grants. The NSF shall review the results of the pilot programs and develop best practices for implementation across the NSF.

To amend the Scientific and Advanced-Technology Act of 1992 to further support advanced technological manufacturing, 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 ``Advanced Technological Manufacturing Act''.</DELETED> <DELETED>SEC. 2. HARNESSING OUR NATION'S RESEARCH POTENTIAL.</DELETED> <DELETED> (a) Establishment.--The Director of the National Science Foundation shall conduct multiple pilot programs within the Foundation to expand the number of institutions of higher education (including such institutions that are community colleges), and other eligible entities that the Director determines appropriate, that are able to successfully compete for National Science Foundation grants.</DELETED> <DELETED> (b) Components.--Each pilot program described in subsection (a) shall include at least 1 of the following elements:</DELETED> <DELETED> (1) A mentorship program.</DELETED> <DELETED> (2) Grant writing technical assistance.</DELETED> <DELETED> (3) Targeted outreach.</DELETED> <DELETED> (4) Programmatic support or solutions for institutions or entities that do not have an experienced grant management office.</DELETED> <DELETED> (5) An increase in the number of grant reviewers from institutions of higher education that have not traditionally received funds from the National Science Foundation.</DELETED> <DELETED> (6) An increase of the term and funding, for a period of 3 years or less, as appropriate, to a principal investigator that is a first-time grant awardee, when paired with regular mentoring on the administrative aspects of grant management.</DELETED> <DELETED> (c) Limitation.--As appropriate, each pilot program described in subsection (a) shall work to reduce administrative burdens.</DELETED> <DELETED> (d) Agency-Wide Programs.--Not later than 5 years after the date of enactment of this Act, the Director of the National Science Foundation shall--</DELETED> <DELETED> (1) review the results of the pilot programs described in subsection (a); and</DELETED> <DELETED> (2) develop agency-wide best practices from the pilot programs for implementation across the Foundation, in order to fulfill the requirement under section 3(e) of the National Science Foundation Act of 1950 (42 U.S.C. 1862(e)).</DELETED> <DELETED> (e) Institution of Higher Education.--In this section, 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).</DELETED> <DELETED>SEC. 3. ADVANCED SCIENTIFIC AND TECHNICAL MANUFACTURING.</DELETED> <DELETED> (a) Findings and Purpose.--Section 2 of the Scientific and Advanced-Technology Act of 1992 (42 U.S.C. 1862h) is amended-- </DELETED> <DELETED> (1) in subsection (a)--</DELETED> <DELETED> (A) in paragraph (3), by striking ``science, mathematics, and technology'' and inserting ``science, technology, engineering, and mathematics or STEM'';</DELETED> <DELETED> (B) in paragraph (4), by inserting ``educated and'' before ``trained''; and</DELETED> <DELETED> (C) in paragraph (5), by striking ``scientific and technical education and training'' and inserting ``STEM education and training''; and</DELETED> <DELETED> (2) in subsection (b)--</DELETED> <DELETED> (A) in paragraph (2), by striking ``mathematics and science'' and inserting ``STEM fields''; and</DELETED> <DELETED> (B) in paragraph (4), by striking ``mathematics and science instruction'' and inserting ``STEM instruction''.</DELETED> <DELETED> (b) Modernizing References to STEM.--Section 3 of the Scientific and Advanced-Technology Act of 1992 (42 U.S.C. 1862i) is amended--</DELETED> <DELETED> (1) in the section heading, by striking ``scientific and technical education'' and inserting ``stem education'';</DELETED> <DELETED> (2) in subsection (a)--</DELETED> <DELETED> (A) in the subsection heading, by striking ``Scientific and Technical Education'' and inserting ``STEM Education'';</DELETED> <DELETED> (B) in the matter preceding paragraph (1)--</DELETED> <DELETED> (i) by inserting ``and education to prepare the skilled technical workforce to meet workforce demands'' before ``, and to improve'';</DELETED> <DELETED> (ii) by striking ``core education courses in science and mathematics'' and inserting ``core education courses in STEM fields'';</DELETED> <DELETED> (iii) by inserting ``veterans and individuals engaged in'' before ``work in the home''; and</DELETED> <DELETED> (iv) by inserting ``and on building a pathway from secondary schools, to associate-degree-granting institutions, to careers that require technical training'' before ``, and shall be designed'';</DELETED> <DELETED> (C) in paragraph (1)--</DELETED> <DELETED> (i) by inserting ``and study'' after ``development''; and</DELETED> <DELETED> (ii) by striking ``core science and mathematics courses'' and inserting ``core STEM courses'';</DELETED> <DELETED> (D) in paragraph (2), by striking ``science, mathematics, and advanced-technology fields'' and inserting ``STEM and advanced-technology fields'';</DELETED> <DELETED> (E) in paragraph (3)(A), by inserting ``to support the advanced-technology industries that drive the competitiveness of the United States in the global economy'' before the semicolon at the end;</DELETED> <DELETED> (F) in paragraph (4), by striking ``scientific and advanced-technology fields'' and inserting ``STEM and advanced-technology fields''; and</DELETED> <DELETED> (G) in paragraph (5), by striking ``advanced scientific and technical education'' and inserting ``advanced STEM and advanced- technology'';</DELETED> <DELETED> (3) in subsection (b)--</DELETED> <DELETED> (A) by striking the subsection heading and inserting the following: ``Centers of Scientific and Technical Education.--'';</DELETED> <DELETED> (B) in the matter preceding paragraph (1), by striking ``not to exceed 10 in number'' and inserting ``in advanced-technology fields'';</DELETED> <DELETED> (C) in paragraph (2), by striking ``education in mathematics and science'' and inserting ``STEM education''; and</DELETED> <DELETED> (D) in the flush matter following paragraph (2), by striking ``in the geographic region served by the center'';</DELETED> <DELETED> (4) in subsection (c)--</DELETED> <DELETED> (A) in paragraph (1)--</DELETED> <DELETED> (i) in subparagraph (A)-- </DELETED> <DELETED> (I) in the matter preceding clause (i), by striking ``to encourage'' and all that follows through ``such means as--'' and inserting ``to encourage the development of career and educational pathways with multiple entry and exit points leading to credentials and degrees, and to assist students pursuing pathways in STEM fields to transition from associate-degree- granting colleges to bachelor-degree- granting institutions, through such means as--'';</DELETED> <DELETED> (II) in clause (i), by striking ``to ensure'' and inserting ``to develop articulation agreements that ensure''; and</DELETED> <DELETED> (III) in clause (ii), by striking ``courses at the bachelor- degree-granting institution'' and inserting ``the career and educational pathways supported by the articulation agreements'';</DELETED> <DELETED> (ii) in subparagraph (B)-- </DELETED> <DELETED> (I) in clause (i), by inserting ``veterans and individuals engaged in'' before ``work in the home'';</DELETED> <DELETED> (II) in clause (iii)-- </DELETED> <DELETED> (aa) by striking ``bachelor's-degree-granting institutions'' and inserting ``institutions or work sites''; and</DELETED> <DELETED> (bb) by inserting ``or industry internships'' after ``summer programs''; and</DELETED> <DELETED> (III) by striking the flush text following clause (iv); and</DELETED> <DELETED> (iii) by striking subparagraph (C);</DELETED> <DELETED> (B) in paragraph (2)--</DELETED> <DELETED> (i) by striking ``mathematics and science programs'' and inserting ``STEM programs'';</DELETED> <DELETED> (ii) by inserting ``and, as appropriate, elementary schools,'' after ``with secondary schools'';</DELETED> <DELETED> (iii) by striking ``mathematics and science education'' and inserting ``STEM education'';</DELETED> <DELETED> (iv) by striking ``secondary school students'' and inserting ``students at these schools'';</DELETED> <DELETED> (v) by striking ``science and advanced-technology fields'' and inserting ``STEM and advanced-technology fields''; and</DELETED> <DELETED> (vi) by striking ``agreements with local educational agencies'' and inserting ``articulation agreements or dual credit courses with local secondary schools, or other means as the Director determines appropriate,''; and</DELETED> <DELETED> (C) in paragraph (3)--</DELETED> <DELETED> (i) by striking subparagraph (B);</DELETED> <DELETED> (ii) by striking ``shall--'' and all that follows through ``establish a'' and inserting ``shall establish a'';</DELETED> <DELETED> (iii) by striking ``the fields of science, technology, engineering, and mathematics'' and inserting ``STEM fields''; and</DELETED> <DELETED> (iv) by striking ``; and'' and inserting ``, including jobs at Federal and academic laboratories.'';</DELETED> <DELETED> (5) in subsection (d)(2)--</DELETED> <DELETED> (A) in subparagraph (D), by striking ``and'' after the semicolon;</DELETED> <DELETED> (B) in subparagraph (E), by striking the period at the end and inserting ``; and''; and</DELETED> <DELETED> (C) by adding at the end the following:</DELETED> <DELETED> ``(F) as appropriate, applications that apply the best practices for STEM education and technical skills education through distance learning or in a simulated work environment, as determined by research described in subsection (f).'';</DELETED> <DELETED> (6) in subsection (g), by striking the second sentence;</DELETED> <DELETED> (7) in subsection (h)(1)--</DELETED> <DELETED> (A) in subparagraph (A), by striking ``2022'' and inserting ``2026'';</DELETED> <DELETED> (B) in subparagraph (B), by striking ``2022'' and inserting ``2026''; and</DELETED> <DELETED> (C) in subparagraph (C)--</DELETED> <DELETED> (i) by striking ``up to $2,500,000'' and inserting ``not less than $3,000,000''; and</DELETED> <DELETED> (ii) by striking ``2022'' and inserting ``2026''; and</DELETED> <DELETED> (8) in subsection (j)--</DELETED> <DELETED> (A) by striking paragraph (1) and inserting the following:</DELETED> <DELETED> ``(1) the term `advanced-technology' includes technological fields such as advanced manufacturing, agricultural-, biological- and chemical-technologies, energy and environmental technologies, engineering technologies, information technologies, micro and nano-technologies, cybersecurity technologies, geospatial technologies, and new, emerging technology areas;'';</DELETED> <DELETED> (B) by striking paragraph (2) and inserting the following:</DELETED> <DELETED> ``(2) the term `associate-degree-granting college' means an institution of higher education (as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002)) that offers a 2-year associate-degree program or 2-year certificate program;'';</DELETED> <DELETED> (C) in paragraph (3), by striking ``as determined under section 101 of the Higher Education Act of 1965'' and inserting ``as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002)'';</DELETED> <DELETED> (D) in paragraph (4), by striking ``separate bachelor-degree-granting institutions'' and inserting ``other entities'';</DELETED> <DELETED> (E) by striking paragraph (7);</DELETED> <DELETED> (F) by redesignating paragraphs (8) and (9) as paragraphs (7) and (8), respectively;</DELETED> <DELETED> (G) in paragraph (7), as redesignated by subparagraph (F), by striking ``and'' after the semicolon;</DELETED> <DELETED> (H) in paragraph (8), as redesignated by subparagraph (F)--</DELETED> <DELETED> (i) by striking ``mathematics, science, engineering, or technology'' and inserting ``science, technology, engineering, or mathematics''; and</DELETED> <DELETED> (ii) by striking ``computer science.'' and inserting ``computer science and cybersecurity; and''; and</DELETED> <DELETED> (I) by adding at the end the following:</DELETED> <DELETED> ``(9) the term `skilled technical workforce' means workers--</DELETED> <DELETED> ``(A) in occupations that use significant levels of science and engineering expertise and technical knowledge; and</DELETED> <DELETED> ``(B) whose level of educational attainment is less than a bachelor degree.''.</DELETED> SECTION 1. HARNESSING OUR NATION'S RESEARCH POTENTIAL. (a) Establishment.--The Director of the National Science Foundation shall conduct multiple pilot programs within the Foundation to expand the number of institutions of higher education (including such institutions that are community colleges), and other eligible entities that the Director determines appropriate, that are able to successfully compete for National Science Foundation grants. (b) Components.--Each pilot program described in subsection (a) shall include at least 1 of the following elements: (1) A mentorship program. (2) Grant writing technical assistance. (3) Targeted outreach, including to a minority-serving institution (including a historically Black college or university, a Tribal College or University, or a Hispanic- serving institution) as described in any of paragraphs (1) through (7) of section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a)). (4) Programmatic support or solutions for institutions or entities that do not have an experienced grant management office. (5) An increase in the number of grant reviewers from institutions of higher education that have not traditionally received funds from the National Science Foundation. (6) An increase of the term and funding, for a period of 3 years or less, as appropriate, to a principal investigator that is a first-time grant awardee, when paired with regular mentoring on the administrative aspects of grant management. (c) Limitation.--As appropriate, each pilot program described in subsection (a) shall work to reduce administrative burdens. (d) Agency-wide Programs.--Not later than 5 years after the date of enactment of this Act, the Director of the National Science Foundation shall-- (1) review the results of the pilot programs described in subsection (a); and (2) develop agency-wide best practices from the pilot programs for implementation across the Foundation, in order to fulfill the requirement under section 3(e) of the National Science Foundation Act of 1950 (42 U.S.C. 1862(e)). (e) Institution of Higher Education.--In this section, 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). SEC. 2. ADVANCED SCIENTIFIC AND TECHNICAL MANUFACTURING. (a) Findings and Purpose.--Section 2 of the Scientific and Advanced-Technology Act of 1992 (42 U.S.C. 1862h) is amended-- (1) in subsection (a)-- (A) in paragraph (3), by striking ``science, mathematics, and technology'' and inserting ``science, technology, engineering, and mathematics or STEM''; (B) in paragraph (4), by inserting ``educated and'' before ``trained''; and (C) in paragraph (5), by striking ``scientific and technical education and training'' and inserting ``STEM education and training''; and (2) in subsection (b)-- (A) in paragraph (2), by striking ``mathematics and science'' and inserting ``STEM fields''; and (B) in paragraph (4), by striking ``mathematics and science instruction'' and inserting ``STEM instruction''. (b) Modernizing References to STEM.--Section 3 of the Scientific and Advanced-Technology Act of 1992 (42 U.S.C. 1862i) is amended-- (1) in the section heading, by striking ``scientific and technical education'' and inserting ``stem education''; (2) in subsection (a)-- (A) in the subsection heading, by striking ``Scientific and Technical Education'' and inserting ``STEM Education''; (B) in the matter preceding paragraph (1)-- (i) by inserting ``and education to prepare the skilled technical workforce to meet workforce demands'' before ``, and to improve''; (ii) by striking ``core education courses in science and mathematics'' and inserting ``core education courses in STEM fields''; (iii) by inserting ``veterans and individuals engaged in'' before ``work in the home''; and (iv) by inserting ``and on building a pathway from secondary schools, to associate- degree-granting institutions, to careers that require technical training'' before ``, and shall be designed''; (C) in paragraph (1)-- (i) by inserting ``and study'' after ``development''; and (ii) by striking ``core science and mathematics courses'' and inserting ``core STEM courses''; (D) in paragraph (2), by striking ``science, mathematics, and advanced-technology fields'' and inserting ``STEM and advanced-technology fields''; (E) in paragraph (3)(A), by inserting ``to support the advanced-technology industries that drive the competitiveness of the United States in the global economy'' before the semicolon at the end; (F) in paragraph (4), by striking ``scientific and advanced-technology fields'' and inserting ``STEM and advanced-technology fields''; and (G) in paragraph (5), by striking ``advanced scientific and technical education'' and inserting ``advanced STEM and advanced-technology''; (3) in subsection (b)-- (A) by striking the subsection heading and inserting the following: ``Centers of Scientific and Technical Education.--''; (B) in the matter preceding paragraph (1), by striking ``not to exceed 12 in number'' and inserting ``in advanced-technology fields''; (C) in paragraph (2), by striking ``education in mathematics and science'' and inserting ``STEM education''; and (D) in the flush matter following paragraph (2), by striking ``in the geographic region served by the center''; (4) in subsection (c)-- (A) in paragraph (1)-- (i) in subparagraph (A)-- (I) in the matter preceding clause (i), by striking ``to encourage'' and all that follows through ``such means as--'' and inserting ``to encourage the development of career and educational pathways with multiple entry and exit points leading to credentials and degrees, and to assist students pursuing pathways in STEM fields to transition from associate-degree- granting colleges to bachelor-degree- granting institutions, through such means as--''; (II) in clause (i), by striking ``to ensure'' and inserting ``to develop articulation agreements that ensure''; and (III) in clause (ii), by striking ``courses at the bachelor-degree- granting institution'' and inserting ``the career and educational pathways supported by the articulation agreements''; (ii) in subparagraph (B)-- (I) in clause (i), by inserting ``veterans and individuals engaged in'' before ``work in the home''; (II) in clause (iii)-- (aa) by striking ``bachelor's-degree-granting institutions'' and inserting ``institutions or work sites''; and (bb) by inserting ``or industry internships'' after ``summer programs''; and (III) by striking the flush text following clause (iv); and (iii) by striking subparagraph (C); (B) in paragraph (2)-- (i) by striking ``mathematics and science programs'' and inserting ``STEM programs''; (ii) by inserting ``and, as appropriate, elementary schools,'' after ``with secondary schools''; (iii) by striking ``mathematics and science education'' and inserting ``STEM education''; (iv) by striking ``secondary school students'' and inserting ``students at these schools''; (v) by striking ``science and advanced- technology fields'' and inserting ``STEM and advanced-technology fields''; and (vi) by striking ``agreements with local educational agencies'' and inserting ``articulation agreements or dual credit courses with local secondary schools, or other means as the Director determines appropriate,''; and (C) in paragraph (3)-- (i) by striking subparagraph (B); (ii) by striking ``shall--'' and all that follows through ``establish a'' and inserting ``shall establish a''; (iii) by striking ``the fields of science, technology, engineering, and mathematics'' and inserting ``STEM fields''; and (iv) by striking ``; and'' and inserting ``, including jobs at Federal and academic laboratories.''; (5) in subsection (d)(2)-- (A) in subparagraph (D), by striking ``and'' after the semicolon; (B) in subparagraph (E), by striking the period at the end and inserting``; and''; and (C) by adding at the end the following: ``(F) as appropriate, applications that apply the best practices for STEM education and technical skills education through distance learning or in a simulated work environment, as determined by research described in subsection (f).''; (6) in subsection (g), by striking the second sentence; (7) in subsection (h)(1)-- (A) in subparagraph (A), by striking ``2022'' and inserting ``2026''; (B) in subparagraph (B), by striking ``2022'' and inserting ``2026''; and (C) in subparagraph (C)-- (i) by striking ``up to $2,500,000'' and inserting ``not less than $3,000,000''; and (ii) by striking ``2022'' and inserting ``2026''; and (8) in subsection (j)-- (A) by striking paragraph (1) and inserting the following: ``(1) the term `advanced-technology' includes technological fields such as advanced manufacturing, agricultural-, biological- and chemical-technologies, energy and environmental technologies, engineering technologies, information technologies, micro and nano-technologies, cybersecurity technologies, geospatial technologies, and new, emerging technology areas;''; (B) by striking paragraph (2) and inserting the following: ``(2) the term `associate-degree-granting college' means an institution of higher education (as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002)) that offers a 2-year associate-degree program or 2-year certificate program;''; (C) in paragraph (3), by striking ``as determined under section 101 of the Higher Education Act of 1965'' and inserting ``as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002)''; (D) in paragraph (4), by striking ``separate bachelor-degree-granting institutions'' and inserting ``other entities''; (E) by striking paragraph (7); (F) by redesignating paragraphs (8) and (9) as paragraphs (7) and (8), respectively; (G) in paragraph (7), as redesignated by subparagraph (F), by striking ``and'' after the semicolon; (H) in paragraph (8), as redesignated by subparagraph (F)-- (i) by striking ``mathematics, science, engineering, or technology'' and inserting ``science, technology, engineering, or mathematics''; and (ii) by striking ``computer science and cybersecurity.'' and inserting ``computer science and cybersecurity; and''; and (I) by adding at the end the following: ``(9) the term `skilled technical workforce' means workers-- ``(A) in occupations that use significant levels of science and engineering expertise and technical knowledge; and ``(B) whose level of educational attainment is less than a bachelor degree.''. (c) Authorization of Appropriations.--Section 5 of the Scientific and Advanced-Technology Act of 1992 (42 U.S.C. 1862j) is amended to read as follows: ``SEC. 5. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated, from sums otherwise authorized to be appropriated, to the Director for carrying out this Act, $150,000,000 for each of fiscal years 2022 through 2027.''. Calendar No. 198 117th CONGRESS 1st Session S. 735 _______________________________________________________________________

Advanced Technological Manufacturing Act

A bill to amend the Scientific and Advanced-Technology Act of 1992 to further support advanced technological manufacturing, and for other purposes.

Advanced Technological Manufacturing Act

Sen. Wicker, Roger F.

R

MS

H.R.1188

Finance and Financial Sector

Greater Accountability in Pay Act of 2021 This bill requires specified issuers of securities to disclose compensation information regarding executive officers and employees.

To amend the Securities Exchange Act of 1934 to require issuers to disclose information on pay raises made to executives and non-executive employees, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Greater Accountability in Pay Act of 2021''. SEC. 2. PAY RAISE DISCLOSURES. Section 13 of the Securities Exchange Act of 1934 (15 U.S.C. 78m) is amended by adding at the end the following: ``(s) Pay Raise Disclosures.--An issuer required to file an annual report under this section or section 15(d), that is not an emerging growth company, shall include in such report-- ``(1) the percentage increase in the median of the annual total compensation of all executive officers (as such term is defined in section 240.3b-7 of title 17, Code of Federal Regulations) of the issuer over the last completed fiscal year; ``(2) the percentage increase in the median of the annual total compensation of all employees of the issuer, excluding executive officers, over the last completed fiscal year; ``(3) the ratio of the percentage described in paragraph (1) to the percentage described in paragraph (2); ``(4) a comparison of the percentage described in paragraph (1) to the percentage change over the same period in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor; and ``(5) a comparison of the percentage described in paragraph (2) to the percentage change over the same period in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor.''. Union Calendar No. 38 117th CONGRESS 1st Session H. R. 1188 [Report No. 117-55] _______________________________________________________________________

Greater Accountability in Pay Act of 2021

To amend the Securities Exchange Act of 1934 to require issuers to disclose information on pay raises made to executives and non-executive employees, and for other purposes.

Greater Accountability in Pay Act of 2021 Greater Accountability in Pay Act

Rep. Velazquez, Nydia M.

D

NY

H.R.8378

Health

Protect Statutory Termination of Abortions from Taxpayer-funded Excursions Lines Act or the Protect S.T.A.T.E. Lines Act This bill prohibits, subject to some exceptions, the use of federal funds to pay for an individual's interstate travel for an abortion. The funding prohibition does not apply to abortions performed in cases of rape or incest or when necessary to resolve a pregnancy-related physical condition that endangers the individual's life.

To prohibit the use of Federal funds for travel expenses of any individual traveling across State lines for purposes of having an abortion, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Protect Statutory Termination of Abortions from Taxpayer-funded Excursions Lines Act'' or the ``Protect S.T.A.T.E. Lines Act''. SEC. 2. PROHIBITION ON USE OF FEDERAL FUNDS FOR TRAVEL EXPENSES OF INDIVIDUALS CROSSING STATE LINES FOR AN ABORTION. (a) In General.--No Federal funds may be obligated or expended for the travel expenses of any individual traveling across State lines for purposes of having an abortion. In this subsection, the term ``State'' means any of the 50 States, the District of Columbia, and any territory or possession of the United States. (b) Exception.--The limitation in subsection (a) shall not apply to any travel expenses-- (1) if the pregnancy is the result of an act of rape or incest; or (2) in the case where a woman suffers from a physical disorder, physical injury, or physical illness, including a life-endangering physical condition caused by or arising from the pregnancy itself, that would, as certified by a physician, place the woman in danger of death unless an abortion is performed. <all>

Protect S.T.A.T.E. Lines Act

To prohibit the use of Federal funds for travel expenses of any individual traveling across State lines for purposes of having an abortion, and for other purposes.

Protect S.T.A.T.E. Lines Act Protect Statutory Termination of Abortions from Taxpayer-funded Excursions Lines Act

Rep. Cawthorn, Madison

R

NC

H.R.2692

Government Operations and Politics

Ban Corporate PACs Act This bill prohibits for-profit corporations from establishing or operating a separate segregated political fund (commonly known as a political action committee or PAC). Existing funds must terminate not later than one year after the date of enactment of this bill.

To amend the Federal Election Campaign Act of 1971 to limit the authority of corporations to establish and operate separate segregated funds utilized for political purposes, including the establishment or operation of a political committee, to nonprofit 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 ``Ban Corporate PACs Act''. SEC. 2. LIMITING AUTHORITY OF CORPORATIONS TO ESTABLISH OR OPERATE SEPARATE SEGREGATED FUNDS FOR POLITICAL PURPOSES TO NONPROFIT CORPORATIONS. (a) Limitation.-- (1) In general.--Section 316(b)(2)(C) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30118(b)(2)(C)) is amended by striking ``a corporation'' and inserting ``a nonprofit corporation''. (2) Definition.--Section 316(b) of such Act (52 U.S.C. 30118(b)) is amended by adding at the end the following new paragraph: ``(8) For purposes of this section, the term `nonprofit corporation' means a corporation described in section 501(c) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code, other than a corporation which is ineligible to be exempt from taxation under section 501(a) of such Code if it establishes a separate segregated fund under this subsection.''. (b) Permitting Solicitation of Contributions Only From Executive and Administrative Personnel.--Section 316(b) of such Act (52 U.S.C. 30118(b)) is amended-- (1) in paragraph (4)(A)(i), by striking ``its stockholders and their families and''; (2) in paragraph (4)(B)-- (A) by striking ``a corporation'' the first place it appears and inserting ``a nonprofit corporation''; (B) by striking ``any stockholder, executive or administrative personnel,'' and inserting ``any executive or administrative personnel''; and (C) by striking ``stockholders, executive or administrative personnel,'' and inserting ``executive or administrative personnel''; (3) in paragraph (4)(D)-- (A) by striking ``stockholders and''; (B) by striking ``such stockholders or personnel'' and inserting ``such personnel''; and (C) by striking ``such stockholders and personnel'' and inserting ``such personnel''; and (4) in paragraph (5), by striking ``stockholders and''. (c) Treatment of Government Contractors.--Section 317(b) of such Act (52 U.S.C. 30119(b)) is amended-- (1) by striking ``any corporation'' and inserting ``any nonprofit corporation''; and (2) by striking ``a corporation'' and inserting ``a nonprofit corporation''. SEC. 3. EFFECTIVE DATE; TRANSITION FOR EXISTING FUNDS AND COMMITTEES. (a) Effective Date.--The amendments made by this Act shall take effect on the date of the enactment of this Act. (b) Transition for Existing Funds and Committees.--In the case of a separate segregate fund established and operating under section 316(b)(2)(C) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30118(b)(2)(C)) as of the date of the enactment of this Act which is not a fund of a nonprofit corporation as defined in section 316(b)(8) of such Act (as added by section 2(a)(2)), the fund shall terminate and disburse its entire balance not later than 1 year after the date of the enactment of this Act. <all>

Ban Corporate PACs Act

To amend the Federal Election Campaign Act of 1971 to limit the authority of corporations to establish and operate separate segregated funds utilized for political purposes, including the establishment or operation of a political committee, to nonprofit corporations, and for other purposes.

Ban Corporate PACs Act

Rep. Harder, Josh

D

CA

H.R.3663

Labor and Employment

Apprenticeships to College Act This bill requires the Department of Labor to enter into an interagency agreement with the Department of Education to promote and support integration and alignment of programs under the national apprenticeship system with secondary, 2- and 4-year postsecondary, and adult education.

To support the establishment of an apprenticeship college consortium. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Apprenticeships to College Act''. SEC. 2. APPRENTICESHIP COLLEGE CONSORTIUM. (a) In General.--Not later than 1 year after the date of enactment of this Act, in order to cooperate with the Secretary of Education and promote awareness and adoption of apprenticeship programs, the Secretary of Labor shall-- (1) enter into an interagency agreement with the Secretary of Education to promote and support integration and alignment of programs under the national apprenticeship system with secondary, postsecondary, and adult education, through the activities described in this section; and (2) submit to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of Senate, such agreement and any modifications to such agreement. (b) Apprenticeship College Consortium.--In order to support the establishment of a college consortium of postsecondary educational institutions, related instruction providers, sponsors, qualified intermediaries, and employers for the purposes of promoting stronger connections between programs under the national apprenticeship system and participating 2- and 4-year postsecondary educational institutions, the interagency agreement under subsection (a) shall include a description of how the Secretaries will-- (1) support data sharing systems that align education records and records of programs under the national apprenticeship system regarding whether program participants who receive financial aid under title IV of the Higher Education Act of 1965 enroll in, or complete, postsecondary coursework while participating in a program under such system; (2) provide guidance on how to align eligible funding from, planning processes for, and the requirements of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.), the Rehabilitation Act of 1973, and the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) with this Act; (3) require all participants of the apprenticeship college consortium to enter into agreements to-- (A) have an articulation agreement with a participating sponsor of an apprenticeship program, which may include a 2- or 4-year postsecondary educational institution; (B) create or expand the awarding and articulation of academic credit for related instruction completed and credentials awarded to program participants as part of a program under the national apprenticeship system; and (C) support the creation or expansion of electronic transcripts for apprenticeship programs and all academic content, including related instruction and on- the-job training; (4) provide technical assistance on eligible uses of financial aid, including the Federal work study program under part C of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087-51 et seq.), for related instruction for programs under the national apprenticeship system; (5) provide to consortium participants or potential participants information regarding-- (A) a list of apprenticeship programs in related occupations offered in the State or available under the Office of Apprenticeship that may become part of the consortium; (B) information on how to develop an apprenticeship program; (C) information on Federal, State, and local financial resources available to assist with the establishment and implementation of apprenticeship programs; and (D) information on related qualified intermediaries or industry or sector partnerships supporting apprenticeship programs, as applicable; and (6) support information regarding the apprenticeship consortium being made available on a publicly accessible website, including-- (A) a list of participating members of the consortium, apprenticeship programs provided, credentials awarded with each program, and available apprenticeable occupations; and (B) models of articulation agreements, prior learning assessments, and competency-based curriculum for related instruction for illustrative purposes. <all>

Apprenticeships to College Act

To support the establishment of an apprenticeship college consortium.

Apprenticeships to College Act

Rep. Harder, Josh

D

CA

H.R.6866

Transportation and Public Works

Safer Seas Act This bill addresses sexual assault and sexual harassment in the U.S. maritime industry. Among other provisions, the bill

To amend title 46, United States Code, to provide for certain protections against sexual harassment and sexual assault, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Safer Seas Act''. SEC. 2. DEFINITIONS. (a) In General.--Section 2101 of title 46, United States Code, is amended-- (1) by redesignating paragraphs (45) through (54) as paragraphs (47) through (56), respectively; and (2) by inserting after paragraph (44) the following: ``(45) `sexual assault' means any form of abuse or contact as defined in chapter 109A of title 18, or a substantially similar State, local, or Tribal offense. ``(46) `sexual harassment' means-- ``(A) conduct that-- ``(i) involves unwelcome sexual advances, requests for sexual favors, or deliberate or repeated offensive comments or gestures of a sexual nature if any-- ``(I) submission to such conduct is made either explicitly or implicitly a term or condition of employment, pay, career, benefits, or entitlements of the individual; ``(II) submission to, or rejection, of such conduct by an individual is used as a basis for decisions affecting that individual's job, pay, career, benefits, or entitlements; ``(III) such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creates an intimidating, hostile, or offensive work environment; or ``(IV) conduct may have been by an individual's supervisor, a supervisor in another area, a co-worker, or another credentialed mariner; and ``(ii) is so severe or pervasive that a reasonable person would perceive, and the victim does perceive, the environment as hostile or offensive; ``(B) any use or condonation associated with firsthand or personal knowledge, by any individual in a supervisory or command position, of any form of sexual behavior to control, influence, or affect the career, pay, benefits, entitlements, or employment of a subordinate; and ``(C) any deliberate or repeated unwelcome verbal comment or gesture of a sexual nature by any fellow employee of the complainant.''. (b) Report.--The Commandant of the Coast Guard shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report describing any changes the Commandant may propose to the definitions added by the amendments in subsection (a). SEC. 3. CONVICTED SEX OFFENDER AS GROUNDS FOR DENIAL. (a) In General.--Chapter 75 of title 46, United States Code, is amended by adding at the end the following: ``Sec. 7511. Convicted sex offender as grounds for denial ``(a) Sexual Abuse.--A license, certificate of registry, or merchant mariner's document authorized to be issued under this part shall be denied to an individual who has been convicted of a sexual offense prohibited under chapter 109A of title 18, except for subsection (b) of section 2244 of title 18, or a substantially similar State, local, or Tribal offense. ``(b) Abusive Sexual Contact.--A license, certificate of registry, or merchant mariner's document authorized to be issued under this part may be denied to an individual who within 5 years before applying for the license, certificate, or document, has been convicted of a sexual offense prohibited under subsection (b) of section 2244 of title 18, or a substantially similar State, local, or Tribal offense.''. (b) Clerical Amendment.--The analysis for chapter 75 of title 46, United States Code, is amended by adding at the end the following: ``7511. Convicted sex offender as grounds for denial.''. SEC. 4. SEXUAL HARASSMENT OR SEXUAL ASSAULT AS GROUNDS FOR SUSPENSION OR REVOCATION. (a) In General.--Chapter 77 of title 46, United States Code, is amended by inserting after section 7704 the following: ``Sec. 7704a. Sexual harassment or sexual assault as grounds for suspension or revocation ``(a) Sexual Harassment.--If it is shown at a hearing under this chapter that a holder of a license, certificate of registry, or merchant mariner's document issued under this part, within 5 years before the beginning of the suspension and revocation proceedings, is the subject of an official finding of sexual harassment, then the license, certificate of registry, or merchant mariner's document may be suspended or revoked. ``(b) Sexual Assault.--If it is shown at a hearing under this chapter that a holder of a license, certificate of registry, or merchant mariner's document issued under this part, within 10 years before the beginning of the suspension and revocation proceedings, is the subject of an official finding of sexual assault, then the license, certificate of registry, or merchant mariner's document shall be revoked. ``(c) Official Finding.-- ``(1) In general.--In this section, the term `official finding' means-- ``(A) a legal proceeding or agency finding or decision that determines the individual committed sexual harassment or sexual assault in violation of any Federal, State, local, or Tribal law or regulation; or ``(B) a determination after an investigation by the Coast Guard that, by a preponderance of the evidence, the individual committed sexual harassment or sexual assault if the investigation affords appropriate due process rights to the subject of the investigation. ``(2) Investigation by the coast guard.--An investigation by the Coast Guard under paragraph (1)(B) shall include, at a minimum, evaluation of the following materials that, upon request, shall be provided to the Coast Guard: ``(A) Any inquiry or determination made by the employer or former employer of the individual as to whether the individual committed sexual harassment or sexual assault. ``(B) Any investigative materials, documents, records, or files in the possession of an employer or former employer of the individual that are related to the claim of sexual harassment or sexual assault by the individual. ``(3) Administrative law judge review.-- ``(A) Coast guard investigation.--A determination under paragraph (1)(B) shall be reviewed and affirmed by an administrative law judge within the same proceeding as any suspension or revocation of a license, certificate of registry, or merchant mariner's document under subsection (a) or (b). ``(B) Legal proceeding.--A determination under paragraph (1)(A) that an individual committed sexual harassment or sexual assault is conclusive in suspension and revocation proceedings.''. (b) Clerical Amendment.--The chapter analysis of chapter 77 of title 46, United States Code, is amended by inserting after the item relating to section 7704 the following: ``7704a. Sexual harassment or sexual assault as grounds for suspension or revocation.''. SEC. 5. ACCOMMODATION; NOTICES. Section 11101 of title 46, United States Code, is amended-- (1) in subsection (a)(3), by striking ``and'' at the end; (2) in subsection (a)(4), by striking the period at the end and inserting ``; and''; (3) in subsection (a), by adding at the end the following: ``(5) each crew berthing area shall be equipped with information regarding-- ``(A) vessel owner or company policies prohibiting sexual assault and sexual harassment, retaliation, and drug and alcohol usage; and ``(B) procedures and resources to report crimes, including sexual assault and sexual harassment, including information-- ``(i) on the contact information, website address, and mobile application to the Coast Guard Investigative Services for reporting of crimes and the Coast Guard National Command Center; ``(ii) on vessel owner or company procedures to report violations of company policy and access resources; ``(iii) on resources provided by outside organizations such as sexual assault hotlines and counseling; ``(iv) on the retention period for surveillance video recording after an incident of sexual harassment or sexual assault is reported; and ``(v) additional items specified in regulations issued by, and at the discretion of, the Secretary of the department in which the Coast Guard is operating.''; and (4) in subsection (d), by adding at the end the following: ``In each washing space in a visible location there shall be information regarding procedures and resources to report crimes upon the vessel, including sexual assault and sexual harassment, and vessel owner or company policies prohibiting sexual assault and sexual harassment, retaliation, and drug and alcohol usage.''. SEC. 6. PROTECTION AGAINST DISCRIMINATION. Section 2114(a)(1) of title 46, United States Code, is amended-- (1) by redesignating subparagraphs (B) through (G) as subsections (C) through (H), respectively; and (2) by inserting after subparagraph (A) the following: ``(B) the seaman in good faith has reported or is about to report to the vessel owner, Coast Guard or other appropriate Federal agency or department sexual harassment or sexual assault against the seaman or knowledge of sexual harassment or sexual assault against another seaman;''. SEC. 7. ALCOHOL PROHIBITION. (a) Regulations.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall, taking into account the safety and security of every individual on documented vessels, issue such regulations as are necessary relating to alcohol consumption on documented vessels, according to the following requirements: (A) The Secretary shall determine safe levels of alcohol consumption by crewmembers aboard documented vessels engaged in commercial service. (B) If the Secretary determines there is no alcohol policy that can be implemented to ensure a safe environment for crew and passengers, the Secretary shall implement a prohibition on possession and consumption of alcohol by crewmembers while aboard a vessel, except when possession is associated with the commercial sale or gift to non-crewmembers aboard the vessel. (2) Immunity from civil liability.--Any crewmember who reports an incident of sexual assault or sexual harassment that is directly related to a violation of the regulations issued under paragraph (1) is immune from civil liability for any related violation of such regulations. SEC. 8. SURVEILLANCE REQUIREMENTS. (a) In General.--Part B of subtitle II of title 46, United States Code, is amended by adding at the end the following: ``CHAPTER 49--OCEANGOING NON-PASSENGER COMMERCIAL VESSELS ``Sec. ``4901. Surveillance requirements. ``Sec. 4901. Surveillance requirements ``(a) In General.--A vessel engaged in commercial service that does not carry passengers, shall maintain a video surveillance system. ``(b) Applicability.--The requirements in this section shall apply to-- ``(1) documented vessels with overnight accommodations for at least 10 persons on board-- ``(A) is on a voyage of at least 600 miles and crosses seaward of the Boundary Line; or ``(B) is at least 24 meters (79 feet) in overall length and required to have a load line under chapter 51; ``(2) documented vessels of at least 500 gross tons as measured under section 14502, or an alternate tonnage measured under section 14302 as prescribed by the Secretary under section 14104 on an international voyage; and ``(3) vessels with overnight accommodations for at least 10 persons on board that are operating for no less than 72 hours on waters superjacent to the Outer Continental Shelf. ``(c) Placement of Video and Audio Surveillance Equipment.-- ``(1) In general.--The owner of a vessel to which this section applies shall install video and audio surveillance equipment aboard the vessel not later than 2 years after enactment of the Safer Seas Act, or during the next scheduled drydock, whichever is later. ``(2) Locations.--Video and audio surveillance equipment shall be placed in passageways on to which doors from staterooms open. Such equipment shall be placed in a manner ensuring the visibility of every door in each such passageway. ``(d) Notice of Video and Audio Surveillance.--The owner of a vessel to which this section applies shall provide clear and conspicuous signs on board the vessel notifying the crew of the presence of video and audio surveillance equipment. ``(e) Access to Video and Audio Records.-- ``(1) In general.--The owner of a vessel to which this section applies shall provide to any Federal, State, or other law enforcement official performing official duties in the course and scope of a criminal or marine safety investigation, upon request, a copy of all records of video and audio surveillance that the official believes is relevant to the investigation. ``(2) Civil actions.--Except as proscribed by law enforcement authorities or court order, the owner of a vessel to which this section applies shall, upon written request, provide to any individual or the individual's legal representative a copy of all records of video and audio surveillance-- ``(A) in which the individual is a subject of the video and audio surveillance; ``(B) the request is in conjunction with a legal proceeding or investigation; and ``(C) that may provide evidence of any sexual harassment or sexual assault incident in a civil action. ``(3) Limited access.--The owner of a vessel to which this section applies shall ensure that access to records of video and audio surveillance is limited to the purposes described in this paragraph and not used as part of a labor action against a crewmember or employment dispute unless used in a criminal or civil action. ``(f) Retention Requirements.--The owner of a vessel to which this section applies shall retain all records of audio and video surveillance for not less than 150 days after the footage is obtained. Any video and audio surveillance found to be associated with an alleged incident should be preserved for not less than 4 years from the date of the alleged incident. The Federal Bureau of Investigation and the Coast Guard are authorized access to all records of video and audio surveillance relevant to an investigation into criminal conduct. ``(g) Definition.--In this section, the term `owner' means the owner, charterer, managing operator, master, or other individual in charge of a vessel. ``(h) Exemption.--Fishing vessels, fish processing vessels, and fish tender vessels are exempt from this section.''. (b) Clerical Amendment.--The table of chapters for subtitle II of title 46, United States Code, is amended by adding after the item related to chapter 47 the following: ``49. Oceangoing non-passenger commercial vessels........... 4901''. SEC. 9. MASTER KEY CONTROL. (a) In General.--Chapter 31 of title 46, United States Code, is amended by adding at the end the following: ``Sec. 3106. Master key control system ``(a) In General.--The owner of a vessel subject to inspection under section 3301 shall-- ``(1) ensure that such vessel is equipped with a vessel master key control system, manual or electronic, which provides controlled access to all copies of the vessel's master key of which access shall only be available to the individuals described in paragraph (2); ``(2) establish a list of all crew, identified by position, allowed to access and use the master key and maintain such list upon the vessel, within owner records and included in the vessel safety management system. ``(3) record in a logbook, located in a centralized location that is readily accessible to law enforcement personnel, information on all access and use of the vessel's master key; and ``(4) make the list under paragraph (2) and the logbook under paragraph (3) available upon request to any agent of the Federal Bureau of Investigation, any member of the Coast Guard, and any law enforcement officer performing official duties in the course and scope of an investigation. ``(b) Prohibited Use.--Crew not included on the list described in subsection (a)(2) shall not have access to or use the master key unless in an emergency and shall immediately notify the master and owner of the vessel following use of such key. ``(c) Requirements for Logbook.--The logbook described in subsection (a)(3)-- ``(1) may be-- ``(A) electronic; ``(B) included in the vessel safety management system; and ``(2) shall include-- ``(A) dates and times of access; ``(B) the room or location accessed; and ``(C) the name and rank of the crewmember who used the master key. ``(d) Penalty.--Any crewmember who uses the master key without having been granted access pursuant to subsection (a)(2) shall be liable to the United States Government for a civil penalty of not more than $1,000 and may be subject to suspension or revocation under section 7703. ``(e) Exemption.--This section shall not apply to vessels subject to section 3507(f).''. (b) Clerical Amendment.--The analysis for chapter 31 of title 46, United States Code, is amended by adding at the end the following: ``3106. Master key control system.''. SEC. 10. SAFETY MANAGEMENT SYSTEMS. Section 3203 of title 46, United States Code, is amended-- (1) in subsection (a)-- (A) by redesignating paragraphs (5) and (6) as paragraphs (7) and (8); and (B) by inserting after paragraph (4) the following: ``(5) with respect to sexual harassment and sexual assault, procedures for, and annual training requirements for all shipboard personnel on-- ``(A) prevention; ``(B) bystander intervention; ``(C) reporting; ``(D) response; and ``(E) investigation; ``(6) the logbook required under section 3106;''; (2) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and (3) by inserting after subsection (a) the following: ``(b) Procedures and Training Requirements.--In prescribing regulations for the procedures and training requirements described in subsection (a)(5), such procedures and requirements shall be consistent with the requirements to report sexual harassment or sexual assault under section 10104.''. SEC. 11. REQUIREMENT TO REPORT SEXUAL ASSAULT AND HARASSMENT. Section 10104 of title 46, United States Code is amended by striking paragraphs (a) and (b) and inserting the following: ``(a) Mandatory Reporting by Crewmember.-- ``(1) In general.--A crewmember of a documented vessel shall report to the Secretary any complaint or incident of sexual harassment or sexual assault of which the crewmember has firsthand or personal knowledge. ``(2) Penalty.--A crewmember with firsthand or personal knowledge of a sexual assault or sexual harassment incident on a documented vessel who knowingly fails to report in compliance with paragraph (a)(1) is liable to the United States Government for a civil penalty of not more than $5,000. ``(3) Amnesty.--A crewmember who fails to make the required reporting in paragraph (a)(1) shall not be subject to the penalty described in paragraph (a)(2) if the complaint is shared in confidence with the crewmember directly from the assaulted individual or the crewmember is a victim advocate as defined in section 12291 of title 34, United States Code. ``(b) Mandatory Reporting by Vessel Owner.-- ``(1) In general.--A vessel owner or managing operator of a documented vessel or the employer of a seafarer on that vessel shall report to the Secretary any complaint or incident of harassment, sexual harassment, or sexual assault in violation of employer policy or law, of which such vessel owner or managing operator of a vessel engaged in commercial service, or the employer of the seafarer is made aware. Such reporting shall include results of any investigation into the incident, if applicable, and any action taken against the offending crewmember. ``(2) Penalty.--A vessel owner or managing operator of a vessel engaged in commercial service, or the employer of a seafarer on that vessel who knowingly fails to report in compliance with paragraph (b)(1) is liable to the United States Government for a civil penalty of not more than $25,000. ``(c) Reporting Procedures.-- ``(1) A report required by subsection (a) shall be made as soon as practicable, but no later than 10 days after the individual develops firsthand or personal knowledge of the sexual assault or sexual harassment incident to the Coast Guard National Command Center by the fastest telecommunication channel available. ``(2) A report required under subsection (b) shall be made immediately after the vessel owner, managing operator, or employer of the seafarer gains knowledge of a sexual assault or sexual harassment incident by the fastest telecommunication channel available, and such report shall be made to the Coast Guard National Command Center-- ``(A) the nearest Coast Guard Captain of the Port; or ``(B) the appropriate officer or agency of the government of the country in whose waters the incident occurs. ``(3) A report in subsections (a) and (b) shall include, to the best of the reporter's knowledge-- ``(A) the name, official position or role in relation to the vessel, and contact information of the individual making the report; ``(B) the name and official number of the documented vessel; ``(C) the time and date of the incident; ``(D) the geographic position or location of the vessel when the incident occurred; and ``(E) a brief description of the alleged sexual harassment or sexual assault being reported. ``(4) After receipt of the report made under this subsection, the Coast Guard will collect information related to the identity of each alleged victim, alleged perpetrator, and witness through means designed to protect, to the extent practicable, the personal identifiable information of such individuals. ``(d) Regulations.--The requirements of this section are effective as of the date of enactment of Safer Seas Act. The Secretary may issue additional regulations to implement the requirements of this section.''. SEC. 12. CIVIL ACTIONS FOR PERSONAL INJURY OR DEATH OF SEAMEN. (a) Personal Injury to or Death of Seamen.--Section 30104 of title 46, United States Code, is amended by inserting ``, including an injury resulting from sexual assault or sexual harassment,'' after ``in the course of employment''. (b) Time Limit on Bringing Maritime Action.--Section 30106 of title 46, United States Code, is amended-- (1) in the section heading by striking ``for personal injury or death''; (2) by striking ``Except as otherwise'' and inserting the following: ``(a) In General.--Except as otherwise''; and (3) by adding at the end the following: ``(b) Extension for Sexual Offense.--A civil action under subsection (a) arising out of a maritime tort for a claim of sexual harassment or sexual assault shall be brought not less than 5 years after the cause of action for a claim of sexual harassment or sexual assault arose.''. (c) Clerical Amendment.--The analysis for chapter 301 of title 46, United States Code, is amended by striking the item related to section 30106 and inserting the following: ``30106. Time limit on bringing maritime action.''. SEC. 13. EXEMPTION FROM REQUIREMENT TO OBTAIN MARINER LICENSE. Section 51309 of title 46, United States Code, is amended by adding at the end the following: ``(d) Exemption From Requirement To Obtain License.--The Secretary may modify or waive the requirements of section 51306(a)(2) for students who provide reasonable concerns with obtaining a merchant mariner license, including fear for safety while at sea after instances of trauma, medical condition, or inability to obtain required sea time or endorsement so long as such inability is not due to a lack of proficiency or violation of Academy policy. The issuance of a modification or waiver under this subsection shall not delay or impede graduation from the Academy.''. SEC. 14. PROTECTION OF CADETS FROM SEXUAL ASSAULT ONBOARD VESSELS. (a) In General.--Section 51322 of title 46, United States Code, is amended-- (1) by striking subsection (a) and inserting the following: ``(a) Safety Criteria.--The Maritime Administrator, after consulting with the United States Coast Guard, shall establish-- ``(1) criteria, to which an owner or operator of a vessel engaged in commercial service shall adhere prior to carrying a cadet performing their Sea Year service from the United States Merchant Marine Academy that addresses prevention of, and response to, sexual harassment, dating violence, domestic violence, sexual assault, and stalking; and ``(2) a process for collecting pertinent information from such owners or operators and verifying their compliance with the criteria. ``(b) Minimum Standards.--At a minimum, the criteria established under subsection (a) shall require the vessel owners or operators to have policies that address-- ``(1) communication between a cadet and an individual ashore who is trained in responding to incidents of sexual harassment, dating violence, domestic violence, sexual assault, and stalking; ``(2) the safety and security of cadet staterooms while a cadet is onboard the vessel, including the installation of functional door locks and policies prohibiting shipboard personnel from entering cadet staterooms; ``(3) requirements for crew to report complaints or incidents of sexual assault, sexual harassment, dating violence, domestic violence, and stalking consistent with the requirements in section 10104; ``(4) the maintenance of records of reports of sexual harassment, dating violence, domestic violence, sexual assault, and stalking onboard a vessel carrying a cadet; ``(5) the maintenance of records of sexual harassment, dating violence, domestic violence, sexual assault, and stalking training as required under subsection (f); ``(6) a requirement for the owner or operator provide each cadet a copy of the policies and procedures related to sexual harassment, dating violence, domestic violence, sexual assault, and stalking policies that pertain to the vessel on which they will be employed; and ``(7) any other issues the Maritime Administrator determines necessary to ensure the safety of cadets during Sea Year training. ``(c) Self-Certification by Owners or Operators.--The Maritime Administrator shall require the owner or operator of any commercial vessel that is carrying a cadet from the United States Merchant Marine Academy to annually certify that-- ``(1) the vessel owner or operator is in compliance with the criteria established under subsection (a); and ``(2) the vessel is in compliance with the International Convention of Safety of Life at Sea, 1974 (32 UST 47) and sections 8106 and 70103(c). ``(d) Information, Training, and Resources.--The Maritime Administrator shall ensure that a cadet participating in Sea Year-- ``(1) receives training specific to vessel safety, including sexual harassment, dating violence, domestic violence, sexual assault, and stalking prevention and response training, prior to the cadet boarding a vessel for Sea Year training; ``(2) is equipped with a satellite communication device and has been trained on its use; ``(3) has access to a helpline to report incidents of sexual harassment, dating violence, domestic violence, sexual assault, or stalking that is monitored by trained personnel; and ``(4) is informed of the legal requirements for vessel owners and operators to provide for the security of individuals onboard, including requirements under section 70103(c) and chapter 81.''; (2) by redesignating subsections (b) through (d) as subsections (e) through (g), respectively; (3) in subsection (e), by striking paragraph (2) and inserting the following: ``(2) Access to information.--The vessel operator shall make available to staff conducting a vessel check such information as the Maritime Administrator determines is necessary to determine whether the vessel is being operated in compliance with safety criteria developed pursuant to subsection (a). ``(3) Removal of students.--If staff of the Academy or staff of the Maritime Administration determine that a commercial vessel is not in compliance with the criteria established under subsection (a), the staff-- ``(A) may remove a cadet of the Academy from the vessel; and ``(B) shall report such determination of non- compliance to the owner or operator of the vessel.''; (4) in subsection (f), as so redesignated, by striking ``or the seafarer union'' and inserting ``and the seafarer union''; and (5) by adding at the end the following: ``(h) Noncommercial Vessels.-- ``(1) In general.--A public vessel (as defined in section 2101) shall not be subject to the requirements of this section. ``(2) Requirements for participation.--The Maritime Administrator may establish criteria and requirements that the operators of public vessels shall meet to participate in the Sea Year program of the United States Merchant Marine Academy that addresses prevention of, and response to, sexual harassment, dating violence, domestic violence, sexual assault, and stalking.''. (b) Regulations.-- (1) In general.--The Maritime Administrator may prescribe rules as necessary to carry out the amendments made by this section. (2) Interim rules.--The Maritime Administrator may prescribe interim rules necessary to carry out the amendments made by this section. For this purpose, the Maritime Administrator in prescribing rules under paragraph (1) is excepted from compliance with the notice and comment requirements of section 553 of title 5, United States Code. All rules prescribed under the authority of the amendments made by this section shall remain in effect until superseded by a final rule. (c) Conforming Amendments.-- (1) Sea year compliance.--Section 3514 of the National Defense Authorization Act for Fiscal Year 2017 (46 U.S.C. 51318 note) is repealed. (2) Access of academy cadets to dod safe or equivalent helpline.--Section 3515 of the National Defense Authorization Act for Fiscal Year 2018 (46 U.S.C. 51518 note) is amended by striking subsection (b) and redesignating subsection (c) as subsection (b). <all>

Safer Seas Act

To amend title 46, United States Code, to provide for certain protections against sexual harassment and sexual assault, and for other purposes.

Safer Seas Act

Rep. DeFazio, Peter A.

D

OR

H.R.6670

Labor and Employment

Schedules That Work Act This bill provides employees with the right to request changes to their work schedules related to the number of hours they are required to work or be on call, the location of the work, the amount of notification about work schedule assignments, and fluctuations in work hours. Employers must negotiate in good faith with employees who make such requests and comply with certain work schedule notice and split shift pay requirements for retail, food service, cleaning, hospitality, or warehouse employees.

To permit employees to request changes to their work schedules without fear of retaliation and to ensure that employers consider these requests, and to require employers to provide more predictable and stable schedules for employees in certain occupations with evidence of unpredictable and unstable scheduling practices that negatively affect employees, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Schedules That Work Act''. (b) Findings.--Congress finds the following: (1) The vast majority of the United States workforce today is juggling responsibilities at home and at work. Women are primary breadwinners or co-breadwinners in \2/3\ of families with children in the United States. (2) Despite the dual responsibilities of today's workforce, many workers have little notice of their work schedules and lack the ability to make changes to the work hours in such schedules, which undermines their ability to accommodate family responsibilities. (3)(A) Mothers working in low-paid jobs are more likely to be the primary or sole breadwinner for their families than mothers working in higher-paid jobs. For example, nearly 7 in 10 mothers in the \1/5\ of households in the United States with the lowest incomes bring home all or most of their families' income, compared to less than \1/3\ of their counterparts in the highest-income quintile. (B) At the same time, low-paid workers often have the least control over their work hours and face the most unpredictable schedules. In some industries, ``just-in-time'' scheduling practices, which base workers' schedules on perceived consumer demand to minimize labor costs, are particularly common. Employers using these practices often post work schedules with little notice, vary work hours widely from week to week, cancel shifts at the last minute, and schedule employees for ``on call'' shifts (requiring an employee to call in to work to find out whether the employee will have to work later that day) or ``clopening'' shifts (requiring an employee to work a closing shift at night followed by an opening shift a few hours later). For example, national survey data show that-- (i) about \2/3\ of hourly retail and food service workers receive their work schedules with less than 2 weeks' advance notice and about \1/3\ receive their schedule with less than 1 week's notice; (ii) more than 1 in 5 hourly retail and food service workers have been scheduled for on-call shifts, and more than 1 in 3 have worked ``clopening'' shifts; and (iii) 65 percent of hourly retail and food service workers would like a more stable and predictable schedule. (4) Unfair work scheduling practices make it difficult for low-paid workers to-- (A) provide necessary care for children and other family members, including securing and maintaining stable child care; (B) access and receive needed care for the workers' own serious health conditions; (C) pursue workforce training; (D) get or keep a second job, which many workers need to make ends meet; (E) plan for and access transportation to reach worksites; and (F) qualify for and maintain eligibility for needed public benefits and work supports, such as child care subsidies and benefits under the supplemental nutrition assistance program, due to fluctuations in income and work hours. (5) Unstable work schedules pre-date the pandemic and economic recession caused by COVID-19, but the harm of these workplace practices is exacerbated as millions of workers risk their own health and safety at jobs with few protections, volatile schedules, and inadequate hours, in an effort to support themselves and their families. Employers have continued to use ``just-in-time'' scheduling practices throughout the pandemic, even as workers face additional caregiving challenges due to school and child care closures and quarantines. (6) A growing body of research demonstrates that unstable and unpredictable work schedules have significant detrimental impacts on sleep quality, mental health, and happiness, and are associated with unstable child care arrangements and negative health and behavioral outcomes for children. And impacts are likely to be the most severe for workers of color and their families, as workers of color are more likely than their White counterparts--even compared to White coworkers at the same company--to experience unstable work schedules. Unstable and unpredictable work schedules--and the work-family conflict they produce--are also associated with higher rates of turnover, which creates further instability for employers and workers. Some examples of the detrimental impacts of unstable and unpredictable work schedules are as follows: (A) Unstable work schedules lead to more household economic strain and time conflicts and undermine the well-being of parents, all of which can negatively impact children's health and behavior. (B) Workers with the most severe instability in their work schedules also face the highest risk of negative behavior and health outcomes for their children. (C) The exposure of a parent to on-call shifts and last-minute shift changes are associated with more unstable child care arrangements and with the use of siblings to provide care. (D) Work schedule instability causes more work- family conflict, which increases the chance that a worker will be forced to leave his or her job, which is associated with downward mobility of the earnings of the worker. (E)(i) Relative to White workers, workers of color are more likely to-- (I) have cancelled shifts; (II) have on-call shifts; (III) be involuntary part-time workers; (IV) have trouble getting time off; and (V) work ``clopening'' shifts, as described in paragraph (3)(B). (ii) The statistics described in clause (i) remain true after controlling for demographics, human capital, worker power, firm segregation, and discordance with the race or ethnicity of the worker and the manager. Race gaps in job quality are greater for women of color. (F) Workers who receive shorter advanced notice, who work on-call shifts, who experience last-minute shift cancellation and timing changes, or with more volatile work hours are more likely to experience hunger, residential hardships, and more overall economic hardship. (7) Unpredictable and unstable work schedules are common in a wide range of occupations, with evidence of particular concentration in food service, retail, cleaning, hospitality, and warehouse occupations. These occupations are critically important to the United States economy. (8) Employers that have implemented fair work scheduling policies that allow workers to have more control over their work schedules, and provide more predictable and stable schedules, have experienced significant benefits, including reductions in absenteeism and workforce turnover, and increased worker morale and engagement. For example, when Gap Inc. piloted strategies to make work schedules more stable and predictable for employees, the Gap Inc. stores that implemented these strategies experienced higher productivity and a 7 percent increase in sales, compared to those Gap Inc. stores that did not implement these strategies. (9) This Act is a first step in responding to the needs of workers for a voice in the timing of their work hours and for more predictable schedules. SEC. 2. DEFINITIONS. In this Act: (1) Bona fide business reason.--The term ``bona fide business reason'' means-- (A) the identifiable burden of additional costs to an employer, including the cost of productivity loss, retraining or hiring employees, or transferring employees from one facility to another facility; (B) a significant detrimental effect on the employer's ability to meet organizational needs or customer demand; (C) a significant inability of the employer, despite best efforts, to reorganize work among existing (as of the date of the reorganization) staff; (D) a significant detrimental effect on business performance; (E) insufficiency of work during the periods an employee proposes to work; (F) the need to balance competing scheduling requests when it is not possible to grant all such requests without a significant detrimental effect on the employer's ability to meet organizational needs; or (G) such other reason as may be specified by the Secretary of Labor (or, as applicable, the corresponding administrative officer specified in section 7(e)). (2) Career-related educational or training program.--The term ``career-related educational or training program'' means an educational or training program or program of study offered by a public, private, or nonprofit career and technical education school, institution of higher education, or other entity that provides academic education, career and technical education, or training (including remedial education or English as a second language, as appropriate), that is a program that leads to a recognized postsecondary credential (as identified under section 122(d) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3152(d))), and provides career awareness information. The term includes a program allowable under the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.), the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.), or the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), without regard to whether or not the program is funded under the corresponding Act. (3) Caregiver.--The term ``caregiver'' means an individual with the status of being a significant provider of-- (A) ongoing care or education, including responsibility for securing the ongoing care or education, of a child; or (B) ongoing care, including responsibility for securing the ongoing care, of-- (i) a person with a serious health condition who is in a family relationship with the individual; or (ii) a parent of the individual, who is age 65 or older. (4) Child.--The term ``child'' means a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis to that child, who is-- (A) under age 18; or (B) age 18 or older and incapable of self-care because of a mental or physical disability. (5) Commerce terms.--The terms ``commerce'' and ``industry or activity affecting commerce'' have the meanings given the terms in section 101 of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611). (6) Covered employer.-- (A) In general.--The term ``covered employer''-- (i) means any person engaged in commerce or in any industry or activity affecting commerce who employs 15 or more employees (described in paragraph (9)(A)); (ii) includes any person who acts, directly or indirectly, in the interest of such an employer to any of the employees (described in paragraph (9)(A)) of such employer; (iii) includes any successor in interest of such an employer; and (iv) includes an agency described in subparagraph (A)(iii) of section 101(4) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611(4)), to which subparagraph (B) of such section shall apply. (B) Rule.--For purposes of determining the number of employees who work for a person described in subparagraph (A)(i), all employees (described in paragraph (9)(A)) performing work for compensation on a full-time, part-time, or temporary basis shall be counted, except that if the number of such employees who perform work for such a person for compensation fluctuates, the number may be determined for a calendar year based upon the average number of such employees who performed work for the person for compensation during the preceding calendar year. (C) Person.--In this paragraph, the term ``person'' has the meaning given the term in section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203). (7) Domestic partner.--The term ``domestic partner'' means the individual recognized as being in a relationship with an employee under any domestic partnership, civil union, or similar law of the State or political subdivision of a State in which the employee resides. (8) Employ.--The term ``employ'' has the meaning given the term in section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203). (9) Employee.--The term ``employee'' means an individual who is-- (A) an employee, as defined in section 3(e) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(e)), who is not described in any of subparagraphs (B) through (G); (B) a State employee described in section 304(a) of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e-16c(a)); (C) a covered employee, as defined in section 101 of the Congressional Accountability Act of 1995 (2 U.S.C. 1301), other than an applicant for employment; (D) a covered employee, as defined in section 411(c) of title 3, United States Code; (E) a Federal officer or employee covered under subchapter V of chapter 63 of title 5, United States Code; (F) an employee of the Library of Congress; or (G) an employee of the Government Accountability Office. (10) Employer.--The term ``employer'' means a person-- (A) who is-- (i) a covered employer, as defined in paragraph (6), who is not described in any of clauses (ii) through (vii); (ii) an entity employing a State employee described in section 304(a) of the Government Employee Rights Act of 1991; (iii) an employing office, as defined in section 101 of the Congressional Accountability Act of 1995; (iv) an employing office, as defined in section 411(c) of title 3, United States Code; (v) an employing agency covered under subchapter V of chapter 63 of title 5, United States Code; (vi) the Librarian of Congress; or (vii) the Comptroller General of the United States; and (B) who is engaged in commerce (including government), in the production of goods for commerce, or in an enterprise engaged in commerce (including government) or in the production of goods for commerce. (11) Family relationship.--The term ``family relationship'' means a relationship with-- (A) a child, spouse, domestic partner, parent, grandchild, grandparent, sibling, or parent of a spouse or domestic partner; or (B) any individual related to the employee involved by blood or affinity, whose close association with the employee is the equivalent of a family relationship described in subparagraph (A). (12) Grandchild.--The term ``grandchild'' means the child of a child. (13) Grandparent.--The term ``grandparent'' means the parent of a parent. (14) Hospitality establishment.--The term ``hospitality establishment'' means a hotel, motel, inn, or similar transient lodging establishment. (15) Minimum number of expected work hours.--The term ``minimum number of expected work hours'' means the minimum number of hours an employee will be assigned to work on a weekly or monthly basis. (16) Nonexempt employee.--The term ``nonexempt employee'' means an employee who is not employed in a bona fide executive, administrative, or professional capacity, as defined for purposes of section 13(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(a)(1)). (17) On-call shift.--The term ``on-call shift'' means any time during which an employer requires an employee to-- (A) be available to work; and (B) contact the employer or the designee of the employer, or wait to be contacted by the employer or designee, to determine whether the employee is required to report to work at that time. (18) Parent.--The term ``parent'' means a biological or adoptive parent, a stepparent, or a person who stood in a parental relationship to an employee when the employee was a child. (19) Parental relationship.--The term ``parental relationship'' means a relationship in which a person assumed the obligations incident to parenthood for a child and discharged those obligations before the child reached adulthood. (20) Retail, food service, cleaning, hospitality, or warehouse employee.--The term ``retail, food service, cleaning, hospitality, or warehouse employee'' means a nonexempt employee who is employed in a hospitality establishment, in a warehouse establishment, or in any of the following occupations, as described by the Bureau of Labor Statistics Standard Occupational Classification System (as in effect on the day before the date of enactment of this Act): (A) Retail sales occupations consisting of occupations described in 41-1010 and 41-2000, and all subdivisions thereof, of such System, which includes first-line supervisors of sales workers, cashiers, gambling change persons and booth cashiers, counter and rental clerks, parts salespersons, and retail salespersons. (B) Food preparation and serving related occupations as described in 35-0000, and all subdivisions thereof, of such System, which includes supervisors of food preparation and serving workers, cooks and food preparation workers, food and beverage serving workers, and other food preparation and serving related workers. (C) Cleaning occupations as described in 37-2011, 37-2012, and 37-2019 of such System, which includes janitors and cleaners, maids and housekeeping cleaners, and building cleaning workers. (21) Secretary.--The term ``Secretary'' means the Secretary of Labor. (22) Secretary's designated employee.--The term ``Secretary's designated employee'' means an employee employed in an occupation, other than a retail, food service, cleaning, hospitality, or warehouse occupation, that is designated by the Secretary under section 9(a)(2) as appropriate for coverage under section 4. (23) Serious health condition.--The term ``serious health condition'' has the meaning given the term in section 101 of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611). (24) Sibling.--The term ``sibling'' means a brother or sister, whether related by half blood, whole blood, or adoption, or as a stepsibling. (25) Split shift.--The term ``split shift'' means a schedule of daily hours in which the hours worked are not consecutive, except that-- (A) a schedule in which the total time out for meals does not exceed one hour shall not be treated as a split shift; and (B) a schedule in which the break in the employee's work shift is requested by the employee shall not be treated as a split shift. (26) Spouse.-- (A) In general.--The term ``spouse'' means a person with whom an individual entered into-- (i) a marriage as defined or recognized under State law in the State in which the marriage was entered into; or (ii) in the case of a marriage entered into outside of any State, a marriage that is recognized in the place where entered into and could have been entered into in at least 1 State. (B) Same-sex or common law marriage.--Such term includes an individual in a same-sex or common law marriage that meets the requirements of subparagraph (A). (27) State.--The term ``State'' has the meaning given the term in section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203). (28) Warehouse establishment.--The term ``warehouse establishment'' means any business that engages primarily in the storage of goods, wares, or commodities for hire or compensation, and, in connection with such storage, may include the loading, packing, sorting, stacking, wrapping, distribution, or delivery of those goods, wares, or commodities. (29) Work schedule.--The term ``work schedule'' means all of an employee's work shifts and on-call shifts, including specific start and end times for each shift, during a consecutive 7-day period. (30) Work schedule change.--The term ``work schedule change'' means any modification to an employee's work schedule, such as an addition or reduction of hours, cancellation of a shift, or a change in the date or time of a work shift, by an employer. (31) Work shift.--The term ``work shift'' means the specific hours of the workday during which an employee works. SEC. 3. RIGHT TO REQUEST AND RECEIVE A FLEXIBLE, PREDICTABLE, OR STABLE WORK SCHEDULE. (a) Right To Request.--An employee may apply to the employee's employer to request a change in the terms and conditions of employment as they relate to-- (1) the number of hours the employee is required to work or be on call for work; (2) the times when the employee is required to work or be on call for work; (3) the location where the employee is required to work; (4) the amount of notification the employee receives of work schedule assignments; and (5) minimizing fluctuations in the number of hours the employee is scheduled to work on a daily, weekly, or monthly basis. (b) Employer Obligation To Engage in an Interactive Process.-- (1) In general.--If an employee applies to the employee's employer to request a change in the terms and conditions of employment as set forth in subsection (a), the employer shall engage in a timely, good-faith interactive process with the employee that includes a discussion of potential schedule changes that would meet the employee's needs. (2) Result.--Such process shall result in-- (A) subject to subsections (c) and (d), either granting or denying the request; and (B) in the event of a denial-- (i) considering alternatives to the proposed change that might meet the employee's needs and granting or denying a request for an alternative change in the terms and conditions of employment as set forth in subsection (a); and (ii) stating the reason for denial, including whether any such reason is a bona fide business reason. (3) Information.--If information provided by the employee making a request under this section requires clarification, the employer shall explain what further information is needed and give the employee reasonable time to produce the information. (c) Requests Related to Caregiving, Enrollment in Education or Training, or a Second Job.--If an employee makes a request for a change in the terms and conditions of employment as set forth in subsection (a) because of a serious health condition of the employee, due to the employee's responsibilities as a caregiver, or due to the employee's enrollment in a career-related educational or training program, or if an employee makes a request for such a change for a reason related to a second job, the employer shall grant the request, unless the employer has a bona fide business reason for denying the request. (d) Other Requests.--If an employee makes a request for a change in the terms and conditions of employment as set forth in subsection (a), for a reason other than those reasons set forth in subsection (c), the employer may deny the request for any reason that is not unlawful. If the employer denies such a request, the employer shall provide the employee with the reason for the denial, including whether any such reason is a bona fide business reason. SEC. 4. REQUIREMENTS FOR ADVANCE NOTICE OF WORK SCHEDULES, PREDICTABILITY PAY, AND SPLIT SHIFT PAY FOR RETAIL, FOOD SERVICE, CLEANING, HOSPITALITY, WAREHOUSE, OR SECRETARY'S DESIGNATED EMPLOYEES. (a) Advance Notice Requirement.-- (1) Providing notice of work schedules.-- (A) In general.--An employer shall provide a retail, food service, cleaning, hospitality, or warehouse employee, or Secretary's designated employee, with the work schedule of the employee-- (i) not less than 14 days before the first day of such work schedule; or (ii) in the case of a new retail, food service, cleaning, hospitality, or warehouse employee, or Secretary's designated employee, on or before the first day of work of such employee. (B) Compensation for failure to provide notice of work schedule.--An employer that violates subparagraph (A) shall compensate each affected employee in the amount of $75 per day that a work schedule is not provided in violation of such subparagraph. (C) Work schedule change.--An employer may make a work schedule change for the work schedule of a retail, food service, cleaning, hospitality, or warehouse employee, or Secretary's designated employee, provided in accordance with subparagraph (A) if-- (i) such work schedule change is made not less than 14 days prior to the first day on which the change is to take effect; or (ii) the employer provides predictability pay for such change in accordance with subsection (b). (D) Minimum expected work hours.-- (i) In general.--An employer shall inform a retail, food service, cleaning, hospitality, or warehouse employee, or Secretary's designated employee, of an estimate of the minimum number of expected work hours the employee will be assigned to work per month for the following 12-month period-- (I) in the case of a new retail, food service, cleaning, hospitality, or warehouse employee, or Secretary's designated employee, on or before the first day of work of such employee; or (II) in the case of a retail, food service, cleaning, hospitality, or warehouse employee, or Secretary's designated employee, who is employed by the employer on the date of enactment of this Act, not later than 90 days after such date. (ii) Updating minimum expected work hours.--An employer shall, not less than once each year, provide each employee an updated estimate of the minimum number of expected work hours the employee will be assigned to work per month for the following 12-month period. Such a revised estimate shall be provided not later than the earlier of (as applicable)-- (I) 1 year after the date on which the estimate was provided under clause (i) or the most recent update of an estimate was provided under this clause; or (II) the day before the effective date of a significant change to the minimum expected work hours of the employee due to changes in the availability of the employee or to the business needs of the employer. (2) Notifications in writing.--The notifications required under subparagraphs (A) and (D) of paragraph (1) shall be made to the employee involved in writing. (3) Schedule posting requirement.-- (A) In general.--Every employer employing any retail, food service, cleaning, hospitality, or warehouse employee, or Secretary's designated employee, shall post a copy of the work schedule of each such employee and keep it posted in a conspicuous place in every establishment where such employee is employed so as to permit the employee involved to readily observe the copy. Availability of that schedule by electronic means accessible to all retail, food service, cleaning, hospitality, or warehouse employees, or Secretary's designated employees, of that employer shall be considered compliance with this subparagraph. (B) Right to decline.--A retail, food service, cleaning, hospitality, or warehouse employee, or Secretary's designated employee, may decline, without penalty, to work any hours not included in the work schedule posted under subparagraph (A) as work hours for the employee. (C) Consent.--Except as described in subsection (b)(2), if a retail, food service, cleaning, hospitality, or warehouse employee, or Secretary's designated employee, voluntarily consents to work any hours not posted under subparagraph (A), such consent must be recorded in writing. (4) Rule of construction.--Nothing in this subsection shall be construed to prohibit an employer from-- (A) providing greater advance notice of the work schedule of a retail, food service, cleaning, hospitality, or warehouse employee, or Secretary's designated employee, than is required under this subsection; or (B) using any means, in addition to the written means required under paragraph (2), of notifying a retail, food service, cleaning, hospitality, or warehouse employee, or Secretary's designated employee, of the work schedule of the employee. (b) Predictability Pay for Work Schedule Changes Made With Less Than 14 Days' Notice.-- (1) In general.--Except as provided in paragraph (2), for each work schedule change provided to a retail, food service, cleaning, hospitality, or warehouse employee, or Secretary's designated employee, that occurs less than 14 days prior to the first day on which the change is to take effect, the employer of the affected employee shall be required to provide the affected employee with pay (referred to in this subsection as ``predictability pay'') at the following rates: (A) The employee's regular rate of pay per hour that the employee works plus one additional hour at such regular rate per work schedule change if the employer-- (i) adds any hours to the hours the employee is scheduled to work under subsection (a); or (ii) changes the date, time, or location of the work shift the employee is scheduled to work under subsection (a) with no loss of hours. (B) Not less than \1/2\ times the employee's regular rate of pay per hour for any hour that the employee is scheduled to work under subsection (a) and does not work due to the employer reducing or canceling such scheduled hours of work. (2) Exceptions to predictability pay.--An employer shall not be required to pay predictability pay under paragraph (1), or to obtain written consent pursuant to subsection (a)(3)(C), under any of the following circumstances: (A) A retail, food service, cleaning, hospitality, or warehouse employee, or Secretary's designated employee, requests a shift change in writing, including through the use of sick leave, vacation leave, or any other leave policy offered by the employer. (B) A schedule change is the result of a mutually agreed upon shift trade or coverage arrangement between retail, food service, cleaning, hospitality, or warehouse employees, or Secretary's designated employees, subject to any policy of the employer regarding required conditions for employees to exchange shifts. (C) The employer's operations cannot begin or continue due to-- (i) a threat to the property of an employee or the employer; (ii) the failure of a public utility or the shutdown of public transportation; (iii) a fire, flood, or other natural disaster; (iv) a state of emergency declared by the President of the United States or by the Governor of the State, or the mayor of the city, in which the operations are located; or (v) a severe weather condition that poses a threat to employee safety. (c) Split Shift Pay Requirement.--An employer shall pay a retail, food service, cleaning, hospitality, or warehouse employee, or Secretary's designated employee, for 1 additional hour at the employee's regular rate of pay for each day during which the employee works a split shift. (d) Pay Stub Transparency.--Any pay provided to an employee pursuant to subsection (a), (b), or (c) (referred to in this subsection as ``additional pay'') shall be included in the employee's regular paycheck. The employer shall identify, in the corresponding written wage statement or pay stub, the total number of hours of additional pay provided for the pay period involved and whether the additional pay was due to the requirements of subsection (a), the requirements of subsection (b), or the requirements of subsection (c). SEC. 5. RIGHT TO REST BETWEEN WORK SHIFTS. (a) In General.--An employee employed by a covered employer may decline, without penalty, to work any work shift or on-call shift that is scheduled or otherwise occurs-- (1) less than 11 hours after the end of the work shift or on-call shift for the previous day; or (2) during the 11 hours following the end of a work shift or on-call shift that spanned 2 days. (b) Consent.-- (1) In general.--A covered employer shall obtain written consent from an employee in order for the employee to work any shift described in subsection (a). Such consent may be for each such shift or for multiple shifts. (2) Revocation.--An employee may revoke the consent provided under paragraph (1), in writing, at any time during the employment. (c) Compensation.--For each instance that an employee employed by a covered employer works a shift described in subsection (a), the covered employer shall compensate the employee at 1.5 times the employee's scheduled rate of pay for the hours worked that are less than 11 hours apart from the hours worked during the previous shift. SEC. 6. PROHIBITED ACTS. (a) Interference With Rights.--It shall be unlawful for any employer to interfere with, restrain, or deny the exercise or the attempt to exercise, any right of-- (1) an employee as set forth in section 3; (2) a retail, food service, cleaning, hospitality, or warehouse employee, or Secretary's designated employee, as set forth in section 4; or (3) an employee of a covered employer as set forth in section 5. (b) Retaliation Prohibited.--It shall be unlawful for any employer to discharge, threaten to discharge, demote, suspend, reduce work hours of, or take any other adverse employment action against any employee in retaliation for exercising the rights of an employee under this Act or opposing any practice made unlawful by this Act. For purposes of section 3, such retaliation shall include taking an adverse employment action against any employee on the basis of that employee's request for a change in work schedule, or because of an employee's eligibility or perceived eligibility to request or receive a change in the terms and conditions of employment, as described in such section, on the basis of a reason set forth in section 3(c). (c) Interference With Proceedings or Inquiries.--It shall be unlawful for any person to discharge or in any other manner discriminate against any individual because such individual-- (1) has filed any charge, or has instituted or caused to be instituted any proceeding, under or related to this Act; (2) has given or is about to give, any information in connection with any inquiry or proceeding relating to any right provided under this Act; or (3) has testified, or is about to testify, in any inquiry or proceeding relating to any right provided under this Act. SEC. 7. REMEDIES AND ENFORCEMENT. (a) Investigative Authority.-- (1) In general.--To ensure compliance with this Act, or any regulation or order issued under this Act, the Secretary shall have, subject to paragraph (3), the investigative authority provided under section 11(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 211(a)). (2) Obligation to keep and preserve records.--Each employer shall make, keep, and preserve records pertaining to compliance with this Act in accordance with regulations issued by the Secretary under section 9. (3) Required submissions generally limited to an annual basis.--The Secretary shall not require, under the authority of this subsection, any employer to submit to the Secretary any books or records more than once during any 12-month period, unless the Secretary has reasonable cause to believe there may exist a violation of this Act or any regulation or order issued pursuant to this Act, or is investigating a charge pursuant to subsection (c). (4) Subpoena powers.--For the purposes of any investigation provided for in this section, the Secretary shall have the subpoena authority provided for under section 9 of the Fair Labor Standards Act of 1938 (29 U.S.C. 209). (b) Civil Action by Employees.-- (1) Liability.-- (A) In general.--Any employer who violates section 6(a)(2) (with respect to a right set forth in subsection (a), (b), or (c) of section 4), section 5, or subsection (b) or (c) of section 6 (each such provision referred to in this section as a ``covered provision'') shall be liable to any employee affected for-- (i) damages equal to the amount of-- (I) any wages, salary, employment benefits (as defined in section 101 of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611)), or other compensation denied, lost, or owed to such employee by reason of the violation; or (II) in a case in which wages, salary, employment benefits (as so defined), or other compensation have not been denied, lost, or owed to the employee, any actual monetary losses sustained by the employee as a direct result of the violation; (ii) interest on the amount described in clause (i) calculated at the prevailing rate; (iii) except as described in subparagraph (B), an additional amount as liquidated damages equal to the sum of the amount described in clause (i) and the interest described in clause (ii); and (iv) such equitable relief as may be appropriate, including employment, reinstatement, and promotion. (B) Exception for liquidated damages.--If an employer who has violated a covered provision proves to the satisfaction of the court that the act or omission which violated the covered provision was in good faith and that the employer had reasonable grounds for believing that the act or omission was not a violation of a covered provision, such court may, in the discretion of the court, waive such liquidated damages. (2) Right of action.--An action to recover the damages, interest, or equitable relief set forth in paragraph (1) may be maintained against any employer (including a public agency) in any Federal or State court of competent jurisdiction by any one or more employees for and on behalf of-- (A) the employees; or (B) the employees and any other employees similarly situated. (3) Fees and costs.--The court in such an action shall, in addition to any judgment awarded to the plaintiff, allow a reasonable attorney's fee, reasonable expert witness fees, and other costs of the action to be paid by the defendant. (4) Limitations.--The right provided by paragraph (2) to bring an action by or on behalf of any employee shall terminate on the filing of a complaint by the Secretary in an action under subsection (c)(4) in which a recovery is sought of the damages, interest, or equitable relief described in paragraph (1)(A) owing to an employee by an employer liable under paragraph (1) unless the action described is dismissed without prejudice on motion of the Secretary. (c) Actions by the Secretary.-- (1) Administrative action.--The Secretary shall receive, investigate, and attempt to resolve complaints of violations of this Act in the same manner that the Secretary receives, investigates, and attempts to resolve complaints of violations of sections 6 and 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206 and 207), and may issue an order making determinations, and assessing a civil penalty described in paragraph (3) (in accordance with paragraph (3)), with respect to such an alleged violation. (2) Administrative review.--An affected person who takes exception to an order issued under paragraph (1) may request review of and a decision regarding such an order by an administrative law judge. In reviewing the order, the administrative law judge may hold an administrative hearing concerning the order, in accordance with the requirements of sections 554, 556, and 557 of title 5, United States Code. Such hearing shall be conducted expeditiously. If no affected person requests such review within 60 days after the order is issued under paragraph (1), the order shall be considered to be a final order that is not subject to judicial review. (3) Civil penalty.--An employer who willfully and repeatedly violates-- (A) section 4 or 5 shall be subject to a civil penalty in an amount to be determined by the Secretary, but not to exceed $100 per violation; and (B) subsection (b) or (c) of section 6 shall be subject to a civil penalty in an amount to be determined by the Secretary, but not to exceed $1,100 per violation. (4) Civil action.--The Secretary may bring an action in any court of competent jurisdiction on behalf of aggrieved employees to-- (A) restrain violations of this Act; (B) award such equitable relief as may be appropriate, including employment, reinstatement, and promotion; and (C) in the case of a violation of a covered provision, recover the damages and interest described in clauses (i) through (iii) of subsection (b)(1)(A). (d) Limitation.-- (1) In general.--Except as provided in paragraph (2), an action may be brought under this section not later than 2 years after the date of the last event constituting the alleged violation for which the action is brought. (2) Willful violation.--In the case of such action brought for a willful violation of section 6, such action may be brought within 3 years of the date of the last event constituting the alleged violation for which such action is brought. (3) Commencement.--In determining when an action is commenced by the Secretary or by an employee under this section for the purposes of this subsection, it shall be considered to be commenced on the date when the complaint is filed. (e) Other Administrative Officers.-- (1) Board.--In the case of employees described in section 2(9)(C), the authority of the Secretary under this Act shall be exercised by the Board of Directors of the Office of Congressional Workplace Rights. (2) President; merit systems protection board.--In the case of employees described in section 2(9)(D), the authority of the Secretary under this Act shall be exercised by the President and the Merit Systems Protection Board. (3) Office of personnel management.--In the case of employees described in section 2(9)(E), the authority of the Secretary under this Act shall be exercised by the Office of Personnel Management. (4) Librarian of congress.--In the case of employees of the Library of Congress, the authority of the Secretary under this Act shall be exercised by the Librarian of Congress. (5) Comptroller general.--In the case of employees of the Government Accountability Office, the authority of the Secretary under this Act shall be exercised by the Comptroller General of the United States. SEC. 8. NOTICE AND POSTING. (a) In General.--Each employer shall post and keep posted, in conspicuous places on the premises of the employer where notices to employees and applicants for employment are customarily posted, a notice, to be prepared or approved by the Secretary (or, as applicable, the corresponding administrative officer specified in section 7(e)) setting forth excerpts from, or summaries of, the pertinent provisions of this Act and information pertaining to the filing of a complaint under this Act. (b) Penalty.--Any employer that willfully violates this section may be assessed a civil money penalty not to exceed $100 for each separate offense. SEC. 9. REGULATIONS. (a) Secretary of Labor.-- (1) In general.--Except as provided in subsections (b) through (f), not later than 180 days after the date of enactment of this Act, the Secretary shall issue such regulations as may be necessary to implement this Act. (2) Regulations regarding additional occupations to be covered.-- (A) In general.--In carrying out paragraph (1), the Secretary shall issue regulations that specify a process the Secretary will follow, in accordance with subparagraph (B), to identify and designate occupations in addition to retail, food service, cleaning, hospitality, or warehouse occupations that are appropriate for coverage under section 4. Nonexempt employees in occupations designated under this subparagraph shall be Secretary's designated employees. (B) Criteria.--The regulations under subparagraph (A) shall provide that the Secretary shall so designate an additional occupation-- (i) in which not less than 10 percent of workers employed in the occupation generally-- (I) receive advance notice of their work schedules less than 14 days before the first day of the work schedules; or (II) experience fluctuations in the number of hours the employees are scheduled to work on a daily, weekly, or monthly basis; or (ii) for which the Secretary determines such designation is appropriate. (C) Data review.--In issuing regulations under subparagraph (A), the Secretary shall specify the process by which the Department of Labor will review data from stakeholders, and data collected or generated by the Department, in designating occupations. (b) Board.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, the Board of Directors of the Office of Congressional Workplace Rights shall issue such regulations as may be necessary to implement this Act with respect to employees described in section 2(9)(C). The procedures applicable to regulations of the Board issued for the implementation of the Congressional Accountability Act of 1995 (2 U.S.C. 1301 et seq.), prescribed in section 304 of that Act (2 U.S.C. 1384), shall be the procedures applicable to regulations issued under this subsection. (2) Consideration.--In prescribing the regulations, the Board shall take into consideration the enforcement and remedies provisions concerning the Office, and applicable to rights and protections under the Family and Medical Leave Act of 1993 (29 U.S.C. 2601 et seq.), under the Congressional Accountability Act of 1995 (2 U.S.C. 1301 et seq.). (3) Modifications.--The regulations issued under paragraph (1) to implement this Act shall be the same as substantive regulations issued by the Secretary to implement this Act, except to the extent that the Board may determine, for good cause shown and stated together with the regulations issued by the Board, that a modification of such substantive regulations would be more effective for the implementation of the rights and protections under this Act with respect to the employees described in section 2(9)(C). (c) President.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, the President shall issue such regulations as may be necessary to implement this Act with respect to employees described in section 2(9)(D). (2) Consideration.--In prescribing the regulations, the President shall take into consideration the enforcement and remedies provisions concerning the President and the Merit Systems Protection Board, and applicable to rights and protections under the Family and Medical Leave Act of 1993, under chapter 5 of title 3, United States Code. (3) Modifications.--The regulations issued under paragraph (1) to implement this Act shall be the same as substantive regulations issued by the Secretary to implement this Act, except to the extent that the President may determine, for good cause shown and stated together with the regulations issued by the President, that a modification of such substantive regulations would be more effective for the implementation of the rights and protections under this Act with respect to the employees described in section 2(9)(D). (d) Office of Personnel Management.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, the Office of Personnel Management shall issue such regulations as may be necessary to implement this Act with respect to employees described in section 2(9)(E). (2) Consideration.--In prescribing the regulations, the Office shall take into consideration the enforcement and remedies provisions concerning the Office under subchapter V of chapter 63 of title 5, United States Code. (3) Modifications.--The regulations issued under paragraph (1) to implement this Act shall be the same as substantive regulations issued by the Secretary to implement this Act, except to the extent that the Office may determine, for good cause shown and stated together with the regulations issued by the Office, that a modification of such substantive regulations would be more effective for the implementation of the rights and protections under this Act with respect to the employees described in section 2(9)(E). (e) Librarian of Congress.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, the Librarian of Congress shall issue such regulations as may be necessary to implement this Act with respect to employees of the Library of Congress. (2) Consideration.--In prescribing the regulations, the Librarian shall take into consideration the enforcement and remedies provisions concerning the Librarian of Congress under title I of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611 et seq.). (3) Modifications.--The regulations issued under paragraph (1) to implement this Act shall be the same as substantive regulations issued by the Secretary to implement this Act, except to the extent that the Librarian may determine, for good cause shown and stated together with the regulations issued by the Librarian, that a modification of such substantive regulations would be more effective for the implementation of the rights and protections under this Act with respect to employees of the Library of Congress. (f) Comptroller General.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, the Comptroller General shall issue such regulations as may be necessary to implement this Act with respect to employees of the Government Accountability Office. (2) Consideration.--In prescribing the regulations, the Comptroller General shall take into consideration the enforcement and remedies provisions concerning the Comptroller General under title I of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611 et seq.). (3) Modifications.--The regulations issued under paragraph (1) to implement this Act shall be the same as substantive regulations issued by the Secretary to implement this Act, except to the extent that the Comptroller General may determine, for good cause shown and stated together with the regulations issued by the Comptroller General, that a modification of such substantive regulations would be more effective for the implementation of the rights and protections under this Act with respect to employees of the Government Accountability Office. SEC. 10. RESEARCH, EDUCATION, AND TECHNICAL ASSISTANCE PROGRAM AND SURVEYS. (a) In General.--The Secretary shall provide information and technical assistance to employers, labor organizations, and the general public concerning compliance with this Act. (b) Program.--In order to achieve the objectives of this Act-- (1) the Secretary, acting through the Administrator of the Wage and Hour Division of the Department of Labor, shall issue guidance on compliance with this Act regarding providing a flexible, predictable, or stable work environment through changes in the terms and conditions of employment as provided in section 3(a); and (2) the Secretary shall carry on a continuing program of research, education, and technical assistance, including-- (A)(i) conducting pilot programs that implement fairer work schedules, including by promoting cross training, providing 3 weeks or more advance notice of schedules, providing employees with a minimum number of hours of work, and using electronic workforce management systems to provide more flexible, predictable, and stable schedules for employees; and (ii) evaluating the results of such pilot programs for employees, employee's families, and employers; (B) publishing and otherwise making available to employers, labor organizations, professional associations, educational institutions, the various communication media, and the general public the findings of studies regarding fair work scheduling policies and other materials for promoting compliance with this Act; (C) sponsoring and assisting State and community informational and educational programs; and (D) providing technical assistance to employers, labor organizations, professional associations, and other interested persons on means of achieving and maintaining compliance with the provisions of this Act. (c) Current Population Survey.--The Secretary, acting through the Commissioner of the Bureau of Labor Statistics, and the Director of the Bureau of the Census shall-- (1) include in the Current Population Survey questions on-- (A) the magnitude of fluctuation in the number of hours the employee is scheduled to work on a daily, weekly, or monthly basis; (B) the extent of advance notice an employee receives of the employee's work schedule; (C) the extent to which an employee has input in the employee's work schedule; and (D) the number of hours that an employee would prefer to work, relative to the number of hours the employee is currently working; and (2) at regular intervals, update and conduct the Contingent Worker Supplement, the Work Schedules and Work at Home Supplement, and other relevant supplements (as determined by the Secretary), to the Current Population Survey and the American Time Use Survey. SEC. 11. RIGHTS RETAINED BY EMPLOYEES. This Act provides minimum requirements and shall not be construed to preempt, limit, or otherwise affect the applicability of any other law, requirement, policy, or standard that provides for greater rights for employees than are required in this Act. SEC. 12. EXEMPTION. This Act shall not apply to any employee covered by a valid collective bargaining agreement if-- (1) the terms of the collective bargaining agreement include terms that govern work scheduling practices; and (2) the provisions of this Act are expressly waived in such collective bargaining agreement. SEC. 13. EFFECT ON OTHER LAW. (a) In General.--Nothing in this Act shall be construed as superseding, or creating or imposing any requirement in conflict with, any Federal, State, or local regulation or other law (including the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), the Family and Medical Leave Act of 1993 (29 U.S.C. 2601 et seq.), the National Labor Relations Act (29 U.S.C. 151 et seq.), the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.), and title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.)). (b) Relationship to Collective Bargaining Rights.--Nothing in this Act (including section 12) shall be construed to diminish or impair the rights of an employee under any valid collective bargaining agreement. <all>

Schedules That Work Act

To permit employees to request changes to their work schedules without fear of retaliation and to ensure that employers consider these requests, and to require employers to provide more predictable and stable schedules for employees in certain occupations with evidence of unpredictable and unstable scheduling practices that negatively affect employees, and for other purposes.

Schedules That Work Act

Rep. DeLauro, Rosa L.

D

CT

S.4420

Environmental Protection

Carbon Removal and Emissions Storage Technologies Act of 2022 or the CREST Act of 2022 This bill expands the current research and development programs of the Department of Energy (DOE) for capturing and storing carbon dioxide to include methods that harness natural processes, such as the removal of carbon dioxide from the atmosphere and its storage in geological, biobased, or ocean reservoirs. In addition, the bill establishes a five-year pilot program under which DOE must purchase from certain facilities carbon dioxide removed from the atmosphere or upper hydrosphere.

To provide for advancements in carbon removal research, quantification, and commercialization, including by harnessing natural processes, and for other 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 ``Carbon Removal and Emissions Storage Technologies Act of 2022'' or the ``CREST 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. TITLE I--CARBON REMOVAL RESEARCH AND DEVELOPMENT Subtitle A--Biomass Carbon Removal Sec. 101. Biomass carbon removal programs. Sec. 102. Biological carbon dioxide conversion programs. Subtitle B--Geological Carbon Removal Sec. 111. Carbon mineralization pilot projects. Sec. 112. Carbon mineralization resource assessment. Sec. 113. Tailings and waste mineralization program. Subtitle C--Aquatic Carbon Removal Sec. 121. Ocean carbon removal mission. Sec. 122. Direct ocean capture assessment. Sec. 123. Offshore carbon storage program and assessment. Subtitle D--Atmospheric Carbon Removal Sec. 131. Direct air capture technology manufacturing research program. Subtitle E--Carbon Removal Quantification Sec. 141. Carbon removal quantification. TITLE II--CARBON REMOVAL PURCHASING PILOT PROGRAM Sec. 201. Carbon removal purchasing pilot program. SEC. 2. DEFINITIONS. In this Act: (1) Carbon removal.--The term ``carbon removal'' means the intentional removal, including by harnessing natural processes, of carbon dioxide directly from the atmosphere or upper hydrosphere and subsequent storage of the carbon dioxide in geological, biobased, or ocean reservoirs or in value-added products that results in a net removal of carbon dioxide from the atmosphere, as measured on a lifecycle basis. (2) Carbon removal technology or approach.--The term ``carbon removal technology or approach'' includes-- (A) direct air capture with durable storage; (B) soil carbon sequestration; (C) biomass carbon removal and storage; (D) enhanced mineralization; (E) ocean-based carbon dioxide removal; and (F) afforestation or reforestation. (3) Secretary.--The term ``Secretary'' means the Secretary of Energy. TITLE I--CARBON REMOVAL RESEARCH AND DEVELOPMENT Subtitle A--Biomass Carbon Removal SEC. 101. BIOMASS CARBON REMOVAL PROGRAMS. (a) Office of Science.--Section 306 of the Department of Energy Research and Innovation Act (42 U.S.C. 18644) is amended by adding at the end the following: ``(e) Algal Biomass Carbon Removal.-- ``(1) In general.--The Director shall carry out a research and development program to gain understanding of the underlying biology of algal biomass systems and the possible use of algal biomass systems as a means of carbon removal (as defined in section 2 of the Carbon Removal and Emissions Storage Technologies Act of 2022) from the air and aquatic sources. ``(2) Requirements.--The program carried out under paragraph (1) shall-- ``(A) support efforts to reduce long-term technical barriers for algal biomass with carbon capture; and ``(B) coordinate closely with the Bioenergy Technologies Office and the Office of Fossil Energy and Carbon Management.''. (b) Office of Energy Efficiency and Renewable Energy.--Section 932 of the Energy Policy Act of 2005 (42 U.S.C. 16232) is amended-- (1) in subsection (b)-- (A) in paragraph (5), by striking ``and'' after the semicolon; (B) in paragraph (6), by striking the period and inserting ``; and''; and (C) by adding at the end the following: ``(7) biological carbon removal (as defined in section 2 of the Carbon Removal and Emissions Storage Technologies Act of 2022).''; and (2) by inserting after subsection (e) the following: ``(f) Biological Carbon Removal.-- ``(1) Definition of carbon removal.--In this subsection, the term `carbon removal' has the meaning given the term in section 2 of the Carbon Removal and Emissions Storage Technologies Act of 2022. ``(2) Goals.--The goals of the biological carbon removal program under subsection (b)(7) shall be to develop and deploy, in partnership with industry and institutions of higher education-- ``(A) improved tools and understanding of feedstocks, supplies, and logistics with respect to carbon removal using biomass sources; ``(B) technologies for the optimized conversion of aquatic and terrestrial biomass for carbon removal; ``(C) cost-competitive carbon capture technologies applied to bioenergy, including-- ``(i) algal, terrestrial, and marine biomass; ``(ii) biofuels; and ``(iii) bioproducts; and ``(D) applied research on best practices in macroalgae cultivation and phenotype selection, including by carrying out aquatic pilot projects. ``(3) Coordination.--Activities conducted under this subsection shall be coordinated with the relevant programs of the Office of Science, the Office of Fossil Energy and Carbon Management, and the Department of Agriculture.''. (c) Office of Fossil Energy and Carbon Management.--Section 962(b) of the Energy Policy Act of 2005 (42 U.S.C. 16292(b)) is amended-- (1) in paragraph (1), by striking ``performance of'' and all that follows through the period at the end and inserting the following: ``performance of-- ``(A) coal and natural gas use; ``(B) biomass with carbon capture for utilization or permanent storage; and ``(C) manufacturing and industrial facilities.''; and (2) in paragraph (3)-- (A) in subparagraph (A)-- (i) in clause (v), by striking ``and'' after the semicolon; (ii) in clause (vi), by striking the period at the end and inserting ``; and''; and (iii) by adding at the end the following: ``(vii) developing advanced boilers to enable net-negative lifecycle carbon emissions through co-firing with biomass.''; and (B) by adding at the end the following: ``(G) Developing carbon capture technologies applied to bioenergy systems that result in net- negative lifecycle carbon emissions, including-- ``(i) biofuels production; ``(ii) bioproducts; ``(iii) biomass used in power systems and industrial applications; and ``(iv) fossil fuel power systems and industrial systems co-fired with biomass.''. (d) Office of Energy Efficiency and Renewable Energy.-- (1) In general.--The Energy Independence and Security Act of 2007 (42 U.S.C. 17001 et seq.) is amended by striking section 228 (121 Stat. 1535) and inserting the following: ``SEC. 228. AQUATIC BIOMASS. ``(a) In General.--The Director of the Bioenergy Technologies Office shall carry out applied research on-- ``(1) microalgae and macroalgae cultivation and phenotype selection; and ``(2) optimization of aquatic biomass conversion pathways. ``(b) Requirements.--The research carried out under subsection (a) shall support efforts-- ``(1) to develop best practices in microalgae and macroalgae cultivation and phenotype selection, including by carrying out aquatic pilot projects-- ``(A) on microalgae and macroalgae; and ``(B) in freshwater and seawater; and ``(2) to optimize aquatic biomass conversion pathways that result in carbon removal (as defined in section 2 of the Carbon Removal and Emissions Storage Technologies Act of 2022) for biopower, biofuels, and other uses. ``(c) Funding.--There are authorized to be appropriated to the Secretary to carry out this section-- ``(1) $3,000,000 for fiscal year 2023; ``(2) $8,000,000 for fiscal year 2024; and ``(3) $20,000,000 for each of fiscal years 2025 through 2027.''. (2) Clerical amendment.--The table of contents for the Energy Independence and Security Act of 2007 (Public Law 110- 140; 121 Stat. 1493) is amended by striking the item relating to section 228 and inserting the following: ``Sec. 228. Aquatic biomass.''. SEC. 102. BIOLOGICAL CARBON DIOXIDE CONVERSION PROGRAMS. (a) In General.--The Energy Policy Act of 2005 is amended by inserting after section 977 (42 U.S.C. 16317) the following: ``SEC. 977A. BIOLOGICAL CARBON DIOXIDE CONVERSION PROGRAMS. ``(a) Genetic Modeling and Tools; Bioprospecting.-- ``(1) In general.--The Director of the Office of Science shall establish a program to improve genetic modeling and manipulation for carbon dioxide conversion. ``(2) Methodology.--The program established under paragraph (1) shall-- ``(A) support efforts to improve carbon dioxide uptake and conversion through genetic manipulation of crops and trees, including-- ``(i) soil enhancements; ``(ii) enhanced photosynthesis, including microbial soil amendments and perennialization; and ``(iii) root growth; and ``(B) support efforts to bioprospect using tools and high-throughput screening methods for organisms with unique attributes related to carbon dioxide conversion. ``(3) Coordination.--In carrying out the program established under paragraph (1), the Director of the Office of Science shall coordinate with the National Science Foundation and the Agricultural Research Service. ``(b) New Materials Development and Application.-- ``(1) Definition of carbon removal.--In this subsection, the term `carbon removal' has the meaning given the term in section 2 of the Carbon Removal and Emissions Storage Technologies Act of 2022. ``(2) Program.--The Assistant Secretary for Energy Efficiency and Renewable Energy, in consultation with the Secretary of Agriculture, shall establish a program to develop new biologically based carbon dioxide utilization products and coproducts that result in carbon removal. ``(3) Methodology.--The program established under paragraph (2) shall-- ``(A) support efforts to develop new carbon dioxide utilization products that result in carbon removal; ``(B) prioritize products that have the potential to be deployed at a large scale; and ``(C) support efforts to develop valorization of coproducts for-- ``(i) feed; ``(ii) fuel; and ``(iii) other uses.''. (b) Clerical Amendment.--The table of contents for the Energy Policy Act of 2005 (Public Law 109-58; 119 Stat. 600) is amended by inserting after the item relating to section 977 the following: ``Sec. 977A. Biological carbon dioxide conversion programs.''. Subtitle B--Geological Carbon Removal SEC. 111. CARBON MINERALIZATION PILOT PROJECTS. (a) In General.--The Energy Policy Act of 2005 is amended by inserting after section 963 (42 U.S.C. 16293) the following: ``SEC. 963A. CARBON MINERALIZATION PILOT PROJECTS. ``(a) In General.--The Secretary, in consultation with the Administrator of the National Oceanic and Atmospheric Administration and the Director of the United States Geological Survey, shall conduct field experiments of ex situ and in situ carbon mineralization approaches for the purposes of advancing carbon removal technologies or approaches (as defined in section 2 of the Carbon Removal and Emissions Storage Technologies Act of 2022). ``(b) Activities.--In carrying out subsection (a), the Secretary shall-- ``(1) conduct field experiments of ex situ carbon mineralization-- ``(A) using desalination brine treatment; and ``(B) through the broadcast of reactive minerals on-- ``(i) soils; ``(ii) beaches; and ``(iii) shallow oceans; and ``(2) conduct field experiments of in situ carbon mineralization, including through drilling and injection in reactive formations for-- ``(A) mantle peridotite; ``(B) basalt; and ``(C) other relevant formations. ``(c) Field Experiment Goals and Objectives.--The Secretary shall develop goals and objectives for field experiments carried out under this section to decrease the energy requirements and costs to produce the resulting mineralized carbon. ``(d) Environmental Impact.--In carrying out field experiments under this section, the Secretary shall comply with all applicable environmental laws and regulations. ``(e) Funding.--There are authorized to be appropriated to the Secretary to carry out this section-- ``(1) $4,000,000 for fiscal year 2023; ``(2) $9,000,000 for fiscal year 2024; ``(3) $18,000,000 for fiscal year 2025; and ``(4) $30,000,000 for each of fiscal years 2026 and 2027.''. (b) Clerical Amendment.--The table of contents for the Energy Policy Act of 2005 (Public Law 109-58; 119 Stat. 600) is amended by inserting after the item relating to section 963 the following: ``Sec. 963A. Carbon mineralization pilot projects.''. SEC. 112. CARBON MINERALIZATION RESOURCE ASSESSMENT. (a) In General.--The Secretary of the Interior (referred to in this section as the ``Secretary'') shall complete a national assessment of the potential for using carbon mineralization for carbon removal, in accordance with the methodology developed under subsection (b). (b) Methodology.--Not later than 2 years after the date of enactment of this Act, the Secretary, acting through the Director of the United States Geological Survey, shall develop a methodology to assess geological resources, mine tailings, and other alkaline industrial wastes to identify sustainable sources of reactive minerals suitable for carbon mineralization, while taking into consideration minerals and mineral classes with high reactivity and fast kinetics. (c) Coordination.-- (1) Federal coordination.--To ensure the maximum usefulness and success of the assessment under subsection (a), the Secretary shall-- (A) consult with the Secretary of Energy and the Administrator of the Environmental Protection Agency on the format and content of the assessment; and (B) share relevant data with the Department of Energy and the Environmental Protection Agency. (2) State coordination.--The Secretary shall consult with State geological surveys and other relevant entities to ensure, to the maximum extent practicable, the usefulness and success of the assessment under subsection (a). (d) Report.-- (1) In general.--Not later than 180 days after the date on which the assessment under subsection (a) is completed, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report describing the findings under the assessment, including the locations and available quantities of suitable reactive minerals. (2) Public availability.--Not later than 30 days after the date on which the Secretary submits the report under paragraph (1), the Secretary shall make the report publicly available. SEC. 113. TAILINGS AND WASTE MINERALIZATION PROGRAM. (a) Tailings and Waste Mineralization Program.-- (1) In general.--The Secretary shall conduct field experiments to examine the use of mine tailings and industrial wastes for the purpose of carbon mineralization. (2) Activities.--The field experiments using mine tailings and industrial wastes conducted under paragraph (1) shall assess-- (A) the reusing of industrial slags and mine tailings in manufacturing; and (B) other industrial wastes that may have carbon mineralization properties. (b) Study on Environmental Impacts of Mineralization Products.-- (1) In general.--Not later than 3 years after the date of enactment of this Act, the Secretary shall conduct, and submit to Congress a report that describes the results of, a study on the environmental impacts of-- (A) broadcasting materials and distributing piles of mine tailings at various scales for the purposes of enhanced carbon mineralization; and (B) additional mining for the purposes of carbon mineralization. (2) Requirements.--The study under paragraph (1) shall include an analysis of-- (A) the relative carbon removal potential associated with various scales of carbon mineralization; (B) the cost of environmental mitigation of the environmental impacts identified under the study; and (C) opportunities-- (i) for remediation; (ii) to co-extract reactive minerals with conventional mining operations; and (iii) for the use of reactive minerals in mining remediation. Subtitle C--Aquatic Carbon Removal SEC. 121. OCEAN CARBON REMOVAL MISSION. Section 969D of the Energy Policy Act of 2005 (42 U.S.C. 16298d) is amended-- (1) in subsection (a) by inserting ``and aquatic sources'' after ``atmosphere''; and (2) in subsection (c)-- (A) in paragraph (5), by striking ``and'' after the semicolon; (B) in paragraph (6), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: ``(7) ocean carbon removal and strategies, such as-- ``(A) blue carbon, which is the management of vegetated coastal habitats (including mangroves, tidal marshes, seagrasses, kelp forests, and other tidal, freshwater, or saltwater wetlands) that sequester carbon (including autochthonous carbon and allochthonous carbon) from the atmosphere, accumulate carbon in biomass, and store the carbon in soils; ``(B) direct ocean capture (as described in section 122(a) of the Carbon Removal and Emissions Storage Technologies Act of 2022); ``(C) microalgae and macroalgae cultivation for-- ``(i) biofuels; ``(ii) bioproducts; and ``(iii) carbon storage; and ``(D) ocean alkalinity enhancement; and ``(8) any combination of activities described in paragraphs (1) through (7) that have the potential for significant carbon removal (as defined in section 2 of the Carbon Removal and Emissions Storage Technologies Act of 2022).''. SEC. 122. DIRECT OCEAN CAPTURE ASSESSMENT. (a) In General.--The Secretary shall conduct a comprehensive assessment of the potential for removing carbon dioxide directly from the oceans. (b) Methodology.--In conducting the assessment under subsection (a), the Secretary shall consider the potential and relative merits of-- (1) pathways, methods, and technologies that are able to directly remove carbon dioxide from the oceans through engineered or inorganic processes; and (2) technologies such as filters, membranes, phase change systems, chemical conversion, or other technological pathways. (c) Inclusion.--In conducting the assessment under subsection (a), the Secretary shall incorporate any information on the results of activities conducted under section 223 of the National Defense Authorization Act for Fiscal Year 2020 (10 U.S.C. 4001 note; Public Law 116-92). (d) Report.--Not later than 1 year after the date of enactment of this Act, the Secretary, in consultation with the Administrator of the National Oceanic and Atmospheric Administration, shall submit to the Committees on Energy and Natural Resources and Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report describing the results of the assessment under subsection (a). (e) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary to carry out this section-- (1) $2,000,000 for fiscal year 2023; (2) $4,000,000 for fiscal year 2024; and (3) $8,000,000 for each of fiscal years 2025 through 2027. SEC. 123. OFFSHORE CARBON STORAGE PROGRAM AND ASSESSMENT. (a) Carbon Dioxide Impacts and Fate in the Ocean.-- (1) In general.--The Department of Energy Carbon Capture and Sequestration Research, Development, and Demonstration Act of 2007 (Public Law 110-140; 121 Stat. 1704) is amended by adding at the end the following: ``SEC. 709. CARBON DIOXIDE IMPACTS AND FATE IN THE OCEAN. ``(a) In General.--The Secretary shall establish a program to monitor, research, and model the ecological impacts of ocean carbon dioxide removal and storage techniques. ``(b) Coordination.--In carrying out the program established under subsection (a), the Secretary shall coordinate with the Administrator of the National Oceanic and Atmospheric Administration and the Administrator of the National Aeronautics and Space Administration. ``(c) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary to carry out this section-- ``(1) $2,000,000 for fiscal year 2023; and ``(2) $5,000,000 for each of fiscal years 2024 through 2027.''. (2) Clerical amendment.--The table of contents for the Energy Independence and Security Act of 2007 (Public Law 110- 140; 121 Stat. 1496) is amended by inserting after the item relating to section 708 the following: ``Sec. 709. Carbon dioxide impacts and fate in the ocean.''. (b) Outer Continental Shelf Resource Assessment.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, the Secretary shall-- (A) expand the CarbonSAFE Initiative of the Department of Energy to complete a national carbon mineralization assessment that examines the full range of carbon mineralization storage potential for the outer Continental Shelf region; and (B) submit to the Committees on Energy and Natural Resources and Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report describing the results of the assessment. (2) Authorization of appropriations.--There is authorized to be appropriated to the Secretary to carry out this subsection $5,000,000 for each of fiscal years 2023 through 2027. (c) Assessment To Determine the Potential for Offshore Carbon Storage.-- (1) In general.--The Secretary, in consultation with the Secretary of the Interior, the Administrator of the Environmental Protection Agency, and the Administrator of the National Oceanic and Atmospheric Administration, shall conduct a comprehensive assessment of the potential for offshore carbon storage, including an assessment of-- (A) the potential for offshore carbon storage-- (i) in deep offshore sub-seabed locations, such as in geological formations; (ii) at the seabed, such as through biomass sinking; and (iii) within the oceans, such as liquid carbon dioxide storage; and (B) other relevant methods of offshore carbon storage. (2) Inclusion.--The assessment under paragraph (1) shall include recommendations of measures that the Department of Energy may take to improve the ease, safety, and security of offshore carbon dioxide storage. (3) Reporting.--Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to the Committees on Energy and Natural Resources and Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report describing the results of the assessment under paragraph (1). Subtitle D--Atmospheric Carbon Removal SEC. 131. DIRECT AIR CAPTURE TECHNOLOGY MANUFACTURING RESEARCH PROGRAM. (a) Initiative.-- (1) In general.--The Secretary shall establish a program for the research, development, and demonstration of manufacturing techniques for direct air capture technologies (referred to in this section as the ``program''). (2) Coordination.--In carrying out the program, the Secretary shall leverage expertise and resources from-- (A) the Office of Science; (B) the Office of Energy Efficiency and Renewable Energy; and (C) the Office of Fossil Energy and Carbon Management. (b) Contactor Design.-- (1) In general.--In carrying out the program, the Secretary shall conduct research on applied technology development of air contactor design. (2) Requirements.--The research under paragraph (1) shall support efforts to improve air contactors with-- (A) low pressure drop; (B) high surface area; and (C) high longevity. (c) Manufacturing Improvement.-- (1) In general.--In carrying out the program, the Secretary shall conduct research scaling-up manufacturing of direct air capture components. (2) Requirements.--The research under paragraph (1) shall-- (A) support efforts to improve techniques for low- cost manufacturing of direct air capture components and materials; and (B) be coordinated with private industry and universities. (d) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary-- (1) to carry out subsection (b)-- (A) $3,000,000 for fiscal year 2023; (B) $7,000,000 for fiscal year 2024; and (C) $10,000,000 for each of fiscal years 2025 through 2027; and (2) to carry out subsection (c)-- (A) $2,000,000 for fiscal year 2023; (B) $5,000,000 for fiscal year 2024; and (C) $10,000,000 for each of fiscal years 2025 through 2027. Subtitle E--Carbon Removal Quantification SEC. 141. CARBON REMOVAL QUANTIFICATION. (a) In General.--Title V of the Energy Act of 2020 (42 U.S.C. 16298e et seq.) is amended by adding at the end the following: ``SEC. 5003. QUANTIFYING THE BENEFITS OF CARBON REMOVAL. ``(a) Purposes.--The purposes of this section are-- ``(1) to quantify the net carbon removed through atmospheric and aquatic carbon removal pathways; ``(2) to determine the current and projected carbon removal capacity of atmospheric and aquatic carbon removal pathways; ``(3) to determine the current and likely future technical readiness of carbon removal technologies or approaches for large-scale carbon removal deployment; and ``(4) to aid in the commercialization of carbon removal technologies or approaches. ``(b) Definitions.--In this section: ``(1) Carbon removal; carbon removal technology or approach.--The terms `carbon removal' and `carbon removal technology or approach' have the meanings given the terms in section 2 of the Carbon Removal and Emissions Storage Technologies Act of 2022. ``(2) Eligible entity.--The term `eligible entity' means any of the following entities: ``(A) An institution of higher education. ``(B) A National Laboratory. ``(C) A Federal research agency. ``(D) A State research agency. ``(E) A nonprofit research organization. ``(F) An industrial entity. ``(G) A consortium of 2 or more entities described in subparagraphs (A) through (F). ``(3) Secretary.--The term `Secretary' means the Secretary of Energy. ``(c) Carbon Removal Footprint Program.-- ``(1) Establishment.--Not later than 1 year after the date of enactment of this section, the Secretary shall establish a program to carry out the purposes described in subsection (a), including by providing financial assistance to eligible entities to examine the technological, economic, and environmental impacts of carbon removal pathways and technologies. ``(2) Eligible activities.--Activities eligible to receive financial assistance under this section include-- ``(A) assessments of technological or economic barriers to the widescale deployment of carbon removal pathways and technologies; and ``(B) lifecycle assessments for carbon removal pathways and technologies, including gathering data in partnership with a direct air capture test center authorized under section 969D(f)(1) of the Energy Policy Act of 2005 (42 U.S.C. 16298d(f)(1)). ``(3) Applications.--An eligible entity seeking financial assistance under this section shall submit to the Secretary an application that includes a description of-- ``(A) the applicable project; ``(B) the software programs, consultants, and general methodologies to be used to conduct the assessment; ``(C) the location of any applicable facility or project; ``(D) expected feedstocks and other inputs; and ``(E) the expected use of carbon removed. ``(4) Priority.--In selecting eligible entities to receive financial assistance under this section, the Secretary shall give priority to eligible entities that-- ``(A) make the assessment publicly available, with confidential business information redacted or removed; and ``(B) have not previously received financial assistance under this section.''. (b) Clerical Amendment.--The table of contents for the Energy Act of 2020 (Public Law 116-260; 134 Stat. 2419) is amended by inserting after the item relating to section 5002 the following: ``Sec. 5003. Quantifying the benefits of carbon removal.''. TITLE II--CARBON REMOVAL PURCHASING PILOT PROGRAM SEC. 201. CARBON REMOVAL PURCHASING PILOT PROGRAM. (a) In General.--Subtitle F of title IX of the Energy Policy Act of 2005 (42 U.S.C. 16291 et seq.) is amended by adding at the end the following: ``SEC. 969E. CARBON REMOVAL PURCHASING PILOT PROGRAM. ``(a) Purposes.--The purposes of this section are-- ``(1) to accelerate the deployment and commercialization of carbon removal pathways and technologies; ``(2) to stimulate the development and commercialization of low-carbon products made with carbon dioxide removed from the atmosphere or oceans; and ``(3) to support the development of technologies relating to carbon removal. ``(b) Definitions.--In this section: ``(1) Additional.--The term `additional', with respect to carbon dioxide removed from the atmosphere or upper hydrosphere, means that carbon dioxide was removed pursuant to an intentional carbon removal activity that delivers a net removal of carbon dioxide from the atmosphere, measured on a lifecycle basis, that would not have occurred without the carbon removal activity. ``(2) All-in cost.--The term `all-in cost' means the total cost of-- ``(A) the capture, transport, and storage of carbon dioxide; and ``(B) the measurement, reporting, and verification of carbon dioxide removed on a net ton carbon dioxide equivalent basis. ``(3) Eligible entity.--The term `eligible entity' means a carbon removal facility that-- ``(A) is located in the United States; ``(B) meets all applicable Federal and State permitting requirements; and ``(C) meets financial and technical criteria established by the Secretary. ``(4) Removal.--The term `removal' means-- ``(A) the capture of carbon dioxide from the atmosphere or upper hydrosphere through a chemical, physical, or other process; and ``(B) the subsequent permanent storage or use of the carbon dioxide in a manner that ensures that the carbon dioxide does not reenter the atmosphere or upper hydrosphere. ``(5) Upper hydrosphere.--The term `upper hydrosphere' means the total liquid water existing on the surface level of the earth, including-- ``(A) oceans; ``(B) lakes; ``(C) rivers; and ``(D) other surface bodies of water. ``(c) Program.-- ``(1) Establishment.--The Secretary shall establish a competitive purchasing pilot program under which the Secretary shall purchase from eligible entities carbon dioxide removed from the atmosphere or upper hydrosphere. ``(2) Purchase.--In carrying out the pilot program under paragraph (1), the Secretary shall purchase, subject to the availability of appropriations, removed carbon dioxide from eligible entities-- ``(A) until the date on which the first reverse auction is held under paragraph (3), by making a payment per net ton carbon equivalent basis to account for lifecycle greenhouse gas inputs to carbon removal in an amount determined by the Secretary; and ``(B) beginning with the first reverse auction held under paragraph (3), in accordance with the reverse auction procedures described in that paragraph. ``(3) Reverse auction procedures.-- ``(A) In general.--Not later than 2 years after the date of enactment of this section, and annually thereafter, the Secretary shall conduct a reverse auction under which-- ``(i) the Secretary shall solicit bids from eligible entities in each tier described in subparagraph (B)(ii) (referred to in this section as a `permanence tier'); and ``(ii) eligible entities shall submit to the Secretary sealed bids describing-- ``(I) a desired price for the removed carbon dioxide on a per net ton carbon dioxide equivalent basis; ``(II) the estimated net ton carbon dioxide equivalent removed by the eligible entity annually that the eligible entity desires the Secretary to purchase at the desired price; ``(III) details of the permanence of the removed carbon dioxide; ``(IV) details on the purity, location, and transportation options for the removed carbon dioxide to be purchased by the Secretary for purposes of the all-in costs; ``(V) a lifecycle assessment of the operation to quantify the net carbon dioxide removed, while accounting for greenhouse gas emissions associated with the production of the inputs necessary for the carbon dioxide removal and storage processes; and ``(VI) any other details the Secretary may require. ``(B) Selection.-- ``(i) In general.--The Secretary shall-- ``(I) examine the bids submitted under subparagraph (A)(ii) to determine which bids are acceptable under the criteria established by the Secretary for the applicable permanence tier; and ``(II) of the bids determined to be acceptable under subclause (I), select the bids containing the lowest desired price for carbon dioxide until the amount of funds available for the applicable permanence tier of the reverse auction is obligated. ``(ii) Permanence tiers.--In selecting bids under clause (i), the Secretary shall group the permanence of each carbon removal bid into 1 of the following 2 tiers: ``(I) Medium-term tier for bids providing for the removal of carbon dioxide for at least 100 years, but fewer than 1,000 years. ``(II) Long-term tier for bids providing for the removal of carbon dioxide for 1,000 years or more. ``(iii) Priority.--In any case in which the desired price in 2 or more bids submitted under subparagraph (A)(ii) for an applicable permanence tier is equal, the Secretary shall give priority to eligible entities that demonstrate outstanding potential for local and regional economic development in carrying out projects to remove carbon dioxide from ambient air or aquatic sources. ``(4) Cost cap.-- ``(A) In general.--Subject to subparagraph (B), for purposes of a reverse auction under paragraph (3), the Secretary shall-- ``(i) determine the current average market price per net ton carbon dioxide equivalent basis to account for lifecycle greenhouse gas inputs of removed carbon within each permanence tier; and ``(ii) set that price as the maximum price per ton to be paid under the reverse auction within each permanence tier. ``(B) Increased cap.--In the case of an eligible entity that uses a technology that has the potential to eventually remove carbon dioxide at an all-in cost of less than $100 per net ton carbon dioxide equivalent, the Secretary shall double the maximum price per net ton carbon dioxide equivalent established under subparagraph (A)(ii) with respect to the eligible entity. ``(5) Requirement.--In purchasing removed carbon dioxide under the program under paragraph (1), the Secretary shall determine that the carbon dioxide-- ``(A) is additional; ``(B) shall be delivered not later than 5 years after the date of the purchase; ``(C) shall have a monitoring, reporting, and verification plan approved by the Department of Energy; and ``(D) has not less than a 99 percent likelihood of being stored for not fewer than 100 years. ``(d) Use of Carbon Dioxide.--Carbon dioxide purchased under the pilot program under subsection (c), at the discretion of the Secretary, may be used or stored in any manner that ensures that the carbon dioxide does not reenter the atmosphere or upper hydrosphere during the time period associated with the applicable permanence tier. ``(e) Pilot Program Coordination.--Amounts made available under this section may be made available to carry out pilot and demonstration projects described in section 969D(f)(2)(B) and section 969D(g). ``(f) Confidentiality.--The Secretary shall establish procedures to ensure that any confidential, private, proprietary, or privileged information that is included in a sealed bid submitted under this section is not publicly disclosed or otherwise improperly used. ``(g) Authorization of Appropriations.-- ``(1) In general.--There are authorized to be appropriated to the Secretary to carry out this section-- ``(A) $20,000,000 for fiscal year 2023; ``(B) $30,000,000 for fiscal year 2024; and ``(C) $60,000,000 for each of fiscal years 2025 through 2027. ``(2) Allocation.--Amounts made available under paragraph (1) for each fiscal year shall be allocated between the permanence tiers as follows: ``(A) 70 percent shall be allocated for the permanence tier described in subsection (c)(3)(B)(ii)(II). ``(B) 30 percent shall be allocated for the permanence tier described in subsection (c)(3)(B)(ii)(I).''. (b) Clerical Amendment.--The table of contents for the Energy Policy Act of 2005 (Public Law 109-59; 119 Stat. 600; 134 Stat. 2550) is amended by adding at the end of the items relating to subtitle F of title IX the following: ``Sec. 969E. Carbon removal purchasing pilot program.''. <all>

CREST Act of 2022

A bill to provide for advancements in carbon removal research, quantification, and commercialization, including by harnessing natural processes, and for other purposes.

CREST Act of 2022 Carbon Removal and Emissions Storage Technologies Act of 2022

Sen. Collins, Susan M.

R

ME

S.2440

Public Lands and Natural Resources

This bill directs the Department of Agriculture to convene a blue ribbon panel to review the forest inventory and analysis program (a program that accounts for public and private forests and their resources in the United States). The panel shall conduct a review of the past progress, current priorities, and future needs of such program with respect to forest carbon, climate change, forest health, and sustainable wood products.

To require the Secretary of Agriculture to convene a blue ribbon panel to review the forest inventory and analysis program of the Forest Service, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. FOREST INVENTORY AND ANALYSIS PROGRAM BLUE RIBBON PANEL. Section 3 of the Forest and Rangeland Renewable Resources Research Act of 1978 (16 U.S.C. 1642) is amended by adding at the end the following: ``(f) Forest Inventory and Analysis Program Blue Ribbon Panel.-- ``(1) In general.--Not later than 90 days after the date of enactment of this subsection, the Secretary, in consultation with the National Association of State Foresters, shall convene a blue ribbon panel (referred to in this subsection as the `Panel') to review the forest inventory and analysis program established under this section. ``(2) Composition.--The Panel shall be composed of not fewer than 20, and not more than 30, members, including 1 or more of each of the following: ``(A) State foresters. ``(B) Representatives from the Environmental Protection Agency. ``(C) Representatives from the Department of the Interior. ``(D) Academic experts in forest health, management, and economics. ``(E) Forest industry representatives throughout the supply chain, including representatives of large forest landowners and small forest landowners. ``(F) Representatives from environmental groups. ``(G) Representatives from regional greenhouse gas trading organizations. ``(H) Experts in carbon accounting and carbon offset markets. ``(3) Duties.-- ``(A) Review.--The Panel shall conduct a review of the past progress, current priorities, and future needs of the forest inventory and analysis program with respect to forest carbon, climate change, forest health, and sustainable wood products. ``(B) Report.--Not later than March 31, 2022, the Panel shall submit to the Secretary, the Secretary of the Interior, and Congress a report describing the review conducted under subparagraph (A). ``(4) Administrative matters.-- ``(A) Chairperson and vice chairperson.--The Panel shall select a Chairperson and Vice Chairperson from among the nongovernmental members of the Panel. ``(B) Committees.--The Panel may establish 1 or more committees within the Panel as the Panel determines to be appropriate. ``(C) Compensation.--A member of the Panel shall serve without compensation. ``(D) Administrative support.--The Secretary shall provide such administrative support as is necessary for the Panel to carry out its duties. ``(E) Federal advisory committee act.--The Panel shall be exempt from the Federal Advisory Committee Act (5 U.S.C. App.).''. <all>

A bill to require the Secretary of Agriculture to convene a blue ribbon panel to review the forest inventory and analysis program of the Forest Service, and for other purposes.

A bill to require the Secretary of Agriculture to convene a blue ribbon panel to review the forest inventory and analysis program of the Forest Service, and for other purposes.

Official Titles - Senate Official Title as Introduced A bill to require the Secretary of Agriculture to convene a blue ribbon panel to review the forest inventory and analysis program of the Forest Service, and for other purposes.

Sen. King, Angus S., Jr.

I

ME

S.4335

Government Operations and Politics

Register America to Vote Act of 2022 This bill provides for the automatic registration of eligible voters. Specifically, the bill directs each state that has a voter registration requirement for federal elections to automatically register eligible individuals when they turn 18 years of age. The bill also provides for the automatic registration of individuals through state motor vehicle authorities. Individuals must be provided with an opportunity to opt out of automatic voter registration. The Election Assistance Commission must make grants to states to implement these automatic voter registration programs.

To improve voter access to the ballot box through automatic 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 ``Register America to Vote Act of 2022''. SEC. 2. FINDINGS AND PURPOSE. (a) 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 Federal and State 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, individuals 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 Act-- (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. 3. DEFINITIONS. In this Act, 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 responsibilities under that Act. (2) 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. 4. AUTOMATIC REGISTRATION OF INDIVIDUALS TURNING 18 YEARS OF AGE. (a) Requirement.--Except as provided in subsection (b), the chief State election official of each State shall establish and operate a system of automatic registration for the registration of any eligible individual on the date on which the individual turns 18 in order that the individual may vote in elections for Federal office in the State. (b) Exception.--The requirement 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. SEC. 5. 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 and updates existing voter registration 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 in order that, unless the individual affirmatively declines to be registered or to update any voter registration, the individual will be registered to vote in those 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 the existing voter registration of an individual. ``(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 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 information under subsection (c)(1)(E) with respect to the individual after the applicable date; and ``(ii) not later than 60 days after the receipt of information described in subsection (c)(1)(E) with respect to an individual, send written notice to the individual, in addition to other means of notice established under this section, of the voter registration status of the individual. ``(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 voter registration with respect to such election. ``(C) Clarification.--Nothing in this subsection shall prevent a chief State election official from registering an eligible individual to vote in the next election for Federal office in the State, including 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) In general.--Except as provided in subparagraph (B), 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 on the date on which an applicable agency receives information with respect to the individual, provided that the individual is not less than 16 years of age at that time. ``(B) Exception.--Nothing in subparagraph (A) may be construed to require a State to permit an individual who is less than 18 years of age on the date 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 an applicable agency (in the normal course of the operations) requests (either directly or as part of the overall application submitted for the applicable transaction) that an individual affirm that the individual is a United States citizen, the applicable agency shall inform each such individual who is a citizen of the United States of the following: ``(i) Unless the individual declines to register to vote, or is found ineligible to vote-- ``(I) the individual will be registered to vote; or ``(II) if applicable, the voter registration of the individual will be updated. ``(ii) With respect to the qualification to register to vote-- ``(I) 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; ``(II) the consequences of false registration; and ``(III) how the individual should decline to register to vote if the individual does not meet requirements for eligibility to vote in a Federal election. ``(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 for Federal office to select the candidate of the political party, the requirement that the individual must, in registering to vote, affiliate or enroll with a political party in order to participate in such an election. ``(iv) With respect to voter registration by an individual-- ``(I) voter registration is voluntary; ``(II) whether the individual registers or declines to register to vote shall not affect the availability of any service or benefit; and ``(III) information relating to whether the individual registers or declines to register to vote may not be used for other purposes. ``(B) Individuals with limited english proficiency.-- ``(i) Covered individual.--For purposes of this subparagraph, the term `covered individual' means an individual conducting an applicable transaction-- ``(I) who is a member of a group that constitutes not less than 3 percent of the overall population of the State, as determined by the United States Census Bureau, served by the applicable agency; and ``(II) who is limited English proficient. ``(ii) Requirement.--In providing information pursuant to subparagraph (A), an applicable agency shall provide the information to any covered individual served by the applicable agency in a language understood by the covered individual. ``(C) Clarification of procedures for ineligible voters.--An applicable agency may not provide an individual who did not affirm United States citizenship, or for whom the applicable agency has conclusive documentary evidence obtained through the normal course of operations of the applicable agency that the individual is not a United State citizen, the opportunity to register to vote under subparagraph (A). ``(D) Opportunity to decline registration required.-- ``(i) In general.--Except as otherwise provided in this section, each applicable agency shall ensure that each applicable transaction described in subparagraph (A) may not be completed unless the individual is given the opportunity to decline to be registered to vote. ``(ii) Language requirement.--If an individual is a covered individual, as defined in subparagraph (B)(i), the covered individual shall be given the opportunity to decline to be registered to vote in a language understood by the covered individual. ``(E) Information transmittal.--Not later than 10 days after an applicable transaction with an eligible individual, if the eligible 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 eligible individual: ``(i) The given name and surname of the eligible individual. ``(ii) The date of birth of the eligible individual. ``(iii) The residential address of the individual. ``(iv) Information showing that the individual is a citizen of the United States. ``(v) The date on which information pertaining to the eligible individual was collected or most recently updated. ``(vi) If available, the signature of the eligible individual 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 candidate of the political party in an election for Federal office, information relating to the affiliation or enrollment of the eligible individual with a political party, if the eligible individual provides that information. ``(viii) Any additional information listed in the mail voter registration application form for elections for Federal office prescribed pursuant to section 9, including, if the eligible individual provides such information-- ``(I) the valid driver's license number of the eligible individual; and ``(II) the last 4 digits of the social security number of the eligible individual. ``(F) Provision of information relating to 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 candidate of a political party in an election for Federal office, if the information transmitted under subparagraph (E) with respect to an eligible individual does not include information regarding the affiliation or enrollment with a political party of the eligible individual, the chief State election official shall-- ``(i) notify the eligible individual that such affiliation or enrollment is required to participate in any primary election for Federal office; and ``(ii) provide an opportunity for the eligible individual to update the registration of the eligible individual to denote the party affiliation or enrollment of the eligible individual. ``(G) Clarification.--Nothing in this section shall be construed to require an applicable agency to transmit to an election official the information described in subparagraph (E) with respect to an individual who is ineligible to vote in an election for Federal office in the State, except to the extent required to pre-register a citizen 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 the operations of the applicable agency) does not request an individual 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 under section 5; ``(B) ensure that each transaction by an individual with the applicable agency may not be completed unless the individual indicates whether the individual 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 the information relating to the individual described in paragraph (1)(E), unless the applicable agency has conclusive documentary evidence obtained through the normal course of operations of the applicable agency 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, in conducting each applicable transaction, the opportunity to register to vote as prescribed by this section without regard to whether the individual previously declined an opportunity to register to vote. ``(d) Voter Protection.-- ``(1) Protection of information by applicable agencies.-- Nothing in this section may be construed to authorize 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) The decision of an individual to decline to register to vote. ``(B) The decision of an individual not to affirm the citizenship of the individual. ``(C) Any information that an applicable agency transmits pursuant to subsection (c)(1)(E), except in carrying out the ordinary course of business of the applicable agency. ``(2) Protection of information by elections officials.-- ``(A) Public disclosure prohibited.-- ``(i) In general.--Except as provided in clause (ii), with respect to any individual with respect to whom any appropriate State election official receives information from an applicable agency, the State election official shall not publicly disclose-- ``(I) any information not necessary to voter registration; ``(II) any information of the individual otherwise protected from disclosure pursuant to section 8(a) or State law; ``(III) any portion of the social security number of the individual; ``(IV) any portion of the motor vehicle driver's license number of the individual; ``(V) the signature of the individual; ``(VI) the telephone number of the individual; or ``(VII) the email address of the individual. ``(ii) Special rule for individuals registered to vote.--The prohibition on public disclosure under clause (i) shall not apply with respect to the telephone number or email address of any individual-- ``(I) for whom any State election official receives information from the applicable agency; and ``(II) 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 voter registration services the applicable agency 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 the Register America to Vote Act of 2022 or this section shall be construed to prevent an applicable agency from contracting with a third party to assist the applicable agency in meeting the information transmittal requirements under this section, provided that the information transmittal complies with the applicable requirements of this section, including provisions relating privacy and security. ``(3) Nonpartisan, nondiscriminatory provision of services.--The services made available by 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.-- ``(A) Electronic 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. ``(B) Response.--Any notice sent pursuant to this section that requires a response shall offer the individual to whom the notice is sent the opportunity to respond to the notice 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.--The term `exempt State' means a State that, under law that is in effect on or after the date of enactment of this Act, 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 subsection (a))-- ``(i) at the motor vehicle authority of the State; or ``(ii) a Permanent Dividend Fund of the State under which an individual is provided the opportunity to decline to register to vote-- ``(I) during the transaction; or ``(II) by 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-- (A) redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and (B) inserting after paragraph (1) the following: ``(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 that section.''. (3) Section 8(a)(1) of the National Voter Registration Act of 1993 (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: ``(B) in the case of registration under section 5A, within the period provided in section 5A(b)(2);''. SEC. 6. 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 for any of the following reasons: (1) The individual notifies 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 automatically registered to vote due to individual or applicable agency error. (3) The individual was automatically registered to vote at an address that is not the correct residential address of the individual. (4) The individual declined the opportunity to register to vote or did not make an affirmation of citizenship when registering to vote, including through automatic registration. (b) Limits on Use of Automatic Registration.--The automatic registration (as defined in 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 the lack of knowledge or willfulness of the individual in such registration may be demonstrated by the testimony of the individual alone. (c) Protection of Election Integrity.--Nothing in subsection (a) or (b) shall 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) Protection of Information by Elections Officials.-- (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 enactment of this Act, the Director of the National Institute of Standards and Technology, in consultation with State and local election officials representing geographic and socio-economic diversity, 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 those 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 under 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; (i) publish the standards developed under this paragraph on the website of the National Institute of Standards and Technology; and (ii) make the standards developed under this paragraph available in written form upon request; and (D) ensure that the standards developed under 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 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) Requirement.--The standards developed under this paragraph shall require the chief State election official of each State to adopt a policy that shall specify-- (i) each class of users who have authorized access to the computerized statewide voter registration list-- (I) specifying for each class the permission and levels of access to be granted; and (II) setting forth other safeguards to protect the privacy, security, and accuracy of the information on voter registration lists; and (ii) security safeguards to protect personal information transmitted through-- (I) the information transmittal processes of section 5A(b) of the National Voter Registration Act of 1993; (II) any telephone interface; (III) the maintenance of the voter registration database; and (IV) any audit procedure to track access to the system. (C) Maintenance and updating.--The Director of the National Institute of Standards and Technology shall ensure that the standards developed under 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.--Each 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 developed under paragraphs (2) and (3), which requirement may be met if the chief State election official submits to the Election Assistance Commission a statement that states, ``_____ hereby certifies that _____ is in compliance with the standards referred to in paragraphs (2) and (3) of section 6(d) of the Register America to Vote Act of 2022.'', with the blank spaces to be completed with the name of the relevant State. (B) Publication of policies and procedures.--The chief State election official of a State shall-- (i) publish on the website of the chief State election official the policies and procedures established under this section; and (ii) 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 subparagraph (A), it shall not receive any payment under this Act for the upcoming fiscal year in which the State fails to make such certification. (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-- (i) 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 on the date on which the State submits the certification; and (ii) the 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 an election crime, any of the following: (1) Voter registration records. (2) The declination of an individual to register to vote or complete an affirmation of citizenship under section 5A of the National Voter Registration Act of 1993. (3) The voter registration status of an individual. (f) Prohibition on the Use of Voter Registration Information for Commercial Purposes.-- (1) In general.--Information collected under this Act or the amendments made by this Act shall not be used for commercial purposes. (2) Dissemination for political purposes.--Nothing in this subsection shall 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 (52 U.S.C. 30101 et seq.). SEC. 7. PAYMENTS AND GRANTS. (a) In General.--The Election Assistance Commission shall make grants to each eligible State under subsection (b) to assist the State in implementing the requirements of this Act and the amendments made by this Act (or, in the case of an exempt State, in implementing the existing automatic voter registration program of the exempt State or expanding the automatic voter registration program of the State in a manner consistent with the requirements of this Act) 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 Act and the amendments made by this Act. (b) Eligibility; Application.--A State is eligible to receive a grant under this section if the State submits to the Election Assistance Commission, at such time and in such form as the Election Assistance 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) any other information and assurances as the Election Assistance Commission may require. (c) Amount of Grant; Priorities.-- (1) Amount.--The Commission shall determine the amount of a grant made to an eligible State under this section. (2) Priorities.--In determining the amount of a grant, the Election Assistance Commission shall give priority to providing funds for those activities that are most likely to accelerate compliance with the requirements of this Act (or, in the case of an exempt State, that are most likely to enhance the ability of the exempt State to automatically register individuals to vote through the existing automatic voter registration program of the exempt State), including-- (A) 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; (B) updates to online or electronic voter registration systems already operating as of the date of the enactment of this Act; (C) introduction of online voter registration systems in jurisdictions in which those systems did not previously exist; and (D) 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''-- (1) has the meaning given that term under section 5A(f)(2) of the National Voter Registration Act of 1993; and (2) includes a State in which, under law in effect on or 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 2023; and (B) such sums as may be necessary for each succeeding fiscal year. (2) Continuing availability of funds.--Any amounts appropriated pursuant to this subsection shall remain available without fiscal year limitation until expended. SEC. 8. MISCELLANEOUS PROVISIONS. (a) Enforcement.--Section 11 of the National Voter Registration Act of 1993 (52 U.S.C. 20510 et seq.), relating to civil enforcement and the availability of private rights of action, shall apply with respect to this Act in the same manner as such section applies to the National Voter Registration Act of 1993 (52 U.S.C. 20510 et seq.). (b) Relation to Other Laws.--Except as provided, nothing in this Act or the amendments made by this Act 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) Except as provided by the amendment made under section 5 of this Act, the National Voter Registration Act of 1993 (52 U.S.C. 20501 et seq.). (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. 9. EFFECTIVE DATE. (a) In General.--Except as provided in subsection (b), this Act and the amendments made by this Act shall apply on and after January 1, 2024. (b) Waiver.--If a State certifies to the Elections Assistance Commission not later than January 1, 2024, 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 that deadline, subsection (a) shall apply to the State as if the reference in such subsection to ``January 1, 2024'' were a reference to ``January 1, 2026''. <all>

Register America to Vote Act of 2022

A bill to improve voter access to the ballot box through automatic voter registration, and for other purposes.

Register America to Vote Act of 2022

Sen. Klobuchar, Amy

D

MN

S.3111

Energy

Hydrogen for Ports Act of 2021 This bill supports infrastructure for hydrogen-derived fuels, including ammonia, at ports and in the shipping industry. For example, the bill directs the Department of Energy to establish a program that awards grants to states, local governments, Indian tribes, and other eligible entities for infrastructure that supports hydrogen-derived fuels, including ammonia, at ports and in the shipping industry.

To require the Secretary of Energy to establish a grant program to support hydrogen-fueled equipment at ports and to conduct a study with the Secretary of Transportation and the Secretary of Homeland Security on the feasibility and safety of using hydrogen-derived fuels, including ammonia, as a shipping fuel. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Hydrogen for Ports Act of 2021''. SEC. 2. MARITIME MODERNIZATION GRANT PROGRAM. (a) Definitions.--In this section: (1) Eligible entity.--The term ``eligible entity'' means an entity described in subsection (d). (2) Indian tribe.--The term ``Indian Tribe'' has the meaning given the term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 5304). (3) Low-income or disadvantaged community.--The term ``low- income or disadvantaged community'' means a community (including a city, a town, a county, and any reasonably isolated and divisible segment of a larger municipality) with an annual median household income that is less than 100 percent of the statewide annual median household income for the State in which the community is located, according to the most recent decennial census. (4) Program.--The term ``program'' means the program established under subsection (b). (5) Secretary.--The term ``Secretary'' means the Secretary of Energy. (b) In General.--Not later than 180 days after the date of enactment of this Act, the Secretary shall establish a program under which the Secretary shall provide grants, on a competitive basis, to eligible entities for-- (1) the purchase, installation, construction, facilitation, maintenance, or operation of, as appropriate-- (A) hydrogen- or ammonia-fueled cargo-handling equipment, including, at a minimum, equipment used for drayage applications; (B) hydrogen fuel cell or ammonia-fueled trucks for use at ports; (C) hydrogen fuel cell or ammonia-fueled ferries, tugboats, dredging vessels, container ships, bulk carriers, fuel tankers, and other marine vessels; (D) hydrogen fuel cell-based shore power for ships while docked at the port; (E) hydrogen fuel cell or ammonia onsite power plants; and (F) port infrastructure for hydrogen or ammonia import, export, storage, and fueling; and (2) the training of ship crew and shore personnel to handle hydrogen or ammonia. (c) Goals.--The goals of the program shall be-- (1) to demonstrate fuel cell, hydrogen, or ammonia technologies in maritime and associated logistics applications; (2) to assist in the development and validation of technical targets for hydrogen, ammonia, and fuel cell systems for maritime and associated logistics applications; (3) to benchmark the conditions required for broad commercialization of hydrogen, ammonia, and fuel cell technologies in maritime and associated logistics applications; (4) to assess the operational and technical considerations for installing, constructing, and using hydrogen- or ammonia- fueled equipment and supporting infrastructure at ports; and (5) to reduce emissions and improve air quality in areas in and around ports. (d) Eligible Entities.-- (1) In general.--An entity eligible to receive a grant under the program is-- (A) a State; (B) a political subdivision of a State; (C) a local government; (D) a public agency or publicly chartered authority established by 1 or more States; (E) a special purpose district with a transportation function; (F) an Indian Tribe or a consortium of Indian Tribes; (G) a multistate or multijurisdictional group of entities described in any of subparagraphs (A) through (F); or (H) subject to paragraph (2), a private entity or group of private entities, including the owners or operators of 1 or more facilities at a port. (2) Joint eligibility with private entities.--A private entity or group of private entities is eligible for a grant under the program if-- (A) the private entity or group of private entities partners with an entity described in any of subparagraphs (A) through (G) of paragraph (1) for purposes of applying for, and carrying out activities under, the grant; and (B) the entity described in the applicable subparagraph of that paragraph is the lead entity with respect to the application and those activities. (e) Applications.-- (1) In general.--An eligible entity desiring a grant under the program shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (2) Requirement.--The application of an eligible entity described in subparagraph (H) of subsection (d)(1) shall be submitted jointly with an entity described in subparagraphs (A) through (G) of that subsection. (f) Considerations.--In providing grants under the program, the Secretary, to the maximum extent practicable, shall-- (1) select projects that will generate the greatest benefit to low-income or disadvantaged communities; and (2) select projects that will-- (A) maximize the creation or retention of jobs in the United States; and (B) provide the highest job quality. (g) Priority.--In selecting eligible entities to receive a grant under the program, the Secretary shall give priority to projects that will provide greater net impact in avoiding or reducing emissions of greenhouse gases. (h) Leak Detection.--Each eligible entity that receives a grant under the program shall conduct-- (1) a hydrogen leakage monitoring, reporting, and verification (also known as ``MRV'') program; and (2) a hydrogen leak detection and repair (also known as ``LDAR'') program. (i) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out this section $100,000,000 for each of fiscal years 2022 through 2026. SEC. 3. STUDY. (a) In General.--The Secretary of Energy, in consultation with the Secretary of Transportation and the Secretary of Homeland Security, shall conduct, and submit to Congress a report describing the results of, a study-- (1) to fully address the challenges to ensure the safe use and handling of hydrogen, ammonia, and other hydrogen-based fuels on vessels and in ports; (2) to identify, compare, and evaluate the feasibility of, the safety, environmental, and health impacts of, and best practices with respect to, the use of hydrogen-derived fuels, including ammonia, as a shipping fuel; (3) to identify and evaluate considerations for hydrogen and ammonia storage, including-- (A) at ports; (B) on board vessels; and (C) for subsea hydrogen storage; and (4) to assess the cost and value of a hydrogen or ammonia strategic reserve, either as a new facility or as a modification to the Strategic Petroleum Reserve established under part B of title I of the Energy Policy and Conservation Act (42 U.S.C. 6231 et seq.). (b) Requirements.--In carrying out subsection (a), the Secretary of Energy, the Secretary of Transportation, and the Secretary of Homeland Security shall-- (1) take into account lessons learned from demonstration projects in other industries, including-- (A) projects carried out in the United States; (B) projects carried out in other countries; and (C) projects relating to the automotive industry, buses, petroleum refining, chemical production, fertilizer production, and stationary power; and (2) evaluate the applicability of the lessons described in paragraph (1) to the use of hydrogen in maritime and associated logistics applications. <all>

Hydrogen for Ports Act of 2021

A bill to require the Secretary of Energy to establish a grant program to support hydrogen-fueled equipment at ports and to conduct a study with the Secretary of Transportation and the Secretary of Homeland Security on the feasibility and safety of using hydrogen-derived fuels, including ammonia, as a shipping fuel.

Hydrogen for Ports Act of 2021

Sen. Cornyn, John

R

TX

H.R.6086

Energy

Payment In Lieu of Lost Revenues Act or the PILLR Act This bill requires the Department of the Interior to compensate, using federal mineral royalties, states for lost revenue derived from oil and gas production that is caused by a moratorium or similar action to prevent oil and gas leasing on federal land.

To direct the Secretary of the Interior to compensate States for lost revenue for any year during which Federal oil and gas leasing of Federal land within a State does not occur or otherwise results in lost revenue to that State as a result of an order, moratorium, pause, or other action by the President, Secretary of the Interior, Secretary of Agriculture, or other designated official. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Payment In Lieu of Lost Revenues Act'' or the ``PILLR Act''. SEC. 2. AUTHORITY TO MAKE PAYMENTS. For any year during which Federal oil and gas leasing of Federal land within a State does not occur or is otherwise affected in a manner that results in lost revenue to that State as a result of an order, moratorium, pause, or other action by the President, the Secretary of the Interior, Secretary of Agriculture, or other designated official, the Secretary of the Interior shall make a payment to that State from Federal mineral royalties, subject to further appropriation, in an amount determined under section 3. SEC. 3. AMOUNT OF PAYMENTS. (a) Amount.--A payment to a State shall seek to compensate the State for lost revenues, including oil and gas lease rentals, bonuses and royalties, and tax revenues due to an order, moratorium, pause or other action described in section 2, and shall be in an amount calculated by the Secretary of the Interior equal to the sum of-- (1) an amount equal to the 10-year average disbursement amount to the State from the Office of Natural Resources and Revenue for oil and gas lease bonuses and rentals, and other similar non-royalty disbursements from Federal oil and gas leases, less the amount actually received by the State for such Federal lease bonuses and rentals during the fiscal year in which the order, moratorium, or pause was in effect; (2) an amount equal to the product of-- (A) the 10-year average disbursement amount to the State from the Office of Natural Resources and Revenue for oil and gas lease production royalties based on data collected for the previous 10 years; and (B) the 10-year average of the percentage of oil and gas production that is derived from new wells drilled during such year determined from data submitted by the relevant State oil and gas regulatory agency based on data collected for the previous 10 years; and (3) an amount equal to the product of-- (A) the lost royalties as calculated under paragraph (2); and (B) the average rate of severance, ad valorem, and production taxes imposed by the State during the previous 10 years on oil and gas extracted in such State, determined from data submitted by the State based on data collected for the previous 10 years. (b) Adjustments.--On October 1 of each year after the date of enactment of this Act, the Secretary shall adjust each payment amount calculated in accordance with subsection (a) to reflect changes in the Consumer Price Index published by the Bureau of Labor Statistics of the Department of Labor, for the 12 months ending the preceding June 30. (c) Correction of Under-Payments.--The Secretary of the Interior shall use amounts made available for payments under this section from Federal mineral royalties to correct under-payments to a State in the previous fiscal year. The Secretary of the Interior shall allocate amounts under this subsection so as to achieve equity in payments among States eligible for payments under this Act. <all>

Payment In Lieu of Lost Revenues Act

To direct the Secretary of the Interior to compensate States for lost revenue for any year during which Federal oil and gas leasing of Federal land within a State does not occur or otherwise results in lost revenue to that State as a result of an order, moratorium, pause, or other action by the President, Secretary of the Interior, Secretary of Agriculture, or other designated official.

PILLR Act Payment In Lieu of Lost Revenues Act

Rep. Cheney, Liz

R

WY

H.R.9044

Taxation

This bill creates a safe harbor for certain perpetual trust funds. It excludes from the definition of investment property under arbitrage provisions any fund created and controlled by a state and established pursuant to its constitution or state law if on a specified date, substantially all of the assets of the fund consist of nonfinancial assets and the assets are used only to support specifically designated essential governmental functions.

To amend the Internal Revenue Code of 1986 to create a safe harbor for certain perpetual trust funds. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SAFE HARBOR FOR CERTAIN PERPETUAL TRUST FUNDS. (a) In General.--Section 148(b) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(5) Safe harbor for certain perpetual trust funds.--The term `investment property' does not include any fund created and controlled by a State and established pursuant to its constitution or State law if-- ``(A) substantially all of the assets of the fund consist of nonfinancial assets, revenues derived from such assets, gifts, appropriations, or bequests, ``(B) the assets of the fund may be used only to support specifically designated essential governmental functions (within the meaning of section 115(1)) that are carried out by political subdivisions with general taxing powers or public elementary and public secondary schools, ``(C) the assets of the fund are required to support designated functions, ``(D) to the extent the fund guarantees obligations, such obligations are not private activity bonds (other than qualified 501(c)(3) bonds) substantially all of the proceeds of which are to be used for designated functions, and ``(E) the fund satisfied each of the requirements of subparagraphs (A) through (D) on August 16, 1986.''. (b) Effective Date.--The amendment made by this section shall take effect on the date of the enactment of this Act. <all>

To amend the Internal Revenue Code of 1986 to create a safe harbor for certain perpetual trust funds.

To amend the Internal Revenue Code of 1986 to create a safe harbor for certain perpetual trust funds.

Official Titles - House of Representatives Official Title as Introduced To amend the Internal Revenue Code of 1986 to create a safe harbor for certain perpetual trust funds.

Rep. Doggett, Lloyd

D

TX

S.1937

Armed Forces and National Security

Delivering Optimally Urgent Labor Access for Veterans Affairs Act of 2021 or the DOULA for VA Act of 2021 This bill requires the Department of Veterans Affairs (VA) to establish a five-year pilot program to furnish doula services to pregnant veterans who are enrolled in the VA health care system. The program must furnish doula services through eligible entities by expanding the VA's Whole Health model to measure the impact that doula support services have on birth and mental health outcomes of pregnant veterans. The Whole Health model is a holistic approach that looks at the many areas of life that may affect health in order to make a health plan suited for each individual based on his or her health goals.

To require the Secretary of Veterans Affairs to establish a pilot program to furnish doula services to veterans. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Delivering Optimally Urgent Labor Access for Veterans Affairs Act of 2021'' or the ``DOULA for VA Act of 2021''. SEC. 2. PILOT PROGRAM ON DOULA SUPPORT FOR VETERANS. (a) Findings.--Congress finds the following: (1) There are approximately 2,300,000 women within the veteran population in the United States. (2) The number of women veterans using services from the Veterans Health Administration has increased by 28.8 percent from 423,642 in 2014 to 545,670 in 2019. (3) During the period of 2010 through 2015, the use of maternity services from the Veterans Health Administration increased by 44 percent. (4) Although prenatal care and delivery is not provided in facilities of the Department of Veterans Affairs, pregnant women seeking care from the Department for other conditions may also need emergency care and require coordination of services through the Veterans Community Care Program under section 1703 of title 38, United States Code. (5) The number of unique women veteran patients with an obstetric delivery paid for by the Department increased by 1,778 percent from 200 deliveries in 2000 to 3,756 deliveries in 2015. (6) The number of women age 35 years or older with an obstetric delivery paid for by the Department increased 16-fold from fiscal year 2000 to fiscal year 2015. (7) A study in 2010 found that veterans returning from Operation Enduring Freedom and Operation Iraqi Freedom who experienced pregnancy were twice as likely to have a diagnosis of depression, anxiety, posttraumatic stress disorder, bipolar disorder, or schizophrenia as those who had not experienced a pregnancy. (8) The number of women veterans of reproductive age seeking care from the Veterans Health Administration continues to grow (more than 185,000 as of fiscal year 2015). (b) Program.-- (1) In general.--Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall establish a pilot program to furnish doula services to covered veterans through eligible entities by expanding the Whole Health model of the Department of Veterans Affairs, or successor model, to measure the impact that doula support services have on birth and mental health outcomes of pregnant veterans (in this section referred to as the ``pilot program''). (2) Consideration.--In carrying out the pilot program, the Secretary shall consider all types of doulas, including traditional and community-based doulas. (3) Consultation.--In designing and implementing the pilot program, the Secretary shall consult with stakeholders, including-- (A) organizations representing veterans, including veterans that are disproportionately impacted by poor maternal health outcomes; (B) community-based health care professionals, including doulas, and other stakeholders; and (C) experts in promoting health equity and combating racial bias in health care settings. (4) Goals.--The goals of the pilot program are the following: (A) To improve-- (i) maternal, mental health, and infant care outcomes; (ii) integration of doula support services into the Whole Health model of the Department, or successor model; and (iii) the experience of women receiving maternity care from the Department, including by increasing the ability of a woman to develop and follow her own birthing plan. (B) To reengage veterans with the Department after giving birth. (c) Locations.--The Secretary shall carry out the pilot program in-- (1) the three Veterans Integrated Service Networks of the Department that have the highest percentage of female veterans enrolled in the patient enrollment system of the Department established and operated under section 1705(a) of title 38, United States Code, compared to the total number of enrolled veterans in such Network; and (2) the three Veterans Integrated Service Networks that have the lowest percentage of female veterans enrolled in the patient enrollment system compared to the total number of enrolled veterans in such Network. (d) Open Participation.--The Secretary shall allow any eligible entity or covered veteran interested in participating in the pilot program to participate in the pilot program. (e) Services Provided.-- (1) In general.--Under the pilot program, a covered veteran shall receive not more than 10 sessions of care from a doula under the Whole Health model of the Department, or successor model, under which a doula works as an advocate for the veteran alongside the medical team for the veteran. (2) Sessions.--Sessions covered under paragraph (1) shall be as follows: (A) Three or four sessions before labor and delivery. (B) One session during labor and delivery. (C) Three or four sessions after post-partum, which may be conducted via the mobile application for VA Video Connect. (f) Administration of Pilot Program.-- (1) In general.--The Office of Women's Health of the Department of Veterans Affairs, or successor office (in this section referred to as the ``Office''), shall-- (A) coordinate services and activities under the pilot program; (B) oversee the administration of the pilot program; and (C) conduct onsite assessments of medical facilities of the Department that are participating in the pilot program. (2) Guidelines for veteran-specific care.--The Office shall establish guidelines under the pilot program for training doulas on military sexual trauma and post traumatic stress disorder. (3) Amounts for care.--The Office may recommend to the Secretary appropriate payment amounts for care and services provided under the pilot program, which shall not exceed $3,500 per doula per veteran. (g) Doula Service Coordinator.-- (1) In general.--The Secretary, in consultation with the Office, shall establish a Doula Service Coordinator within the functions of the Maternity Care Coordinator at each medical facility of the Department that is participating in the pilot program. (2) Duties.--A Doula Service Coordinator established under paragraph (1) at a medical facility shall be responsible for-- (A) working with eligible entities, doulas, and covered veterans participating in the pilot program; and (B) managing payment between eligible entities and the Department under the pilot program. (3) Tracking of information.--A doula providing services under the pilot program shall report to the applicable Doula Service Coordinator after each session conducted under the pilot program. (4) Coordination with women's program manager.--A Doula Service Coordinator for a medical facility of the Department shall coordinate with the women's program manager for that facility in carrying out the duties of the Doula Service Coordinator under the pilot program. (h) Term of Pilot Program.--The Secretary shall conduct the pilot program for a period of 5 years. (i) Technical Assistance.--The Secretary shall establish a process to provide technical assistance to eligible entities and doulas participating in the pilot program. (j) Report.-- (1) In general.--Not later than one year after the date of the enactment of this Act, and annually thereafter for each year in which the pilot program is carried out, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the pilot program. (2) Final report.--As part of the final report submitted under paragraph (1), the Secretary shall include recommendations on whether the model studied in the pilot program should be continued or more widely adopted by the Department. (k) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary, for each of fiscal years 2022 through 2027, such sums as may be necessary to carry out this section. (l) Definitions.--In this section: (1) Covered veteran.--The term ``covered veteran'' means a pregnant veteran or a formerly pregnant veteran (with respect to sessions post-partum) who is enrolled in the patient enrollment system of the Department of Veterans Affairs established and operated under section 1705(a) of title 38, United States Code. (2) Eligible entity.--The term ``eligible entity'' means an entity that provides medically accurate, comprehensive maternity services to covered veterans under the laws administered by the Secretary, including under the Veterans Community Care Program under section 1703 of title 38, United States Code. (3) VA video connect.--The term ``VA Video Connect'' means the program of the Department of Veterans Affairs to connect veterans with their health care team from anywhere, using encryption to ensure a secure and private session. <all>

DOULA for VA Act of 2021

A bill to require the Secretary of Veterans Affairs to establish a pilot program to furnish doula services to veterans.

DOULA for VA Act of 2021 Delivering Optimally Urgent Labor Access for Veterans Affairs Act of 2021

Sen. Booker, Cory A.

D

NJ

H.R.2462

Environmental Protection

Abandoned Mine Land Reclamation Fee Reauthorization Act of 2021 This bill reduces the fee certain coal mining operations must pay to the Abandoned Mine Reclamation Fund, reauthorizes such fee through FY2028, and otherwise revises provisions regarding the fund and mine reclamation. Under the existing Abandoned Mine Land Reclamation Program, the Office of Surface Mining, Reclamation and Enforcement (OSMRE) collects a fee from coal mining companies for each ton of coal produced. The fees are deposited into the fund, which may be used to address hazards to public health, safety, and the environment from coal mining sites that were abandoned or unreclaimed as of August 3, 1977. For example, the fund may be used to provide grants to states and Indian tribes to reclaim and clean up land and water affected by such sites. OSMRE's authority to collect the fee expires on September 30, 2021. This bill extends the authority to collect the fee for seven years and reduces the fee for all categories of coal. It also provides additional grants for certain priority sites and revises requirements governing the distribution of grants to states and Indian tribes from the program. In addition, the bill allows states to (1) enter into a memorandum of understanding with relevant states or federal agencies to clean up lands and waters affected by such sites, and (2) partner with a community reclaimer who volunteers to carry out a reclamation project approved by the Department of the Interior.

To amend the Surface Mining Control and Reclamation Act of 1977 to make modifications to the Abandoned Mine Reclamation 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 ``Abandoned Mine Land Reclamation Fee Reauthorization Act of 2021''. SEC. 2. AMOUNTS DISTRIBUTED FROM ABANDONED MINE RECLAMATION FUND. Section 401(f)(2) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1231(f)(2)) is amended-- (1) in subparagraph (A)-- (A) in the subparagraph heading, by striking ``2022'' and inserting ``2037''; and (B) in the matter preceding clause (i), by striking ``2022'' and inserting ``2037''; and (2) in subparagraph (B)-- (A) in the subparagraph heading, by striking ``2023'' and inserting ``2038''; (B) by striking ``2023'' and inserting ``2038''; and (C) by striking ``2022'' and inserting ``2037''. SEC. 3. RECLAMATION FEE. (a) Amount.--Section 402(a) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1232(a)) is amended-- (1) by striking ``28 cents'' and inserting ``16.8 cents''; (2) by striking ``12 cents'' and inserting ``7.2 cents''; and (3) by striking ``8 cents'' and inserting ``4.8 cents''. (b) Duration.--Section 402(b) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1232(b)) is amended by striking ``September 30, 2021'' and inserting ``September 30, 2028''. SEC. 4. APPLICABILITY OF CERTAIN TRANSFER REQUIREMENT TO PAYMENTS TO STATES AND INDIAN TRIBES. Section 402(i)(3) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1232(i)(3)) is amended by adding at the end the following: ``(C) Application.--Subparagraph (B) shall not apply to transfers to the Secretary of the Interior for distribution to States and Indian tribes under paragraph (2).''. SEC. 5. STATE MEMORANDA OF UNDERSTANDING FOR REMEDIATION OF MINE DRAINAGE; COMMUNITY RECLAIMER PARTNERSHIPS. (a) State Memoranda of Understanding for Certain Remediation of Mine Drainage.--Section 405 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1235) is amended by adding at the end the following: ``(m) State Memoranda of Understanding for Remediation of Mine Drainage.-- ``(1) Authorization.-- ``(A) In general.--Subject to the approval of the Secretary and the Administrator of the Environmental Protection Agency (referred to in this subsection as the `Administrator') under paragraph (4), a State with an approved State Reclamation Plan may enter into a memorandum of understanding with a relevant State or Federal agency to remediate lands and water eligible for reclamation or drainage abatement expenditures under this title. ``(B) Updates.--A memorandum of understanding entered into pursuant to subparagraph (A) may be updated as necessary and resubmitted for approval under paragraph (4). ``(2) Memoranda of understanding requirements.--A memorandum of understanding entered into pursuant to paragraph (1)(A) shall establish a strategy to address water pollution resulting from mine drainage lands and waters eligible for reclamation or drainage abatement expenditures under this title. Such strategy shall include specific procedures for-- ``(A) ensuring that activities carried out to address mine drainage will result in improved water quality; ``(B) monitoring, sampling, and reporting of collected information as necessary to achieve the condition required under clause (i); ``(C) operating and maintaining treatment systems as necessary to achieve the condition required under clause (i); and ``(D) such other matters as the parties to such memorandum of understanding determine appropriate. ``(3) Public review and comment.-- ``(A) In general.--Before submitting a memorandum of understanding to the Secretary and the Administrator for approval in accordance with paragraph (4), a State shall-- ``(i) invite interested members of the public to comment on the proposed memorandum of understanding; and ``(ii) hold not less than 1 public meeting concerning the memorandum of understanding in a location reasonably accessible to persons who may be affected by implementation of the memorandum of understanding. ``(B) Notice of meeting.--Not later than 15 days before the date of a meeting under subparagraph (A)(ii) the State shall publish notice of the meeting in a local newspaper of general circulation, on the internet, and by any other means the Secretary and Administrator determine appropriate. ``(4) Submission and approval.-- ``(A) In general.--Before entering into a memorandum of understanding pursuant to paragraph (1)(A), a State shall submit the memorandum of understanding to the Secretary and the Administrator for approval. ``(B) Deadline.--Not later than 120 days after the date on which a State submits the memorandum of understanding for approval under subparagraph (A), the Secretary and the Administrator shall approve or disapprove the memorandum of understanding. ``(C) Requirement.--The Secretary and the Administrator shall approve a memorandum of understanding under this paragraph if the Secretary and Administrator find that the memorandum of understanding will facilitate carrying out additional activities to improve water quality under the approved State Reclamation Plan of the State. ``(5) Treatment as part of state plan.--A memorandum of understanding that is approved by the Secretary and the Administrator under this subsection shall be considered to be part of the approved State Reclamation Plan of the State.''. (b) Community Reclaimer Partnerships.--Section 405 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1235) is further amended by adding at the end the following: ``(n) Community Reclaimer Partnerships.-- ``(1) Definition of community reclaimer.--In this subsection, the term `community reclaimer' means any person that-- ``(A) seeks to voluntarily assist a State with a reclamation project under this section; ``(B) did not participate in any way in-- ``(i) the creation of site conditions at the project site; or ``(ii) activities that caused any land or waters at the project site to become eligible for reclamation or drainage abatement expenditures under section 404; ``(C) is not a past or current owner or operator of any site with ongoing reclamation obligations; and ``(D) is not subject to any outstanding violations listed pursuant to section 510(c). ``(2) Authorization of community reclaimer projects.--The Secretary may authorize a community reclaimer to carry out a reclamation project under this section for which a request for approval submitted by the State under paragraph (3) has been approved by the Secretary in accordance with paragraph (4). ``(3) Reclamation project submission.-- ``(A) In general.--A State may submit to the Secretary a request to authorize a community reclaimer to carry out a reclamation project under this section in the State. ``(B) Requirements.--A request submitted under subparagraph (A) shall include-- ``(i) a description of the reclamation project, including any engineering plans approved by a registered qualified professional engineer; ``(ii) a description of each reclamation project site, including, if relevant, the nature and extent of pollution resulting from mine drainage from such site; ``(iii) identification of the past and current owners and operators of each reclamation project site; ``(iv) an agreement between the State and the community reclaimer to carry out the reclamation project; ``(v) a determination by the State that the reclamation project will facilitate the activities of the State Reclamation Plan; ``(vi) sufficient information to determine whether the community reclaimer has the technical capability and expertise to successfully carry out the reclamation project; ``(vii) a cost estimate for the reclamation project; ``(viii) evidence that the community reclaimer has sufficient financial resources to ensure the completion of the reclamation project (including any operation or maintenance costs); ``(ix) a schedule for completion of the reclamation project; ``(x) an agreement between the community reclaimer and the owner of the affected site governing access to such site; ``(xi) sufficient information to demonstrate that the community reclaimer meets the requirements of paragraph (1); ``(xii) a contingency plan designed to be used in response to unplanned adverse events including emergency actions, response, and notifications; and ``(xiii) an agreement by the State that, before the initiation of the reclamation project, the State shall-- ``(I) provide notice to adjacent and downstream landowners and the public; and ``(II) hold a public meeting near the affected site. ``(4) Project approval.--Not later than 120 days after the date on which the Secretary receives a request submitted under paragraph (3)(A), the Secretary shall approve such request if the Secretary determines that-- ``(A) the request complies with the submission requirements of paragraph (3)(B); ``(B) the reclamation project-- ``(i) will be carried out by a community reclaimer or an approved for such purpose by an appropriate State agency subcontractor of the community reclaimer; ``(ii) will be carried out on lands or waters inventoried under section 403(c); ``(iii) in the case of a reclamation project that remediates mine drainage, is consistent with an approved State memorandum of understanding under subsection (m); and ``(iv) does not require a permit under title V; and ``(C) the State that submitted the request-- ``(i) has entered into an agreement with the community reclaimer that, except with respect to costs or damages resulting from gross negligence or intentional misconduct, such State shall assume responsibility for any costs or damages resulting from the conduct of the community reclaimer in carrying out the reclamation project; ``(ii) has the necessary legal authority to carry out the reclamation project; ``(iii) will obtain all authorizations, permits, licenses, and other approvals required by law to ensure completion of the reclamation project; and ``(iv) has sufficient financial resources to ensure completion of the reclamation project, including any necessary operation and maintenance costs (including costs associated with emergency actions covered by a contingency plan under paragraph (3)(B)(xii)).''. (c) Clarifying State Liability for Mine Drainage Projects.--Section 413(d) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1242(d)) is amended, in the second sentence, by striking ``Act.'' and inserting ``Act, unless that control or treatment will be carried out in accordance with a State memorandum of understanding approved under section 405(m).''. (d) Conforming Amendments.--Section 405(f) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1235(f)) is amended-- (1) in paragraph (6), by striking ``and'' after the semicolon; (2) in paragraph (7), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(8) a list of reclamation projects with respect to which such State has submitted a request under subsection (n)(3).''. SEC. 6. ADDITIONAL GRANTS FROM ABANDONED MINE RECLAMATION FUND. (a) Additional Grants for Priority 1 and Priority 2 Sites.-- (1) In general.--Title IV of the Surface Mining Control and Reclamation Act of 1977 is amended by inserting after section 415 (30 U.S.C. 1244) the following: ``SEC. 416. ADDITIONAL GRANTS FOR PRIORITY 1 AND PRIORITY 2 SITES. ``(a) Definition of Eligible State or Indian Tribe.--In this section, the term `eligible State or Indian tribe' means a State or Indian tribe-- ``(1) with an approved State Reclamation Plan under section 405; and ``(2) that is not certified under section 411(a). ``(b) Additional Grants.--Of amounts in the fund that are not otherwise appropriated, $140,000,000 shall be made available to the Secretary, for each of fiscal years 2022 through 2037, to make grants to eligible States and Indian tribes to carry out reclamation projects to achieve the priorities described in paragraphs (1) and (2) of section 403(a). ``(c) Requirement.--In making grants under subsection (b) to eligible States and Indian tribes, the Secretary shall allocate the grants to those eligible States and Indian tribes based on the amount of coal historically produced in the State or from the Indian lands concerned before August 3, 1977, according to the formula described in section 402(g)(5).''. (2) Conforming amendment.--The table of contents of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201) is amended by adding after the item relating to section 414 the following: ``Sec. 415. Remining incentives. ``Sec. 416. Additional grants for priority 1 and priority 2 sites.''. (b) Conforming Amendments.-- (1) Section 401 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1231) is further amended-- (A) in subsection (c)-- (i) in paragraph (10), by striking ``and'' at the end; (ii) by redesignating paragraph (11) as paragraph (12); and (iii) by inserting after paragraph (10) the following: ``(11) to make additional grants under section 416; and''; and (B) in subsection (d)(3), by inserting ``and section 416'' before the period at the end; and (2) Section 402(g) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1232(g)) is amended-- (A) in paragraph (1), in the matter preceding subparagraph (A), by inserting ``and section 416'' after ``subsection (h)''; and (B) in paragraph (3), by adding at the end the following: ``(F) For the purpose of section 416.''. SEC. 7. INCREASED REVENUE SHARING WITH COAL-PRODUCING STATES. Section 35(a) of the Mineral Leasing Act (30 U.S.C. 191(a)) is amended, in the first sentence, by striking ``50 per centum thereof'' and inserting ``50 percent of the amount received, or in the case of any amount received from coal leases, 60 percent of the amount received,''. SEC. 8. SEQUESTRATION PROVISIONS. (a) Exemption of Payments to States and Indian Tribes From the Abandoned Mine Reclamation Fund From Sequestration.-- (1) In general.--Section 255(g)(1)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 905(g)(1)(A)) is amended by inserting after ``Payments to Social Security Trust Funds (28-0404-0-1-651).'' the following: ``Payments to States and Indian Tribes from the Abandoned Mine Reclamation Fund and payments to States and Indian Tribes under section 402(i)(2) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1232(i)(2)) (12-50q5-0-2-999).''. (2) Applicability.--The amendment made by paragraph (1) 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.) on or after the date of enactment of this Act. (b) Payment From Withheld Amounts.-- (1) In general.--From amounts withheld pursuant to section 251A of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901a) from payments to States and Indian tribes under section 402(g) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1232(g)) during fiscal years 2013 through 2020, the Secretary of the Interior shall distribute for fiscal year 2021 to each State and each Indian tribe from which the amounts were withheld an amount equal to the total amount so withheld from the State or Indian tribe. (2) Use.--Amounts distributed under paragraph (1) may be used by a State or Indian tribe only for the purposes authorized by section 402(g) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1232(g)). SEC. 9. DEPARTMENT OF THE INTERIOR STUDY AND REPORT ON TECHNOLOGICAL INNOVATIONS FOR USE IN THE ABANDONED MINE LAND RECLAMATION PROGRAM. (a) In General.--Not later than 180 days after the date of enactment of this Act, the Secretary of the Interior shall complete a study of technologies for use in carrying out abandoned mine reclamation activities under title IV of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1231 et seq.) that would improve reclamation and reduce costs of such reclamation, including the application of technical innovations in the technology development and transfer program of the Office of Surface Mining Reclamation and Enforcement, including-- (1) geomorphic reclamation; (2) drone technology; and (3) other technologies that would-- (A) improve overall reclamation; (B) reduce costs of reclamation; and (C) improve safety. (b) Report.--As soon as practicable after completing the study under subsection (a), the Secretary of the Interior shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report describing the results of the study that includes recommendations for areas of improvement identified under the study. SEC. 10. DEPARTMENT OF THE INTERIOR STUDY AND REPORT TO STRENGTHEN OVERSIGHT OF THE ABANDONED MINE LAND RECLAMATION PROGRAM. (a) Study and Report.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, the Secretary of the Interior shall complete a study-- (A) to identify potential cost reductions in abandoned mine reclamation activities carried out under title IV of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1231 et seq.); and (B) to determine the ratio of overhead spending in the administration of such activities to spending on reclamation activities under such title. (2) Report.--As soon as practicable after completing the study under paragraph (1), the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report describing the results of the study that includes recommendations for areas of improvement identified under the study. (b) Annual Office of Surface Mining Reclamation and Enforcement Report.--The Secretary shall require the Director of the Office of Surface Mining Reclamation and Enforcement to publish annual reports on the efficacy of the Abandoned Mine Land Reclamation Economic Development Pilot Program (also known as the ``AML Pilot''), including a detailed accounting of all projects funded and completed using funding made available for such program under the heading ``DEPARTMENT OF THE INTERIOR -- OFFICE OF SURFACE MINING RECLAMATION -- Abandoned mine reclamation fund'' in the division relating to appropriations for the Departments of the Interior, Environment, and related agencies in each of the following Acts: (1) The Consolidated Appropriations Act, 2016 (Public Law 114-113; 129 Stat. 2536). (2) The Consolidated Appropriations Act, 2017 (Public Law 115-31; 131 Stat. 446). (3) The Consolidated Appropriations Act, 2018 (Public Law 115-141; 132 Stat 646). (4) The Consolidated Appropriations Act, 2019 (Public Law 116-6; 133 Stat. 217). (5) The Further Consolidated Appropriations Act, 2020 (Public Law 116-94; 133 Stat. 2698). (6) The Consolidated Appropriations Act, 2021 (Public Law 116-260). (7) any future Act providing appropriations for the Department of the Interior, Environment, and related agencies. <all>

Abandoned Mine Land Reclamation Fee Reauthorization Act of 2021

To amend the Surface Mining Control and Reclamation Act of 1977 to make modifications to the Abandoned Mine Reclamation Fund, and for other purposes.

Abandoned Mine Land Reclamation Fee Reauthorization Act of 2021

Rep. Cheney, Liz

R

WY

H.R.8164

Armed Forces and National Security

Resilient Defense Assistance Act of 2022 This bill authorizes the Department of Defense to utilize various funds and programs to contribute to military climate resilience, including by authorizing funding from the Combatant Commander Initiative Fund to be used for climate resilience of military installations and essential civilian infrastructure.

To amend title 10, United States Code, to improve the climate resilience of the Armed Forces and certain security forces and facilities operated by allies and partners 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 ``Resilient Defense Assistance Act of 2022''. SEC. 2. CLIMATE RESILIENCE ASSISTANCE AND IMPROVEMENTS OF THE DEPARTMENT OF DEFENSE. (a) Inclusion of Climate Resilience Services in Certain Programs of the Armed Forces.-- (1) Combatant commander initiative fund.--Section 166a(b) of title 10, United States Code, is amended by adding at the end the following new paragraphs: ``(11) Climate resilience of military installations and essential civilian infrastructure. ``(12) Military support to civilian and military authorities to combat illegal wildlife trafficking, illegal timber trafficking, and illegal, unreported, or unregulated fishing.''. (2) Authority to build capacity of foreign security forces.--Section 333(a) of title 10, United States Code, is amended by adding at the end the following new paragraphs: ``(10) Activities to maintain and improve the climate resilience of military installations and facilities available for use in international coalition operations. ``(11) Activities to combat illegal wildlife trafficking, illegal timber trafficking, and illegal, unreported, or unregulated fishing.''. (b) Contributions To Improve the Climate Resilience of Certain Security Forces and Facilities of Allies and Partners of the United States.-- (1) Contributions.--Part IV of subtitle A of title 10, United States Code, is amended-- (A) in section 2350, by striking ``(and construction incident to base operations support)'' and inserting ``(including actions to maintain or improve the climate resilience of bases and construction incident to base operations support)''; (B) in section 2806(a), by striking ``acquisition and construction'' and inserting ``acquisition, construction, and climate resilience''; and (C) by inserting after such section the following new section: ``Sec. 2806a. Contributions to improve the climate resilience of certain facilities of allies and partners of the United States. ``(a) Contributions.--From amounts appropriated to carry out this section, the Secretary of Defense may make contributions to the Federal share of the cost of construction, and other projects, to preserve or improve the climate resilience of-- ``(1) military facilities and installations of an ally or partner of the United States; or ``(2) a civilian airfield or seaport of an ally or partner of the United States that the Secretary determines is suitable for military use. ``(b) Limitation on Contributions.--Funds may not be obligated or expended pursuant to this section unless such funds have been authorized by law for such purpose. ``(c) Additional Contributions.-- ``(1) The Secretary may make an additional contribution for a construction or other project for which the Secretary has made a contribution under subsection (a) if-- ``(A) such additional contribution is in an amount that is greater than the amount appropriated to carry out this section; and ``(B) the amount of the additional contribution is not greater than 200 percent of the maximum amount specified in section 2805(a) for a minor military construction project. ``(2) An additional contribution described in paragraph (1) may exceed the limitation in such paragraph-- ``(A) if the sum of the additional contribution and the contribution under subsection (a) is not greater than 125 percent of the amount appropriated to carry out this section; and ``(B) after the end of a 14-day period beginning on the date on which the Secretary submits to Congress-- ``(i) notice of such additional contribution; ``(ii) reasons for such additional contribution; and ``(iii) the source of funds to be used for such additional contribution.''. (2) Authorization of appropriations.--There is authorized to be appropriated to the Secretary $10,000,000 for fiscal year 2023 to carry out section 2806a of title 10, United States Code, as added by paragraph (1)(C). (3) Clerical amendment.--The table of sections at the beginning of subchapter I of chapter 169 of title 10, United States Code, is amended by inserting after the item relating to section 2806 the following new item: ``2806a. Contributions to improve the climate resilience of certain facilities of allies and partners of the United States.''. (c) Authorization of Appropriations for the Defense Environmental International Cooperation Program.--There is authorized to be appropriated to the Secretary of Defense $10,000,000 for fiscal year 2023 to carry out the Defense Environmental International Cooperation program. <all>

Resilient Defense Assistance Act of 2022

To amend title 10, United States Code, to improve the climate resilience of the Armed Forces and certain security forces and facilities operated by allies and partners of the United States, and for other purposes.

Resilient Defense Assistance Act of 2022

Rep. Peters, Scott H.

D

CA

H.R.6080

Government Operations and Politics

This act designates the facility of the United States Postal Service located at 5420 Kavanaugh Boulevard in Little Rock, Arkansas, as the Ronald A. Robinson Post Office.

[117th Congress Public Law 290] [From the U.S. Government Publishing Office] [[Page 136 STAT. 4368]] Public Law 117-290 117th Congress An Act To designate the facility of the United States Postal Service located at 5420 Kavanaugh Boulevard in Little Rock, Arkansas, as the ``Ronald A. Robinson Post Office''. <<NOTE: Dec. 27, 2022 - [H.R. 6080]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. RONALD A. ROBINSON POST OFFICE. (a) Designation.--The facility of the United States Postal Service located at 5420 Kavanaugh Boulevard in Little Rock, Arkansas, shall be known and designated as the ``Ronald A. Robinson Post Office''. (b) References.--Any reference in a law, map, regulation, document, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Ronald A. Robinson Post Office''. Approved December 27, 2022. LEGISLATIVE HISTORY--H.R. 6080: --------------------------------------------------------------------------- CONGRESSIONAL RECORD, Vol. 168 (2022): Sept. 28, considered and passed House. Dec. 19, considered and passed Senate. <all>

To designate the facility of the United States Postal Service located at 5420 Kavanaugh Boulevard in Little Rock, Arkansas, as the "Ronald A. Robinson Post Office".

To designate the facility of the United States Postal Service located at 5420 Kavanaugh Boulevard in Little Rock, Arkansas, as the "Ronald A. Robinson Post Office".

Official Titles - House of Representatives Official Title as Introduced To designate the facility of the United States Postal Service located at 5420 Kavanaugh Boulevard in Little Rock, Arkansas, as the "Ronald A. Robinson Post Office".

Rep. Hill, J. French

R

AR

H.R.2205

Transportation and Public Works

Incentivizing Value Capture for Greener Transportation Act This bill authorizes the Department of Transportation (DOT) to provide technical assistance grants to states and local governments to (1) develop more state and local value capture mechanisms for long-term funding that promote mobility, public transportation, and affordable transit-oriented development; (2) improve public transportation and mobility; and (3) develop strategic partnerships that create greater self-help capacity that leads to greater long term and robust investments in public transportation, mobility, inclusive economic development, and affordable transit-oriented development. DOT must

To amend title 49, United States Code, to provide grants and develop value capture policy. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Incentivizing Value Capture for Greener Transportation Act''. SEC. 2. FINDINGS. Congress finds the following: (1) In 2018, greenhouse gas emissions (GHG) rose sharply by 3.4 percent, the second-largest annual gain in more than 20 years, and GHG emissions have grown by approximately 1.5 percent every year over the last decade. (2) Greenhouse gas emissions from the transportation sector, including cars and trucks, are the largest source of GHG emissions in the United States with the transportation sector emitting 1,900,000,000 tons of carbon dioxide (CO2) annually. (3) Annual vehicle miles traveled (VMT) in the United States have nearly tripled since 1971, rising to 3,210,000,000,000 in 2018. (4) Consequently, in 2018, Americans lost an average of 97 hours a year due to congestion, costing them nearly $87,000,000,000. (5) Residents in communities located near high-capacity transit are twice as likely not to own a car as residents who live elsewhere, and they own half as many cars per household. (6) Increasing transit ridership and improving our transit systems in urban, suburban, and exurban areas, using innovative solutions such as land value capture, will help reduce VMT, congestion, GHG emissions, and reliance on fossil fuels and vehicles. By reducing such factors, the United States can help curb the effects of climate change. SEC. 3. VALUE CAPTURE POLICY AND PLANNING PROGRAM. Chapter 53 of title 49, United States Code, is amended by adding at the end the following: ``SEC. 5341. TECHNICAL ASSISTANCE AND VALUE CAPTURE POLICY. ``(a) Technical Assistance and Policy Development.-- ``(1) Technical assistance grants.--The Secretary may make a grant available to a State or local government if the Secretary determines that such grant will assist recipients under this section to-- ``(A) develop more State and local value capture mechanisms for long-term funding that promote mobility, public transportation, and affordable transit-oriented development; ``(B) improve public transportation and mobility; and ``(C) develop strategic partnerships that create greater self-help capacity that leads to greater long term and robust investments in public transportation, mobility, inclusive economic development, and affordable transit-oriented development. ``(2) Performance benchmarks and maintenance of effort.-- ``(A) Performance benchmarks.--To be eligible for a grant under this section, the grantee shall include in its application an explanation of how the grant funds will demonstrably increase transit capacity and ridership and reduce carbon dioxide emissions, vehicle miles traveled, and congestion. ``(B) Maintenance of effort.-- ``(i) In general and possible reduction.-- In addition to the eligibility requirements of subparagraph (A), a grantee also needs to include in its application a certification to maintain the same funding level as the aggregate expenditures at or above the average level of expenditures in the 2 fiscal years prior to the date of enactment of this section. If a State or local government that receives a grant under this section reduces its combined fiscal effort for value capture initiatives and programs or the aggregate expenditures within the State or local government to support value capture, public transportation, or affordable transit-oriented development programs for any fiscal year that a State or local government receives a grant authorized under this section relative to the previous fiscal year, the Secretary, except as provided in clause (ii), shall reduce support for such State or local government under this section by the same amount as the decline in State or local effort for such fiscal year. ``(ii) Waiver.--The Secretary may waive the requirements of this subparagraph if-- ``(I) the Secretary determines that a waiver would be appropriate due to a precipitous decline in the financial resources of a State or local government as a result of unforeseen economic hardship or a natural disaster that has necessitated across-the-board reductions in State or local services, including value capture, public transportation, and affordable transit- oriented development programs; or ``(II) due to the circumstances of a State or local government requiring reductions in specific programs, if the State or local government presents to the Secretary a justification and demonstration why other programs could not be reduced and how value capture, public transportation, and affordable transit-oriented development programs in the State will not be disproportionately harmed by such State or local action. ``(3) Davis-bacon.--The Secretary shall ensure that laborers and mechanics employed by contractors and subcontractors in construction work financed by a grant made under this section will be paid wages not less than those prevailing on similar construction in the locality, as determined by the Secretary of Labor under subchapter IV of chapter 31 of title 40 (commonly known as the `Davis-Bacon Act'). ``(4) Enforcement.--The Secretary may revoke grant funds provided under this section if a grantee fails to implement the maintenance of effort under paragraph (2)(B) and Davis-Bacon provisions referred to paragraph (3). ``(5) Evaluation.--Not later than 3 years after receiving a grant under this section, the grantee shall assess the effectiveness of the use of the funds by evaluating whether the funds created a demonstrable increase in transit capacity and ridership and a reduction in carbon dioxide emissions, vehicle miles traveled, and congestion. ``(6) Technical assistance.--The Secretary, through a competitive bid process, may enter into contracts, cooperative agreements, and other agreements with national nonprofit organizations and universities that have the appropriate demonstrated capacity to provide value capture-related technical assistance under this subsection, including guidance on implementing foreign value capture models within the United States. ``(7) Supplement not supplant.--Grant funds received under this section shall be used to supplement and not supplant other Federal, State, and local public funds expended on public value capture and affordable transit-oriented development programs in the State or local government. ``(8) Value capture policy requirements.-- ``(A) Value capture policy.--Not later than October 1 of the fiscal year that begins 2 years after the date of enactment of this section, the Secretary, in collaboration with State departments of transportation, metropolitan planning organizations, and regional council of governments, shall establish voluntary and consensus-based value capture standards, policies, and best practices for State and local value capture mechanisms that promote greater investments in public transportation and affordable transit-oriented development. ``(B) Report.--Not later than 15 months after the date of enactment of this section, the Secretary shall make available to the public a report cataloging examples of State and local laws and policies that provide for value capture and value sharing that promote greater investment in public transportation and affordable transit-oriented development. ``(C) Best practices.--Based on the report required under subparagraph (B), the Secretary shall identify and disseminate examples of best practices where States and local governments have adopted value capture and value sharing mechanisms that have successfully provided for greater investment in public transportation and affordable transit-oriented development. ``(b) Definitions.--For purposes of this section-- ``(1) the term `value capture' means capturing a portion of the incremental economic value created by government investments, activities, and policies that may generate alternative revenue streams, assets, or other financial value for which could assist in funding those investments and activities; ``(2) the term `transit-oriented development' means a mix of commercial, residential, office, and entertainment centered around or located near a public transportation station that promotes affordable housing and commercial space; ``(3) the term `affordable housing' means housing, the cost of which does not exceed 30 percent of the income of a family; and ``(4) the term `affordable commercial space' means commercial space dedicated to either protect or promote small and disadvantage businesses provided below market rent value.''. <all>

Incentivizing Value Capture for Greener Transportation Act

To amend title 49, United States Code, to provide grants and develop value capture policy.

Incentivizing Value Capture for Greener Transportation Act

Rep. DeSaulnier, Mark

D

CA

H.R.1032

Science, Technology, Communications

Telecommunications Skilled Workforce Act This bill establishes measures to address the workforce needs of the telecommunications industry. Specifically, the bill requires the Federal Communications Commission (FCC) to establish an interagency working group to develop recommendations for addressing these workforce needs. The FCC must also establish and issue guidance on how states can meet the workforce needs of the telecommunications industry, including guidance on how a state workforce development board can (1) utilize federal resources available to meet telecommunications industry workforce needs; and (2) promote and improve recruitment in qualified industry-led workforce development programs, including the Telecommunications Industry Registered Apprenticeship Program. The Government Accountability Office must submit to Congress a report that estimates the number of skilled telecommunications workers that will be required to build and maintain (1) broadband infrastructure in rural areas, and (2) the 5G wireless infrastructure needed to support 5G wireless technology.

To address the workforce needs of the telecommunications industry. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Telecommunications Skilled Workforce Act''. SEC. 2. TELECOMMUNICATIONS INTERAGENCY WORKING GROUP. (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. 344. TELECOMMUNICATIONS INTERAGENCY WORKING GROUP. ``(a) Definitions.--In this section: ``(1) 5G.--The term `5G', with respect to wireless infrastructure and wireless technology, means fifth-generation wireless infrastructure and wireless technology. ``(2) Rural area.--The term `rural area' means any area other than-- ``(A) a city, town, or incorporated area that has a population of more than 20,000 inhabitants; or ``(B) an urbanized area adjacent to a city or town that has a population of more than 50,000 inhabitants. ``(3) Telecommunications interagency working group.--The term `telecommunications interagency working group' means the interagency working group established under subsection (b). ``(b) Establishment.--Not later than 60 days after the date of enactment of this section, the Chairman of the Commission, in consultation with the Secretary of Labor, shall establish within the Commission an interagency working group to develop recommendations to address the workforce needs of the telecommunications industry. ``(c) Duties.--In developing recommendations under subsection (b), the telecommunications interagency working group shall-- ``(1) determine whether, and if so how, any Federal laws (including regulations), guidance, policies, or practices, or any budgetary constraints, inhibit institutions of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)) or for-profit businesses from establishing, adopting, or expanding programs intended to address the workforce needs of the telecommunications industry, including the workforce needed to build and maintain the 5G wireless infrastructure necessary to support 5G wireless technology; ``(2) identify potential policies and programs that could encourage and improve coordination among Federal agencies, between Federal agencies and States, and among States, on telecommunications workforce needs; ``(3) identify ways in which existing Federal programs, including programs that help facilitate the employment of veterans and military personnel transitioning into civilian life, could be leveraged to help address the workforce needs of the telecommunications industry; ``(4) identify ways to encourage individuals and for-profit businesses to participate in qualified industry-led workforce development programs, including the Telecommunications Industry Registered Apprenticeship Program; ``(5) identify ways to improve recruitment in qualified industry-led workforce development programs, including the Telecommunications Industry Registered Apprenticeship Program and other industry-recognized apprenticeship programs; and ``(6) identify Federal incentives that could be provided to institutions of higher education, for-profit businesses, State workforce development boards established under section 101 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3111), or other relevant stakeholders to establish or adopt programs, or expand current programs, to address the workforce needs of the telecommunications industry, including such needs in rural areas. ``(d) Members.--The telecommunications interagency working group shall be composed of representatives of such Federal agencies and relevant non-Federal industry stakeholder organizations as the Chairman of the Commission, in consultation with the Secretary of Labor, considers appropriate, including-- ``(1) a representative of the Department of Education, appointed by the Secretary of Education; ``(2) a representative of the National Telecommunications and Information Administration, appointed by the Assistant Secretary of Commerce for Communications and Information; ``(3) a representative of the Department of Commerce, appointed by the Secretary of Commerce; ``(4) a representative of the Commission, appointed by the Chairman of the Commission; ``(5) a representative of the Telecommunications Industry Registered Apprenticeship Program, appointed by the Secretary of Labor; ``(6) a representative of a telecommunications industry association, appointed by the Chairman of the Commission; ``(7) a representative of an Indian Tribe or Tribal organization, appointed by the Secretary of Labor; ``(8) a representative of a rural telecommunications carrier, appointed by the Chairman of the Commission; ``(9) a representative of a telecommunications contractor firm, appointed by the Chairman of the Commission; ``(10) a representative of a minority institution (as defined in section 365 of the Higher Education Act of 1965 (20 U.S.C. 1067k)), appointed by the Secretary of Education; and ``(11) a representative of a labor organization, appointed by the Secretary of Labor. ``(e) No Compensation.--A member of the telecommunications interagency working group shall serve without compensation. ``(f) Report to Congress.--Not later than 180 days after the date on which the telecommunications interagency working group is established, the working group shall submit a report containing recommendations to address the workforce needs of the telecommunications industry to-- ``(1) the Committee on Commerce, Science, and Transportation of the Senate; ``(2) the Committee on Health, Education, Labor, and Pensions of the Senate; ``(3) the Committee on Energy and Commerce of the House of Representatives; and ``(4) the Committee on Education and Labor of the House of Representatives. ``(g) Nonapplicability of FACA.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the telecommunications interagency working group.''. (b) Sunset.--Section 344 of the Communications Act of 1934, as added by subsection (a), shall be repealed on the day after the date on which the interagency working group established under subsection (b) of that section submits the report to Congress under subsection (f) of that section. SEC. 3. TELECOMMUNICATIONS WORKFORCE GUIDANCE. Not later than 270 days after the date of enactment of this Act, the Chairman of the Federal Communications Commission, in consultation with the Secretary of Labor, shall establish and issue guidance on how States can address the workforce needs of the telecommunications industry, including guidance on how a State workforce development board established under section 101 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3111) can-- (1) utilize Federal resources available to States to meet the workforce needs of the telecommunications industry; and (2) promote and improve recruitment in qualified industry- led workforce development programs, including the Telecommunications Industry Registered Apprenticeship Program. SEC. 4. GAO ASSESSMENT OF WORKFORCE NEEDS OF THE TELECOMMUNICATIONS INDUSTRY. (a) Definitions.--In this section: (1) 5G.--The term ``5G'', with respect to wireless infrastructure and wireless technology, means fifth-generation wireless infrastructure and wireless technology. (2) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Commerce, Science, and Transportation of the Senate; (B) the Committee on Health, Education, Labor, and Pensions of the Senate; (C) the Committee on Energy and Commerce of the House of Representatives; and (D) the Committee on Education and Labor of the House of Representatives. (3) Broadband infrastructure.--The term ``broadband infrastructure'' means any buried, underground, or aerial facility, and any wireless or wireline connection, that enables users to send and receive voice, video, data, graphics, or any combination thereof. (b) Report.--Not later than 180 days after the date of enactment of this Act, the Comptroller General of the United States shall submit to the appropriate congressional committees a report that estimates the number of skilled telecommunications workers that will be required to build and maintain-- (1) broadband infrastructure in rural areas; and (2) the 5G wireless infrastructure needed to support 5G wireless technology. <all>

Telecommunications Skilled Workforce Act

To address the workforce needs of the telecommunications industry.

Telecommunications Skilled Workforce Act

Rep. Walberg, Tim

R

MI

S.1860

Housing and Community Development

Lead-Safe Housing for Kids Act of 2021 This bill requires the Department of Housing and Urban Development (HUD) to issue regulations regarding lead-based paint in certain federally assisted housing that was constructed prior to 1978 and in which a child younger than age six will reside. Specifically, HUD must require owners of such housing to (1) conduct, within specified time frames, risk assessment for lead-based paint hazards; (2) control the hazards; and (3) provide certain notice to residents. If a family with a child younger than age six occupies such housing in which lead-based paint hazards are identified but not controlled, HUD must allow the family to relocate on an emergency basis to another dwelling without any wait, penalty, or lapse in assistance.

To amend the Lead-Based Paint Poisoning Prevention Act to provide for additional procedures for families with children under the age of 6, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Lead-Safe Housing for Kids Act of 2021''. SEC. 2. AMENDMENTS TO THE LEAD-BASED PAINT POISONING PREVENTION ACT. Section 302(a) of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4822(a)) is amended-- (1) by redesignating paragraph (4) as paragraph (5); and (2) by inserting after paragraph (3) the following: ``(4) Additional procedures for families with children under the age of 6.-- ``(A) Risk assessment.-- ``(i) Definition.--In this subparagraph, the term `covered housing'-- ``(I) means housing receiving Federal assistance described in paragraph (1) that was constructed prior to 1978; and ``(II) does not include-- ``(aa) single-family housing covered by an application for mortgage insurance under the National Housing Act (12 U.S.C. 1701 et seq.); or ``(bb) multi-family housing that-- ``(AA) is covered by an application for mortgage insurance under the National Housing Act (12 U.S.C. 1701 et seq.); and ``(BB) does not receive any other Federal housing assistance. ``(ii) Regulations.--Not later than 180 days after the date of enactment of the Lead- Safe Housing for Kids Act of 2021, the Secretary shall promulgate regulations that-- ``(I) require the owner of covered housing in which a family with a child of less than 6 years of age will reside or is expected to reside to conduct an initial risk assessment for lead-based paint hazards-- ``(aa) in the case of covered housing receiving tenant-based rental assistance under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f), not later than 15 days after the date on which the family and the owner submit a request for approval of a tenancy or lease renewal, whichever occurs first; ``(bb) in the case of covered housing receiving public housing assistance under the United States Housing Act of 1937 (42 U.S.C. 1437 et seq.) or project-based rental assistance under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f), not later than 15 days after the date on which a physical condition inspection occurs; and ``(cc) in the case of covered housing not described in item (aa) or (bb), not later than a date established by the Secretary; ``(II) provide that a visual assessment alone is not sufficient for purposes of complying with subclause (I); ``(III) require that, if lead-based paint hazards are identified by an initial risk assessment conducted under subclause (I), the owner of the covered housing shall-- ``(aa) not later than 30 days after the date on which the initial risk assessment is conducted, control the lead- based paint hazards, including achieving clearance in accordance with regulations promulgated under section 402 or 404 of the Toxic Substances Control Act (15 U.S.C. 2682, 2684), as applicable; and ``(bb) provide notice to all residents in the covered housing affected by the initial risk assessment, and provide notice in the common areas of the covered housing, that lead- based paint hazards were identified and will be controlled within the 30-day period described in item (aa); and ``(IV) provide that there shall be no extension of the 30-day period described in subclause (III)(aa). ``(iii) Exceptions.--The regulations promulgated under clause (ii) shall provide an exception to the requirement under subclause (I) of such clause for covered housing-- ``(I) if the owner of the covered housing submits to the Secretary documentation-- ``(aa) that the owner conducted a risk assessment of the covered housing for lead- based paint hazards during the 12-month period preceding the date on which the family is expected to reside in the covered housing; and ``(bb) of any clearance examinations of lead-based paint hazard control work resulting from the risk assessment described in item (aa); ``(II) from which all lead-based paint has been identified and removed and clearance has been achieved in accordance with regulations promulgated under section 402 or 404 of the Toxic Substances Control Act (15 U.S.C. 2682, 2684), as applicable; ``(III) if-- ``(aa) lead-based paint hazards are identified in the dwelling unit in the covered housing in which the family will reside or is expected to reside; ``(bb) the dwelling unit is unoccupied; ``(cc) the owner of the covered housing, without any further delay in occupancy or increase in rent, provides the family with another dwelling unit in the covered housing that has no lead-based paint hazards; and ``(dd) the common areas servicing the new dwelling unit have no lead-based paint hazards; and ``(IV) in accordance with any other standard or exception the Secretary deems appropriate based on health-based standards. ``(B) Relocation.--Not later than 180 days after the date of enactment of the Lead-Safe Housing for Kids Act of 2021, the Secretary shall promulgate regulations to provide that a family with a child of less than 6 years of age that occupies a dwelling unit in covered housing in which lead-based paint hazards were identified, but not controlled in accordance with regulations required under subparagraph (A)(ii), may relocate on an emergency basis and without placement on any waitlist, penalty (including rent payments to be made for that dwelling unit), or lapse in assistance to-- ``(i) a dwelling unit that was constructed in 1978 or later; or ``(ii) another dwelling unit in covered housing that has no lead-based paint hazards.''. SEC. 3. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out the amendments made by section 2 such sums as may be necessary for each of fiscal years 2022 through 2026. <all>

Lead-Safe Housing for Kids Act of 2021

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

Lead-Safe Housing for Kids Act of 2021

Sen. Durbin, Richard J.

D

IL

S.465

Health

COVID-19 Health Disparities Action Act of 2021 This bill requires the Centers for Disease Control and Prevention (CDC) to raise awareness about COVID-19 (i.e., coronavirus disease 2019) and promote vaccination among racial and ethnic minority groups and other populations that have experienced health disparities related to the disease. The CDC must conduct, subject to available funding, a public awareness campaign that targets those populations. The CDC must coordinate the campaign with the White House COVID-19 Health Equity Task Force and other federal, state, tribal, and local entities. The CDC must also award grants to health departments for similar COVID-19 awareness campaigns. Grant-funded campaigns must complement the CDC's campaign, as well as other efforts to inform the public about the disease. In addition, the Department of Health and Human Services must develop prototype materials for grantees to use in their campaigns.

To establish and support public awareness campaigns to address COVID- 19-related health disparities and promote vaccination. Be it enacted by the Senate 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 Health Disparities Action Act of 2021''. SEC. 2. FEDERAL PUBLIC AWARENESS CAMPAIGNS TO ADDRESS COVID-19-RELATED HEALTH DISPARITIES AND PROMOTE VACCINATION. (a) In General.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention and in coordination with the White House COVID-19 Health Equity Task Force, the Office of Minority Health of the Department of Health and Human Services, the Surgeon General, the National Vaccine Program Office, and, as appropriate, in coordination with the relevant Offices of Minority Health in the Department of Health and Human Services, the National Institute on Minority Health and Health Disparities, the Indian Health Service, and other relevant Federal offices and agencies, shall, subject to the availability of funding, develop and implement public awareness campaigns about COVID-19 vaccination and other relevant information about COVID-19 directed at racial and ethnic minority, rural, and other vulnerable populations that have experienced health disparities during the COVID-19 public health emergency related to rates of vaccination, testing, infection, hospitalization, and death. (b) Requirements.--The public awareness campaigns under this section shall-- (1) prioritize communities where the greatest health disparities have been identified with respect to rates of vaccination, testing, infection, hospitalization, and death related to COVID-19, with a focus on disparities affecting racial and ethnic minority, rural, and other vulnerable populations; (2) be accessible, culturally competent, and, as appropriate, multilingual; (3) use print, radio, or internet media, including partnerships with social media influencers and thought leaders, or other forms of public communication, including local, independent, or community-based written news and electronic publications; and (4) provide information based on scientific evidence, dispel misinformation, and promote transparency regarding-- (A) COVID-19 vaccination, which may include information regarding-- (i) the effects of COVID-19 vaccination on disease transmission and severity, and the associated health impacts for individuals, communities, or the Nation; (ii) the effects of COVID-19 vaccination on the economic health of communities or the Nation; (iii) the current or upcoming availability of COVID-19 vaccination with no cost-sharing for most United States residents; (iv) locations where COVID-19 vaccinations are or will be available; (v) any relevant information regarding vaccination allocation or populations that are prioritized for vaccination in the region; and (vi) any other information regarding COVID- 19 vaccination, as the Secretary determines appropriate; (B) COVID-19 testing, which may include information regarding-- (i) the effects of COVID-19 testing on disease transmission; (ii) the availability of COVID-19 testing with no cost-sharing for most United States residents; and (iii) locations where COVID-19 testing is available in the region; (C) the actions that individuals may take to protect themselves from COVID-19, which may include masking and social distancing; or (D) any other topics related to COVID-19, as the Secretary determines appropriate. (c) Coordination.--The public awareness campaigns under this section shall be complementary to, and coordinated with, any other Federal, State, Tribal, and local efforts, including the grant program described in section 3, as appropriate. (d) Report to Congress.--Not later than 45 days after the date on which amounts are made available to the Secretary under this section, the Secretary shall submit to Congress a report on how such funds have been used during such 45-day period and a plan for using any remaining funds within the next 45 days. (e) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $50,000,000 for fiscal year 2021. SEC. 3. GRANT PROGRAM FOR PUBLIC AWARENESS CAMPAIGNS TO ADDRESS COVID- 19-RELATED HEALTH DISPARITIES AND PROMOTE VACCINATION. (a) In General.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention and in coordination with the White House COVID-19 Health Equity Task Force, the Office of Minority Health of the Department of Health and Human Services, the Surgeon General, the National Vaccine Program Office, and, as appropriate, in coordination with the relevant Offices of Minority Health in the Department of Health and Human Services, the National Institute on Minority Health and Health Disparities, the Indian Health Service, and other relevant Federal offices and agencies, shall award competitive grants to State, Tribal, and territorial health departments to support public awareness campaigns about COVID-19 directed at racial and ethnic minority, rural, and other vulnerable populations that have experienced health disparities during the COVID-19 public health emergency related to rates of vaccination, testing, infection, hospitalization, and death. (b) Eligible Local Entities.--Recipients of grants under this section may disseminate the grant funding to eligible local entities, which may include local health departments, nonprofit community-based organizations, Tribal organizations, urban Indian organizations, health care providers, institutions of higher education, and nonprofit faith- based organizations, to develop and implement the public awareness campaigns described in subsection (a). (c) Prototypes.--The Secretary shall develop prototype campaign materials and make such materials available on the internet website of the Department of Health and Human Services for grant recipients and eligible local entities to adapt as needed to meet the needs of local communities. (d) Requirements.--The public awareness campaigns under this section shall-- (1) prioritize communities where the greatest health disparities have been identified with respect to rates of vaccination, testing, infection, hospitalization, and death related to COVID-19, with a focus on disparities affecting racial and ethnic minority, rural, and other vulnerable populations; (2) be accessible, culturally competent, and, as appropriate, multilingual; (3) use print, radio, or internet media, including partnerships with social media influencers and thought leaders, or other forms of public communication, including local, independent, or community-based written news and electronic publications; and (4) provide information based on scientific evidence, dispel misinformation, and promote transparency regarding-- (A) COVID-19 vaccination, which may include information regarding-- (i) the effects of COVID-19 vaccination on disease transmission and severity, and the associated health impacts for individuals, communities, or the Nation; (ii) the effects of COVID-19 vaccination on the economic health of communities or the Nation; (iii) the current or upcoming availability of COVID-19 vaccination with no cost-sharing for most United States residents; (iv) locations where COVID-19 vaccinations are or will be available; (v) any relevant information regarding vaccination allocation or populations that are prioritized for vaccination in the region; and (vi) any other information regarding COVID- 19 vaccination, as the Secretary determines appropriate; (B) COVID-19 testing, which may include information regarding-- (i) the effects of COVID-19 testing on disease transmission; (ii) the availability of COVID-19 testing with no cost-sharing for most United States residents; and (iii) locations where COVID-19 testing is available in the region; (C) the actions that individuals may take to protect themselves from COVID-19, which may include masking and social distancing; or (D) any other topics related to COVID-19, as the Secretary determines appropriate. (e) Coordination.--The public health campaigns supported by grants awarded under this section shall be complementary to, and coordinated with, any other Federal, State, or local efforts, including the public awareness campaigns described in section 2, as appropriate. (f) Timing.--The Secretary shall award the grants under this section not later than 60 days after the date of enactment of this Act. (g) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $50,000,000 for fiscal year 2021 and $25,000,000 for fiscal year 2022. SEC. 4. DEFINITIONS. In this Act-- (1) the term ``COVID-19 public health emergency'' means the public health emergency first declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d) on January 31, 2020, with respect to COVID-19; (2) the term ``racial and ethnic minority'' has the meaning given the term ``racial and ethnic minority group'' in section 1707(g) of the Public Health Service Act (42 U.S.C. 300u-6(g)); (3) the term ``relevant Offices of Minority Health in the Department of Health and Human Services'' may include-- (A) the Office of Extramural Research, Education, and Priority Populations of the Agency for Healthcare Research and Quality; (B) the Office of Minority Health and Health Equity of the Centers for Disease Control and Prevention; (C) the Office of Minority Health of the Centers for Medicare & Medicaid Services; (D) the Office of Minority Health and Health Equity of the Food and Drug Administration; (E) the Office of Health Equity of the Health Resources and Services Administration; and (F) the Office of Behavioral Health Equity of the Substance Abuse and Mental Health Services Administration; (4) the term ``Secretary'' means the Secretary of Health and Human Services; (5) the term ``Tribal organization'' has the meanings given the term ``tribal organization'' in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304); and (6) the term ``urban Indian organization'' has the meaning given the term in section 4 of the Indian Health Care Improvement Act (25 U.S.C. 1603). <all>

COVID–19 Health Disparities Action Act of 2021

A bill to establish and support public awareness campaigns to address COVID-19-related health disparities and promote vaccination.

COVID–19 Health Disparities Action Act of 2021

Sen. Menendez, Robert

D

NJ

S.2452

Taxation

Encouraging Americans to Save Act This bill sets forth provisions to provide matching payments for retirement savings and Individual Retirement Account (IRA) contributions for individuals who have attained the age of 18 years, excluding taxpayer dependents. Specifically, it allows an enhanced 50% tax credit, up to $2,000, for deductible retirement savings contributions and for IRA contributions. The bill also directs the Internal Revenue Service (IRS) to establish the R-Bond Program as a permanent program for the establishment and maintenance of individual retirement plans and directs the IRS to educate taxpayers on the benefits of the savings programs provided by this bill.

To amend the Internal Revenue Code of 1986 to provide matching payments for retirement savings contributions by certain individuals, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Encouraging Americans to Save Act''. SEC. 2. SAVER'S MATCHING CREDIT FOR ELECTIVE DEFERRAL AND IRA CONTRIBUTIONS BY CERTAIN INDIVIDUALS. (a) In General.--Subchapter B of chapter 65 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 6433. SAVER'S MATCHING CREDIT FOR ELECTIVE DEFERRAL AND IRA CONTRIBUTIONS BY CERTAIN INDIVIDUALS. ``(a) In General.-- ``(1) Allowance of credit.--Any eligible individual who makes qualified retirement savings contributions for the taxable year shall be allowed a credit for such taxable year in an amount equal to the applicable percentage of so much of the qualified retirement savings contributions made by such eligible individual for the taxable year as does not exceed $2,000. ``(2) Payment of credit.--The credit under this section shall be paid by the Secretary as a contribution (as soon as practicable after the eligible individual has filed a tax return for the taxable year) to the applicable retirement savings vehicle of an eligible individual. ``(b) Applicable Percentage.--For purposes of this section-- ``(1) In general.--Except as provided in paragraph (2), the applicable percentage is 50 percent. ``(2) Phaseout.--The percentage under paragraph (1) shall be reduced (but not below zero) by the number of percentage points which bears the same ratio to 50 percentage points as-- ``(A) the excess of-- ``(i) the taxpayer's modified adjusted gross income for such taxable year, over ``(ii) the applicable dollar amount, bears to ``(B) the phaseout range. If any reduction determined under this paragraph is not a whole percentage point, such reduction shall be rounded to the next lowest whole percentage point. ``(3) Applicable dollar amount; phaseout range.-- ``(A) Joint returns.--Except as provided in subparagraph (B)-- ``(i) the applicable dollar amount is $65,000, and ``(ii) the phaseout range is $20,000. ``(B) Other returns.--In the case of-- ``(i) a head of a household (as defined in section 2(b)), the applicable dollar amount and the phaseout range shall be \3/4\ of the amounts applicable under subparagraph (A) (as adjusted under subsection (g)), and ``(ii) any taxpayer who is not filing a joint return and who is not a head of a household (as so defined), the applicable dollar amount and the phaseout range shall be \1/2\ of the amounts applicable under subparagraph (A) (as so adjusted). ``(4) Exception; minimum credit.--In the case of an eligible individual with respect to whom (without regard to this paragraph) the credit determined under subsection (a)(1) is greater than zero but less than $100, the credit allowed under this section shall be $100. ``(c) Eligible Individual.--For purposes of this section-- ``(1) In general.--Except as provided in paragraph (2), the term `eligible individual' means any individual if such individual has attained the age of 18 as of the close of the taxable year. ``(2) Dependents not eligible.--The term `eligible individual' shall not include any individual with respect to whom a deduction under section 151 is allowed to another taxpayer for a taxable year beginning in the calendar year in which such individual's taxable year begins. ``(d) Qualified Retirement Savings Contributions.--For purposes of this section-- ``(1) In general.--The term `qualified retirement savings contributions' means, with respect to any taxable year, the sum of-- ``(A) the amount of the qualified retirement contributions (as defined in section 219(e)) made by the eligible individual, ``(B) the amount of-- ``(i) any elective deferrals (as defined in section 402(g)(3)) of such individual, and ``(ii) any elective deferral of compensation by such individual under an eligible deferred compensation plan (as defined in section 457(b)) of an eligible employer described in section 457(e)(1)(A), ``(C) the amount of voluntary employee contributions by such individual to any qualified retirement plan (as defined in section 4974(c)), and ``(D) the amount of contributions by such individual to a qualified ABLE program (as defined in section 529A(b)) for the benefit of the individual. Such term shall not include any amount attributable to a payment under subsection (a). ``(2) Reduction for certain distributions.-- ``(A) In general.--The qualified retirement savings contributions determined under paragraph (1) for a taxable year shall be reduced (but not below zero) by the aggregate distributions received by the individual during the testing period from any entity of a type to which contributions under paragraph (1) may be made. ``(B) Testing period.--For purposes of subparagraph (A), the testing period, with respect to a taxable year, is the period which includes-- ``(i) such taxable year, ``(ii) the 2 preceding taxable years, and ``(iii) the period beginning on the day after the last day of such taxable year and ending with the due date (including extensions) for filing the return of tax for such taxable year. ``(C) Excepted distributions.--There shall not be taken into account under subparagraph (A)-- ``(i) any distribution referred to in section 72(p), 401(k)(8), 401(m)(6), 402(g)(2), 404(k), or 408(d)(4), ``(ii) any distribution to which section 408(d)(3) or 408A(d)(3) applies, ``(iii) any distribution to which the rules described in the second sentence of section 529A(b)(2) apply, and ``(iv) any portion of a distribution if such portion is transferred or paid in a rollover contribution (as defined in section 402(c), 403(a)(4), 403(b)(8), 408A(e), or 457(e)(16)) to an account or plan to which qualified retirement savings contributions can be made. ``(D) Treatment of distributions received by spouse of individual.--For purposes of determining distributions received by an individual under subparagraph (A) for any taxable year, any distribution received by the spouse of such individual shall be treated as received by such individual if such individual and spouse file a joint return for such taxable year and for the taxable year during which the spouse receives the distribution. ``(e) Applicable Retirement Savings Vehicle.-- ``(1) In general.--The term `applicable retirement savings vehicle' means-- ``(A) an account or plan elected by the eligible individual under paragraph (2), ``(B) in the case of qualified retirement savings contributions described in subsection (d)(1)(D), the qualified ABLE program (as defined in section 529A(b)) to which such contributions were made, or ``(C) if no such election is made or the Secretary is not able to make a contribution into such account or plan, an account established for the benefit of the eligible individual under the R-Bond Program. For purposes of subparagraph (C), if no account has previously been established for the benefit of the individual under the R- Bond Program, the Secretary shall establish such an account for such individual for purposes of receiving contributions under this section. ``(2) Other retirement vehicles.--An eligible individual may elect, in such form and manner as the Secretary may provide, to have the amount of the credit determined under subsection (a) contributed to an account or plan which-- ``(A) is a Roth IRA or a designated Roth account (within the meaning of section 402A) of an applicable retirement plan (as defined in section 402A(e)(1)), ``(B) is for the benefit of the eligible individual, and ``(C) accepts contributions made under this section. In the case of a plan of which a qualified trust under section 401(a) is a part, an annuity contract described in section 403(b), or a plan described in section 457(b) which is established and maintained by an employer described in section 457(e)(1)(A), the plan shall have discretion whether to accept contributions made under this section, but if the plan accepts any such contributions it shall accept them on a uniform basis. ``(f) Other Definitions and Special Rules.-- ``(1) Modified adjusted gross income.--For purposes of this section, the term `modified adjusted gross income' means adjusted gross income-- ``(A) determined without regard to sections 911, 931, and 933, and ``(B) determined without regard to any exclusion or deduction allowed for any qualified retirement savings contribution made during the taxable year. ``(2) Treatment of contributions.--In the case of any contribution under subsection (a)(2)-- ``(A) except as otherwise provided in this section or by the Secretary under regulations, such contribution shall be treated as-- ``(i) an elective deferral made by the individual which is a designated Roth contribution, if contributed to an applicable retirement plan, or ``(ii) a Roth IRA contribution made by such individual, if contributed to a Roth IRA, ``(B) such contribution shall not be treated as income to the taxpayer, and ``(C) such contribution shall not be taken into account with respect to any applicable limitation under sections 402(g)(1), 403(b), 408(a)(1), 408(b)(2)(B), 408A(c)(2), 414(v)(2), 415(c), or 457(b)(2), and shall be disregarded for purposes of sections 401(a)(4), 401(k)(3), 401(k)(11)(B)(i)(III), 410(b), and 416. ``(3) Treatment of qualified plans, etc.--A plan or arrangement to which a contribution is made under this section shall not be treated as violating any requirement under section 401, 403, 408, or 457 solely by reason of accepting such contribution. ``(4) Erroneous credits.--If any contribution is erroneously paid under subsection (a)(2), the amount of such erroneous payment shall be treated as an underpayment of tax. ``(g) Inflation Adjustments.-- ``(1) In general.--In the case of any taxable year beginning in a calendar year after 2023, each of the dollar amounts in subsections (a)(1) and (b)(3)(A)(i) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2022' for `calendar year 2016' in subparagraph (A)(ii) thereof. ``(2) Rounding.--Any increase determined under paragraph (1) shall be rounded to the nearest multiple of-- ``(A) $100 in the case of an adjustment of the amount in subsection (a)(1), and ``(B) $1,000 in the case of an adjustment of the amount in subsection (b)(3)(A)(i).''. (b) Payment Authority.--Section 1324(b)(2) of title 31, United States Code, is amended by striking ``or 6431'' and inserting ``6431, or 6433''. (c) Deficiencies.--Section 6211(b)(4) is amended by striking ``and 6431'' and inserting ``6431, and 6433''. (d) Reporting.--The Secretary of Labor, the Secretary of the Treasury, and the Director of the Pension Benefit Guaranty Corporation shall-- (1) amend Form 5500 to require separate reporting of the aggregate amount of contributions received by the plan during the year under section 6433(a)(2) of the Internal Revenue Code of 1986 (as added by this section), and (2) amend Form 5498 to require similar reporting with respect to individual retirement plans (as defined in section 7701(a)(37) of such Code). (e) Conforming Amendments.-- (1) Section 25B of the Internal Revenue Code of 1986 is amended by striking subsections (a) through (f) and inserting the following: ``For payment of credit related to qualified retirement savings contributions, see section 6433.''. (2) The table of sections for subchapter B of chapter 65 of such Code is amended by adding at the end the following new item: ``Sec. 6433. Saver's matching credit for elective deferral and IRA contributions by certain individuals.''. (f) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2022. (g) Coronavirus Recovery Bonus Credit.-- (1) In general.--In the case of taxable years beginning after December 31, 2022, and before January 1, 2028, the amount of the credit determined under section 6433 of the Internal Revenue Code of 1986, as added by this section, shall be increased by an amount equal to 50 percent of so much of the qualified retirement savings contributions made by an eligible individual for the taxable year as does not exceed-- (A) $10,000, reduced by (B) the aggregate amount of qualified retirement savings contributions made by the eligible individual in all preceding taxable years which begin after December 31, 2022. (2) Phaseout.--The $10,000 amount under paragraph (1)(A) shall be reduced (but not below zero) by a percentage which bears the same ratio to 50 percent as-- (A) the excess of-- (i) the taxpayer's modified adjusted gross income for the taxable year, over (ii) the applicable dollar amount, bears to (B) the phaseout range. If any reduction determined under this paragraph is not a whole percentage point, such reduction shall be rounded to the next lowest whole percentage point. (3) Definitions.--For purposes of this subsection, the terms ``qualified retirement savings contributions'', ``eligible individual'', ``applicable dollar amount'', and ``phaseout range'' have the meanings given such terms by subsections (d), (c), and (b), respectively, of section 6433 of such Code, as so added. SEC. 3. ESTABLISHMENT OF R-BOND PROGRAM. (a) In General.--The Secretary of the Treasury shall, not later than January 31, 2023, establish a permanent program, to be known as the ``R-Bond Program'', which meets the requirements of this section to establish and maintain individual retirement plans on behalf of individuals. (b) Program Specifications.-- (1) In general.-- (A) IRAs.--The R-Bond Program established under this section shall-- (i) permit the establishment of individual retirement plans on behalf of an individual, whether a traditional IRA or a Roth IRA or both, as appropriate; (ii) require the assets of each individual retirement plan established under the program to be held by the designated IRA trustee; (iii) permit contributions to be made periodically to such individual retirement plans, including contributions paid under section 6433(a)(2) of the Internal Revenue Code of 1986, contributions made by direct deposit or other electronic means, including taxpayer- directed direct deposit of Federal income tax refunds by the Department of the Treasury, and by methods that provide access for the unbanked; (iv) permit distributions and rollovers from such individual retirement plans upon request of the account owner; (v) include procedures to consolidate multiple accounts established for the same individual in order that each individual, to the extent practicable, has only one Roth IRA and only one traditional IRA under the program; and (vi) ensure that such individual retirement plans are invested solely in retirement savings bonds issued by the Department of the Treasury for the purpose of the R-Bond Program. (B) Regulations, etc.--The Secretary of the Treasury shall have authority to promulgate such regulations, rules, and other guidance as are necessary to implement the R-Bond Program, and are consistent with this section, as well as coordination rules permitting individual retirement plans to be established under the R-Bond Program by taxpayer election on the return of tax, and in connection with and in support of programs established under State and local laws that enroll residents in individual retirement plans. (2) No fees.--No fees shall be assessed on participants in the R-Bond Program. (3) Limitations.-- (A) Contribution minimum.--The Secretary of the Treasury may establish minimum amounts for initial and additional contributions to an individual retirement plan under the R-Bond Program, not to exceed $5. (B) Limitation of rollover contributions and transfers.--No rollover contribution or transfer shall be accepted to an individual retirement plan under the R-Bond Program except to the extent necessary to consolidate accounts as provided in paragraph (1)(v). (4) Designated ira trustee.--For purposes of this section, the designated IRA trustee is the Department of the Treasury or such other person as the Secretary of the Treasury may designate to act as trustee of the individual retirement plans established under the R-Bond Program. (5) Disclosures.--The designated IRA trustee shall provide in writing, in paper form mailed to the last known address of the individual unless the individual affirmatively elects to receive electronic statements-- (A) annual account balance statements to individuals on behalf of whom individual retirement plans are established under the R-Bond Program, which shall include-- (i) an explanation that-- (I) program account balances are solely invested in retirement savings bonds issued by the Department of the Treasury for the purpose of the R-Bond Program; (II) diversified investment opportunities which are not guaranteed by the Federal government are available for individual retirement plans established by other providers; (III) no fees are charged under the R-Bond Program; and (IV) the individual has the right to roll over or transfer an account balance without penalty; (ii) an illustration of the potential impacts that higher yields may have on long- term accumulation; and (iii) information on the types of fees that other providers may charge for the establishment of individual retirement plans, and the impact of fees on long-term accumulation; and (B) if the account balance of the individual retirement plan exceeds $15,000 and the individual has not previously so affirmed, a request that the individual affirm (including instructions for making such affirmation) to the designated IRA trustee that the individual does not want to roll over such account balance to another plan (according to the rules relating to rollovers and transfers of individual retirement plans under the Internal Revenue Code of 1986). (c) Retirement Savings Bonds.--For purposes of this section-- (1) In general.--The term ``retirement savings bond'' means an interest-bearing electronic United States savings bond issued to the designated IRA trustee which is available only to participants in the R-Bond Program. (2) Interest rate.--Bonds issued under the R-Bond Program shall earn interest at a rate equal to the greater of (determined on the issue date of the bond)-- (A) the rate earned by the Government Securities Investment Fund established under section 8438(b)(1) of title 5, United States Code, or (B) the rate earned by a Series I United States savings bond. (3) Reissue in case of change in trustee.--If a successor designated IRA trustee is designated under subsection (b)(4), the retirement savings bonds issued to the predecessor designated IRA trustee shall be reissued to such successor. (d) Definitions.--For purposes of this section-- (1) Individual retirement plan.--The term ``individual retirement plan'' has the meaning given such term by section 7701(a)(37) of the Internal Revenue Code of 1986. (2) Traditional ira.--The term ``traditional IRA'' means an individual retirement plan which is not a Roth IRA. (3) Roth ira.--The term ``Roth IRA'' has the meaning given such term by section 408A(b) of such Code. (4) Secretary.--Any reference to the Secretary of the Treasury includes a reference to such Secretary's delegate. SEC. 4. PROMOTION AND GUIDANCE. (a) Promotion.--The Secretary of the Treasury (or the Secretary's delegate) shall educate taxpayers on the benefits provided under section 6433 of the Internal Revenue Code of 1986 and the R-Bond Program established under section 3 of this Act. (b) Notice.--Not later than 1 year after the date of the enactment of this Act-- (1) Plan administrators.--The Secretary of the Treasury (or the Secretary's delegate) and the Secretary of Labor, as appropriate, shall issue guidance to plan administrators regarding information on the benefits provided under section 6433 of the Internal Revenue Code of 1986 and the R-Bond Program established under section 3 of this Act for participants and beneficiaries which is to be required to be included in plan disclosures including summary plan descriptions, open enrollment materials, and annual notices otherwise provided by plans. Such guidance-- (A) shall include model notice language in both English and Spanish that is deemed to satisfy the notice requirement of the preceding sentence, and (B) in the case of annual enrollment materials for a plan, shall specify that such notice may be given at the same time as any elective deferral or matching contribution safe harbor notice would be required to be given (even if the plan does not incorporate such a safe harbor) and may be incorporated into such safe harbor notice. (2) Trustees and issuers of iras.--The Secretary of the Treasury (or the Secretary's delegate) and the Secretary of Labor, as appropriate, shall issue guidance to trustees and issuers of individual retirement plans regarding information on the benefits provided under section 6433 of the Internal Revenue Code of 1986 and the R-Bond Program established under section 3 of this Act for potentially eligible individuals which is to be required to be included in individual retirement plan disclosures. (3) Payment of credits.--Not later than 3 years after the date of the enactment of this Act, the Secretary of the Treasury (or the Secretary's delegate) shall promulgate guidance setting forth procedures that permit the direct payment of credits under section 6433 to an employer-sponsored plan in which the taxpayer is a participant and that elects to receive such credits, including rules regarding notice to taxpayers and a plan of a payment of such credit and notice from a plan to a taxpayer and the Secretary confirming receipt of a payment. SEC. 5. DEADLINE TO FUND IRA WITH TAX REFUND. (a) In General.--Paragraph (3) of section 219(f) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``is made not later than'' and inserting ``is made-- ``(i) not later than'', (2) by striking the period at the end and inserting ``, or'', and (3) by adding at the end the following new clause: ``(ii) by direct deposit by the Secretary pursuant to an election on the return for such taxable year to contribute all or a portion of any amount owed to the taxpayer to an individual retirement plan of the taxpayer, but only if the return is filed not later than the date described in clause (i).''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2021. <all>

Encouraging Americans to Save Act

A bill to amend the Internal Revenue Code of 1986 to provide matching payments for retirement savings contributions by certain individuals, and for other purposes.

Encouraging Americans to Save Act

Sen. Wyden, Ron

D

OR

H.R.8791

Health

Medicare Enrollment Protection Act of 2022 This bill provides for a special enrollment period for Medicare medical benefits for individuals who are enrolled in COBRA continuation coverage at the time they qualify for Medicare. The special enrollment period applies during each month of COBRA coverage and the three-month period after coverage ends; individuals may enroll during the special enrollment period once during their lifetime.

To amend part B of title XVIII of the Social Security Act to provide for a special enrollment period under Medicare for individuals enrolled in COBRA continuation coverage, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Enrollment Protection Act of 2022''. SEC. 2. TREATMENT UNDER MEDICARE OF INDIVIDUALS TRANSITIONING FROM COBRA CONTINUATION COVERAGE. (a) Special Enrollment Period for Individuals Enrolled in COBRA Continuation Coverage.--Section 1837(i) of the Social Security Act (42 U.S.C. 1395p(i)) is amended by adding at the end the following new paragraph: ``(5)(A) In the case of an individual who-- ``(i) at the time the individual first satisfies paragraph (1) or (2) of section 1836(a), is enrolled in COBRA continuation coverage (as defined in subparagraph (D)); or ``(ii) is enrolled in COBRA continuation coverage and immediately prior to such enrollment was an individual described in paragraph (1) or (2) of this subsection, there shall be a special enrollment period described in subparagraph (B). ``(B) The special enrollment period referred to in subparagraph (A) is the period that includes-- ``(i) each month during any part of which the individual is enrolled in COBRA continuation coverage; and ``(ii) the 3-month period beginning with the first month following the last month during any part of which such individual is so enrolled. ``(C) An individual may only enroll during the special enrollment period provided under subparagraph (A) one time during the individual's lifetime. ``(D) For purposes of this paragraph, the term `COBRA continuation coverage' means continuation coverage beginning on or after January 1, 2023-- ``(i) under a COBRA continuation provision (as defined in section 2791(d)(4) of the Public Health Service Act); ``(ii) pursuant to section 8905a of title 5, United States Code; or ``(iii) under a similar State law that provides comparable continuation of group health plan coverage.''. (b) Coverage Period for Certain Eligible Individuals.--Section 1838(e) of the Social Security Act (42 U.S.C. 1395q(e)) is amended-- (1) by striking ``pursuant to section 1837(i)(3) or 1837(i)(4)(B)'' and inserting the following: ``pursuant to-- ``(1) section 1837(i)(3) or 1837(i)(4)(B)--''; (2) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and moving the indentation of each such subparagraph 2 ems to the right; (3) by striking the period at the end of subparagraph (B), as so redesignated, and inserting ``; or''; and (4) by adding at the end the following new paragraph: ``(2) section 1837(i)(5), the coverage period shall begin on the first day of the month following the month in which the individual so enrolls.''. (c) No Increase in Premium.--Section 1839(b) of such Act (42 U.S.C. 1395r(b)) is amended-- (1) in the first sentence, by inserting ``, (i)(5)'' after ``subsection (i)(4)''; (2) in the second sentence, by inserting before the period at the end the following: ``or months for which the individual can demonstrate that the individual was enrolled in COBRA continuation coverage (as such term is defined in section 1837(i)(5)(D))''. (d) Coordination of Benefits.-- (1) ERISA.--Section 607 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1167)) is amended by adding at the end the following new paragraph: ``(6) Coordination of benefits.--Notwithstanding any other provision of law, in the case that an individual is enrolled in COBRA continuation coverage (as defined in section 1837(i)(5)(D) of the Social Security Act) and the individual is eligible for but not enrolled in coverage under part B of title XVIII of the Social Security Act, such COBRA continuation coverage shall not reduce or terminate benefits under such COBRA continuation coverage with respect to the individual on the basis that the individual is eligible for coverage under such part B or otherwise take into account such eligibility. Such benefits under such COBRA continuation coverage shall be provided to such an individual as if such individual were not so eligible for coverage under such part B. Nothing in the preceding two sentences shall require the provision of such COBRA continuation coverage to an individual enrolled in coverage under such part B or prohibit the termination of such continuation coverage or reduction of benefits under such continuation coverage in the case of an individual who enrolls under such part B.''. (2) PHSA.--Section 2208 of the Public Health Service Act (42 U.S.C. 300bb-8) is amended-- (A) by striking ``definitions'' and inserting ``definitions and special rules''; and (B) by adding at the end the following new paragraph: ``(5) Special rule for coordination of benefits.-- Notwithstanding any other provision of law, in the case that an individual is enrolled in COBRA continuation coverage (as defined in section 1837(i)(5)(D) of the Social Security Act) and the individual is eligible for but not enrolled in coverage under part B of title XVIII of the Social Security Act, such COBRA continuation coverage shall not reduce or terminate benefits under such COBRA continuation coverage with respect to the individual on the basis that the individual is eligible for coverage under such part B or otherwise take into account such eligibility. Such benefits under such COBRA continuation coverage shall be provided to such an individual as if such individual were not so eligible for coverage under such part B. Nothing in the preceding two sentences shall require the provision of such COBRA continuation coverage to an individual enrolled in coverage under such part B or prohibit the termination of such continuation coverage or reduction of benefits under such continuation coverage in the case of an individual who enrolls under such part B.''. (3) IRC.--Section 4980B(g) of the Internal Revenue Code of 1986 is amended-- (A) by striking ``Definitions'' and inserting ``Definitions and Special Rules''; and (B) by adding at the end the following new paragraph: ``(5) Special rule for coordination of benefits.-- Notwithstanding any other provision of law, in the case that an individual is enrolled in COBRA continuation coverage (as defined in section 1837(i)(5)(D) of the Social Security Act) and the individual is eligible for but not enrolled in coverage under part B of title XVIII of the Social Security Act, such COBRA continuation coverage shall not reduce or terminate benefits under such COBRA continuation coverage with respect to the individual on the basis that the individual is eligible for coverage under such part B or otherwise take into account such eligibility. Such benefits under such COBRA continuation coverage shall be provided to such an individual as if such individual were not so eligible for coverage under such part B. Nothing in the preceding two sentences shall require the provision of such COBRA continuation coverage to an individual enrolled in coverage under such part B or prohibit the termination of such continuation coverage or reduction of benefits under such continuation coverage in the case of an individual who enrolls under such part B.''. (e) Updating COBRA Continuation Coverage Notifications.--Not later than January 1, 2023, the Secretary of Labor, in consultation with the Secretary of Health and Human Services, shall update the written notices required under section 606 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1166) to include an explanation of the full scope of the Medicare secondary payer rules under section 1862(b) of the Social Security Act (42 U.S.C. 1395y(b)), including how such rules apply with respect to COBRA continuation coverage (as defined in section 1837(i)(5)(D) of the Social Security Act (42 U.S.C. 1395p(i)(5)(D))). <all>

Medicare Enrollment Protection Act of 2022

To amend part B of title XVIII of the Social Security Act to provide for a special enrollment period under Medicare for individuals enrolled in COBRA continuation coverage, and for other purposes.

Medicare Enrollment Protection Act of 2022

Rep. Schrader, Kurt

D

OR

H.R.5177

Agriculture and Food

Schools Preventing Hunger in At-Risk Kids Act or the SPARK Act This bill expands automatic eligibility for free school lunches and breakfasts to include children who have been placed in kinship care with a relative or family friend with the involvement of the state child welfare agency. To enroll in the program, a family must document the child's status to the appropriate local educational agency.

To amend the Richard B. Russell National School Lunch Act to provide categorical eligibility for free lunch and breakfast for certain children in kinship care, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Schools Preventing Hunger in At-Risk Kids Act'' or the ``SPARK Act''. SEC. 2. SCHOOL MEALS FOR FOSTER CHILDREN IN KINSHIP CARE. Section 9 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758)-- (1) in subsection (b)-- (A) paragraph (5)(E)-- (i) in clause (i), by striking ``or'' at the end; (ii) in clause (ii), by striking the period at the end and inserting ``; or''; and (iii) by adding at the end the following: ``(iii) a child whose placement with a relative or family friend was carried out with the involvement of an agency that administers a State plan under part B or E of title IV of the Social Security Act (42 U.S.C. 621 et seq.), regardless of whether such agency is responsible for the care and placement of such child.''; and (B) in paragraph (12)(A)(vii)-- (i) in subclause (I), by striking ``or'' at the end; (ii) in subclause (II), by striking the period and inserting ``; or''; and (iii) by adding at the end the following: ``(III) a child whose placement with a relative or family friend was carried out with the involvement of an agency that administers a State plan under part B or E of title IV of the Social Security Act (42 U.S.C. 621 et seq.), regardless of whether such agency is responsible for the care and placement of such child.''; and (2) in subsection (d)(2)(F)-- (A) in clause (i), by striking ``or'' at the end; and (B) by adding at the end the following: ``(iii) documentation has been provided to the appropriate local educational agency showing the status of the child as a child whose placement with a relative or family friend was carried out with the involvement of an agency that administers a State plan under part B or E of title IV of the Social Security Act (42 U.S.C. 621 et seq.), regardless of whether such agency is responsible for the care and placement of such child; or''. <all>

SPARK Act

To amend the Richard B. Russell National School Lunch Act to provide categorical eligibility for free lunch and breakfast for certain children in kinship care, and for other purposes.

SPARK Act Schools Preventing Hunger in At-Risk Kids Act

Rep. Wild, Susan

D

PA

H.R.7229

Taxation

Renewing Investment in American Workers and Supply Chains Act This bill classifies nonresidential real property and residential rental property as 20-year property for depreciation purposes.

To amend the Internal Revenue Code of 1986 to modify the depreciation of nonresidential real property and residential rental property. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Renewing Investment in American Workers and Supply Chains Act''. SEC. 2. MODIFICATION OF DEPRECIATION OF NONRESIDENTIAL REAL PROPERTY AND RESIDENTIAL RENTAL PROPERTY. (a) 20-Year Recovery Period.-- (1) In general.--Section 168(e)(3)(F) of the Internal Revenue Code of 1986 is amended to read as follows: ``(F) 20-year property.--The term `20-year property' means-- ``(i) initial clearing and grading land improvements with respect to any electric utility transmission and distribution plant, ``(ii) any nonresidential real property, and ``(iii) any residential rental property.''. (2) Bonus depreciation not applicable.--Section 168(k)(2)(A)(i)(I) of such Code is amended by inserting ``(other than nonresidential real property and residential rental property)'' before the comma at the end. (3) Conforming amendment.--The table contained in section 168(c) of such Code is amended-- (A) by striking the row relating to residential rental property, and (B) by striking the row relating to nonresidential real property. (b) Adjustment of Deduction To Provide Neutral Cost Recovery.-- Section 168 of such Code is amended by adding at the end the following new subsection: ``(n) Neutral Cost Recovery for Nonresidential Real Property and Residential Rental Property.-- ``(1) In general.--The deduction otherwise provided under section 167(a) with respect to nonresidential real property and residential rental property for any taxable year shall be equal to the product of such amount (determined without regard to this subsection) multiplied by the applicable neutral cost recovery ratio with respect to such property for such taxable year. ``(2) Neutral cost recovery ratio.--For purposes of paragraph (1), the term `applicable neutral cost recovery ratio' means, with respect to any property for any taxable year, the product (not less than 1 and rounded to the nearest 0.001) of-- ``(A) the quotient of-- ``(i) the gross domestic product deflator (as determined by the Bureau of Economic Analysis) for the calendar quarter ending in such taxable year which corresponds to the calendar quarter during which such property was placed in service by the taxpayer, divided by ``(ii) the gross domestic product deflator (as determined by the Bureau of Economic Analysis) for the calendar quarter during which such property was placed in service by the taxpayer, multiplied by ``(B) 1.03 to the nth power, where `n' is the number of full years in the period beginning on the 1st day of the calendar quarter during which such property was placed in service by the taxpayer and ending on the day before the beginning of the corresponding calendar quarter ending during such taxable year. ``(3) Application to property placed in service before date of enactment.--In the case of nonresidential real property or residential rental property which is placed in service before the date of enactment of this subsection, subparagraphs (A)(i), (A)(ii), and (B) of paragraph (2) shall each be applied by substituting `calendar quarter which includes the date of enactment of this subsection' for `calendar quarter during which such property was placed in service by the taxpayer'. ``(4) Additional deduction not to affect basis or recapture.-- ``(A) In general.--The additional amount determined under this section by reason of this subsection shall not be taken into account in determining the adjusted basis of any applicable property or of any interest in a pass-thru entity which holds such property and shall not be treated as a deduction for depreciation for purposes of sections 1245 and 1250. ``(B) Pass-thru entity defined.--For purposes of subparagraph (A), the term `pass-thru entity' means-- ``(i) a regulated investment company, ``(ii) a real estate investment trust, ``(iii) an S corporation, ``(iv) a partnership, ``(v) an estate or trust, and ``(vi) a common trust fund.''. (c) Effective Dates.-- (1) 20-year recovery period.--The amendments made by subsection (a) shall apply to property placed in service after the date of the enactment of this Act, in taxable years ending after such date. (2) Neutral cost recovery.--The amendments made by subsection (b) shall apply to taxable years ending after the date of the enactment of this Act. <all>

Renewing Investment in American Workers and Supply Chains Act

To amend the Internal Revenue Code of 1986 to modify the depreciation of nonresidential real property and residential rental property.

Renewing Investment in American Workers and Supply Chains Act

Rep. Walorski, Jackie

R

IN

S.2599

Economics and Public Finance

Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2022 This bill provides FY2022 appropriations for the Department of Agriculture (USDA), the Food and Drug Administration, and related agencies. The bill provides appropriations to USDA for agricultural programs, including The bill also provides appropriations to USDA for farm production and conservation programs, including The bill provides appropriations to the Federal Crop Insurance Corporation Fund and the Commodity Credit Corporation Fund. For USDA rural development programs, the bill includes appropriations for The bill provides appropriations to the Food and Nutrition Service for The bill provides appropriations to the Foreign Agricultural Service for (1) Food for Peace Title II Grants, and (2) McGovern-Dole International Food for Education and Child Nutrition Program Grants. The bill also provides appropriations for (1) the Food and Drug Administration, and (2) the Farm Credit Administration. Additionally, the bill sets forth requirements and restrictions for using funds provided by this and other appropriations acts.

Making appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies for the fiscal year ending September 30, 2022, 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 Agriculture, Rural Development, Food and Drug Administration, and Related Agencies for the fiscal year ending September 30, 2022, and for other purposes, namely: TITLE I AGRICULTURAL PROGRAMS Processing, Research, and Marketing Office of the Secretary (including transfers of funds) For necessary expenses of the Office of the Secretary, $52,916,000, of which not to exceed $5,703,000 shall be available for the immediate Office of the Secretary; not to exceed $4,749,000 shall be available for the Office of Homeland Security; not to exceed $1,025,000 shall be available for the Office of Tribal Relations; not to exceed $6,044,000 shall be available for the Office of Partnerships and Public Engagement, of which $1,500,000 shall be for 7 U.S.C. 2279(c)(5); not to exceed $23,431,000 shall be available for the Office of the Assistant Secretary for Administration, of which $21,782,000 shall be available for Departmental Administration to provide for necessary expenses for management support services to offices of the Department and for general administration, security, repairs and alterations, and other miscellaneous supplies and expenses not otherwise provided for and necessary for the practical and efficient work of the Department: Provided, That funds made available by this Act to an agency in the Administration mission area for salaries and expenses are available to fund up to one administrative support staff for the Office; not to exceed $4,480,000 shall be available for the Office of Assistant Secretary for Congressional Relations and Intergovernmental Affairs to carry out the programs funded by this Act, including programs involving intergovernmental affairs and liaison within the executive branch; and not to exceed $7,484,000 shall be available for the Office of Communications: Provided further, That the Secretary of Agriculture is authorized to transfer funds appropriated for any office of the Office of the Secretary to any other office of the Office of the Secretary: Provided further, That no appropriation for any office shall be increased or decreased by more than 5 percent: Provided further, That not to exceed $22,000 of the amount made available under this paragraph for the immediate Office of the Secretary shall be available for official reception and representation expenses, not otherwise provided for, as determined by the Secretary: Provided further, That the amount made available under this heading for Departmental Administration shall be reimbursed from applicable appropriations in this Act for travel expenses incident to the holding of hearings as required by 5 U.S.C. 551-558: Provided further, That funds made available under this heading for the Office of the Assistant Secretary for Congressional Relations and Intergovernmental Affairs may be transferred to agencies of the Department of Agriculture funded by this Act to maintain personnel at the agency level: Provided further, That no funds made available under this heading for the Office of Assistant Secretary for Congressional Relations may be obligated after 30 days from the date of enactment of this Act, unless the Secretary has notified the Committees on Appropriations of both Houses of Congress on the allocation of these funds by USDA agency: Provided further, That during any 30 day notification period referenced in section 716 of this Act, the Secretary of Agriculture shall take no action to begin implementation of the action that is subject to section 716 of this Act or make any public announcement of such action in any form. Executive Operations office of the chief economist For necessary expenses of the Office of the Chief Economist, $25,499,000, of which $8,000,000 shall be for grants or cooperative agreements for policy research under 7 U.S.C. 3155: Provided, That of the amounts made available under this heading, $500,000 shall be available to carry out section 224 of subtitle A of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6924), as amended by section 12504 of Public Law 115-334. office of hearings and appeals For necessary expenses of the Office of Hearings and Appeals, $16,173,000. office of budget and program analysis For necessary expenses of the Office of Budget and Program Analysis, $12,310,000. Office of the Chief Information Officer For necessary expenses of the Office of the Chief Information Officer, $84,746,000, of which not less than $69,672,000 is for cybersecurity requirements of the department. Office of the Chief Financial Officer For necessary expenses of the Office of the Chief Financial Officer, $7,118,000. Office of the Assistant Secretary for Civil Rights For necessary expenses of the Office of the Assistant Secretary for Civil Rights, $1,426,000: Provided, That funds made available by this Act to an agency in the Civil Rights mission area for salaries and expenses are available to fund up to one administrative support staff for the Office. Office of Civil Rights For necessary expenses of the Office of Civil Rights, $29,328,000. Agriculture Buildings and Facilities (including transfers of funds) For payment of space rental and related costs pursuant to Public Law 92-313, including authorities pursuant to the 1984 delegation of authority from the Administrator of General Services to the Department of Agriculture under 40 U.S.C. 121, for programs and activities of the Department which are included in this Act, and for alterations and other actions needed for the Department and its agencies to consolidate unneeded space into configurations suitable for release to the Administrator of General Services, and for the operation, maintenance, improvement, and repair of Agriculture buildings and facilities, and for related costs, $313,443,000, to remain available until expended. Hazardous Materials Management (including transfers of funds) For necessary expenses of the Department of Agriculture, to comply with the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601 et seq.) and the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.), $6,545,000, to remain available until expended: Provided, That appropriations and funds available herein to the Department for Hazardous Materials Management may be transferred to any agency of the Department for its use in meeting all requirements pursuant to the above Acts on Federal and non-Federal lands. Office of Safety, Security, and Protection For necessary expenses of the Office of Safety, Security, and Protection, $23,306,000. Office of Inspector General For necessary expenses of the Office of Inspector General, including employment pursuant to the Inspector General Act of 1978 (Public Law 95-452; 5 U.S.C. App.), $106,309,000, including such sums as may be necessary for contracting and other arrangements with public agencies and private persons pursuant to section 6(a)(9) of the Inspector General Act of 1978 (Public Law 95-452; 5 U.S.C. App.), and including not to exceed $125,000 for certain confidential operational expenses, including the payment of informants, to be expended under the direction of the Inspector General pursuant to the Inspector General Act of 1978 (Public Law 95-452; 5 U.S.C. App.) and section 1337 of the Agriculture and Food Act of 1981 (Public Law 97-98). Office of the General Counsel For necessary expenses of the Office of the General Counsel, $60,723,000. Office of Ethics For necessary expenses of the Office of Ethics, $4,277,000. Office of the Under Secretary for Research, Education, and Economics For necessary expenses of the Office of the Under Secretary for Research, Education, and Economics, $1,327,000: Provided, That funds made available by this Act to an agency in the Research, Education, and Economics mission area for salaries and expenses are available to fund up to one administrative support staff for the Office. Economic Research Service For necessary expenses of the Economic Research Service, $90,794,000. National Agricultural Statistics Service For necessary expenses of the National Agricultural Statistics Service, $191,662,000, of which up to $46,850,000 shall be available until expended for the Census of Agriculture: Provided, That amounts made available for the Census of Agriculture may be used to conduct Current Agricultural Industrial Report surveys subject to 7 U.S.C. 2204g(d) and (f). Agricultural Research Service salaries and expenses For necessary expenses of the Agricultural Research Service and for acquisition of lands by donation, exchange, or purchase at a nominal cost not to exceed $100, and for land exchanges where the lands exchanged shall be of equal value or shall be equalized by a payment of money to the grantor which shall not exceed 25 percent of the total value of the land or interests transferred out of Federal ownership, $1,675,040,000: Provided, That appropriations hereunder shall be available for the operation and maintenance of aircraft and the purchase of not to exceed one for replacement only: Provided further, That appropriations hereunder shall be available pursuant to 7 U.S.C. 2250 for the construction, alteration, and repair of buildings and improvements, but unless otherwise provided, the cost of constructing any one building shall not exceed $500,000, except for headhouses or greenhouses which shall each be limited to $1,800,000, except for 10 buildings to be constructed or improved at a cost not to exceed $1,100,000 each, and except for four buildings to be constructed at a cost not to exceed $5,000,000 each, and the cost of altering any one building during the fiscal year shall not exceed 10 percent of the current replacement value of the building or $500,000, whichever is greater: Provided further, That appropriations hereunder shall be available for entering into lease agreements at any Agricultural Research Service location for the construction of a research facility by a non-Federal entity for use by the Agricultural Research Service and a condition of the lease shall be that any facility shall be owned, operated, and maintained by the non-Federal entity and shall be removed upon the expiration or termination of the lease agreement: Provided further, That the limitations on alterations contained in this Act shall not apply to modernization or replacement of existing facilities at Beltsville, Maryland: Provided further, That appropriations hereunder shall be available for granting easements at the Beltsville Agricultural Research Center: Provided further, That the foregoing limitations shall not apply to replacement of buildings needed to carry out the Act of April 24, 1948 (21 U.S.C. 113a): Provided further, That appropriations hereunder shall be available for granting easements at any Agricultural Research Service location for the construction of a research facility by a non-Federal entity for use by, and acceptable to, the Agricultural Research Service and a condition of the easements shall be that upon completion the facility shall be accepted by the Secretary, subject to the availability of funds herein, if the Secretary finds that acceptance of the facility is in the interest of the United States: Provided further, That funds may be received from any State, other political subdivision, organization, or individual for the purpose of establishing or operating any research facility or research project of the Agricultural Research Service, as authorized by law. buildings and facilities For the acquisition of land, construction, repair, improvement, extension, alteration, and purchase of fixed equipment or facilities as necessary to carry out the agricultural research programs of the Department of Agriculture, where not otherwise provided, $45,405,000 to remain available until expended. National Institute of Food and Agriculture research and education activities For payments to agricultural experiment stations, for cooperative forestry and other research, for facilities, and for other expenses, $1,057,420,000, which shall be for the purposes, and in the amounts, specified in the table titled ``National Institute of Food and Agriculture, Research and Education Activities'' in the report accompanying this Act: Provided, That funds for research grants for 1994 institutions, education grants for 1890 institutions, Hispanic serving institutions education grants, capacity building for non-land- grant colleges of agriculture, the agriculture and food research initiative, veterinary medicine loan repayment, multicultural scholars, graduate fellowship and institution challenge grants, and grants management systems shall remain available until expended: Provided further, That each institution eligible to receive funds under the Evans-Allen program receives no less than $1,000,000: Provided further, That funds for education grants for Alaska Native and Native Hawaiian-serving institutions be made available to individual eligible institutions or consortia of eligible institutions with funds awarded equally to each of the States of Alaska and Hawaii: Provided further, That funds for education grants for 1890 institutions shall be made available to institutions eligible to receive funds under 7 U.S.C. 3221 and 3222: Provided further, That not more than 5 percent of the amounts made available by this or any other Act to carry out the Agriculture and Food Research Initiative under 7 U.S.C. 3157 may be retained by the Secretary of Agriculture to pay administrative costs incurred by the Secretary in carrying out that authority. native american institutions endowment fund For the Native American Institutions Endowment Fund authorized by Public Law 103-382 (7 U.S.C. 301 note), $11,880,000, to remain available until expended. extension activities For payments to States, the District of Columbia, Puerto Rico, Guam, the Virgin Islands, Micronesia, the Northern Marianas, and American Samoa, $559,400,000, which shall be for the purposes, and in the amounts, specified in the table titled ``National Institute of Food and Agriculture, Extension Activities'' in the report accompanying this Act: Provided, That funds for facility improvements at 1890 institutions shall remain available until expended: Provided further, That institutions eligible to receive funds under 7 U.S.C. 3221 for cooperative extension receive no less than $1,000,000: Provided further, That funds for cooperative extension under sections 3(b) and (c) of the Smith-Lever Act (7 U.S.C. 343(b) and (c)) and section 208(c) of Public Law 93-471 shall be available for retirement and employees' compensation costs for extension agents. integrated activities For the integrated research, education, and extension grants programs, including necessary administrative expenses, $40,000,000, which shall be for the purposes, and in the amounts, specified in the table titled ``National Institute of Food and Agriculture, Integrated Activities'' in the report accompanying this Act: Provided, That funds for the Food and Agriculture Defense Initiative shall remain available until September 30, 2023: Provided further, That notwithstanding any other provision of law, indirect costs shall not be charged against any Extension Implementation Program Area grant awarded under the Crop Protection/Pest Management Program (7 U.S.C. 7626). Office of the Under Secretary for Marketing and Regulatory Programs For necessary expenses of the Office of the Under Secretary for Marketing and Regulatory Programs, $1,577,000: Provided, That funds made available by this Act to an agency in the Marketing and Regulatory Programs mission area for salaries and expenses are available to fund up to one administrative support staff for the Office. Animal and Plant Health Inspection Service salaries and expenses (including transfers of funds) For necessary expenses of the Animal and Plant Health Inspection Service, including up to $30,000 for representation allowances and for expenses pursuant to the Foreign Service Act of 1980 (22 U.S.C. 4085), $1,122,116,000 of which up to $3,474,000 shall be for the purposes, and in the amounts, specified for this account in the table titled ``Congressionally Directed Spending'' in the report to accompany this Act, in accordance with applicable statutory and regulatory requirements; of which $491,000, to remain available until expended, shall be available for the control of outbreaks of insects, plant diseases, animal diseases and for control of pest animals and birds (``contingency fund'') to the extent necessary to meet emergency conditions; of which $14,725,000, to remain available until expended, shall be used for the cotton pests program, including for cost share purposes or for debt retirement for active eradication zones; of which $38,486,000, to remain available until expended, shall be for Animal Health Technical Services; of which $2,340,000 shall be for activities under the authority of the Horse Protection Act of 1970, as amended (15 U.S.C. 1831); of which $63,833,000, to remain available until expended, shall be used to support avian health; of which $4,251,000, to remain available until expended, shall be for information technology infrastructure; of which $210,342,000, to remain available until expended, shall be for specialty crop pests, of which $8,500,000, to remain available until September 30, 2023, shall be for one-time control and management and associated activities directly related to the multiple-agency response to citrus greening; of which, $11,137,000, to remain available until expended, shall be for field crop and rangeland ecosystem pests; of which $19,782,000, to remain available until expended, shall be for zoonotic disease management; of which $38,380,000, to remain available until expended, shall be for emergency preparedness and response; of which $61,217,000, to remain available until expended, shall be for tree and wood pests; of which $6,751,000, to remain available until expended, shall be for the National Veterinary Stockpile; of which up to $1,500,000, to remain available until expended, shall be for the scrapie program for indemnities; of which $2,500,000, to remain available until expended, shall be for the wildlife damage management program for aviation safety: Provided, That any of the funds described in the ``Congressionally Directed Spending'' table that the Secretary determines will not be obligated during the fiscal year shall not be subject to the direction provided in such table: Provided further, That of amounts available under this heading for wildlife services methods development, $1,000,000 shall remain available until expended: Provided further, That of amounts available under this heading for the screwworm program, $4,990,000 shall remain available until expended; of which $24,307,000, to remain available until expended, shall be used to carry out the science program and transition activities for the National Bio and Agro-defense Facility located in Manhattan, Kansas: Provided further, That no funds shall be used to formulate or administer a brucellosis eradication program for the current fiscal year that does not require minimum matching by the States of at least 40 percent: Provided further, That this appropriation shall be available for the purchase, replacement, operation, and maintenance of aircraft: Provided further, That in addition, in emergencies which threaten any segment of the agricultural production industry of the United States, the Secretary may transfer from other appropriations or funds available to the agencies or corporations of the Department such sums as may be deemed necessary, to be available only in such emergencies for the arrest and eradication of contagious or infectious disease or pests of animals, poultry, or plants, and for expenses in accordance with sections 10411 and 10417 of the Animal Health Protection Act (7 U.S.C. 8310 and 8316) and sections 431 and 442 of the Plant Protection Act (7 U.S.C. 7751 and 7772), and any unexpended balances of funds transferred for such emergency purposes in the preceding fiscal year shall be merged with such transferred amounts: Provided further, That appropriations hereunder shall be available pursuant to law (7 U.S.C. 2250) for the repair and alteration of leased buildings and improvements, but unless otherwise provided the cost of altering any one building during the fiscal year shall not exceed 10 percent of the current replacement value of the building. In fiscal year 2022, the agency is authorized to collect fees to cover the total costs of providing technical assistance, goods, or services requested by States, other political subdivisions, domestic and international organizations, foreign governments, or individuals, provided that such fees are structured such that any entity's liability for such fees is reasonably based on the technical assistance, goods, or services provided to the entity by the agency, and such fees shall be reimbursed to this account, to remain available until expended, without further appropriation, for providing such assistance, goods, or services. buildings and facilities For plans, construction, repair, preventive maintenance, environmental support, improvement, extension, alteration, and purchase of fixed equipment or facilities, as authorized by 7 U.S.C. 2250, and acquisition of land as authorized by 7 U.S.C. 2268a, $3,175,000, to remain available until expended. Agricultural Marketing Service marketing services For necessary expenses of the Agricultural Marketing Service, $231,063,000, of which $7,000,000 shall be available for the purposes of section 12306 of Public Law 113-79: Provided, That of the amounts made available under this heading, $25,000,000, to remain available until expended, shall be to carry out section 12513 of Public Law 115- 334 and shall result in an equal distribution of funds between only the three regional innovation initiatives that were funded in fiscal year 2020: Provided further, That this appropriation shall be available pursuant to law (7 U.S.C. 2250) for the alteration and repair of buildings and improvements, but the cost of altering any one building during the fiscal year shall not exceed 10 percent of the current replacement value of the building. Fees may be collected for the cost of standardization activities, as established by regulation pursuant to law (31 U.S.C. 9701), except for the cost of activities relating to the development or maintenance of grain standards under the United States Grain Standards Act, 7 U.S.C. 71 et seq. limitation on administrative expenses Not to exceed $61,786,000 (from fees collected) shall be obligated during the current fiscal year for administrative expenses: Provided, That if crop size is understated and/or other uncontrollable events occur, the agency may exceed this limitation by up to 10 percent with notification to the Committees on Appropriations of both Houses of Congress. funds for strengthening markets, income, and supply (section 32) (including transfers of funds) Funds available under section 32 of the Act of August 24, 1935 (7 U.S.C. 612c), shall be used only for commodity program expenses as authorized therein, and other related operating expenses, except for: (1) transfers to the Department of Commerce as authorized by the Fish and Wildlife Act of 1956 (16 U.S.C. 742a et seq.); (2) transfers otherwise provided in this Act; and (3) not more than $20,705,000 for formulation and administration of marketing agreements and orders pursuant to the Agricultural Marketing Agreement Act of 1937 and the Agricultural Act of 1961 (Public Law 87-128). payments to states and possessions For payments to departments of agriculture, bureaus and departments of markets, and similar agencies for marketing activities under section 204(b) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1623(b)), $4,000,000. limitation on inspection and weighing services expenses Not to exceed $55,000,000 (from fees collected) shall be obligated during the current fiscal year for inspection and weighing services: Provided, That if grain export activities require additional supervision and oversight, or other uncontrollable factors occur, this limitation may be exceeded by up to 10 percent with notification to the Committees on Appropriations of both Houses of Congress. Office of the Under Secretary for Food Safety For necessary expenses of the Office of the Under Secretary for Food Safety, $1,327,000: Provided, That funds made available by this Act to an agency in the Food Safety mission area for salaries and expenses are available to fund up to one administrative support staff for the Office. Food Safety and Inspection Service For necessary expenses to carry out services authorized by the Federal Meat Inspection Act, the Poultry Products Inspection Act, and the Egg Products Inspection Act, including not to exceed $10,000 for representation allowances and for expenses pursuant to section 8 of the Act approved August 3, 1956 (7 U.S.C. 1766), $1,153,064,000; and in addition, $1,000,000 may be credited to this account from fees collected for the cost of laboratory accreditation as authorized by section 1327 of the Food, Agriculture, Conservation and Trade Act of 1990 (7 U.S.C. 138f): Provided, That funds provided for the Public Health Data Communication Infrastructure system shall remain available until expended: Provided further, That no fewer than 148 full-time equivalent positions shall be employed during fiscal year 2022 for purposes dedicated solely to inspections and enforcement related to the Humane Methods of Slaughter Act (7 U.S.C. 1901 et seq.): Provided further, That the Food Safety and Inspection Service shall continue implementation of section 11016 of Public Law 110-246 as further clarified by the amendments made in section 12106 of Public Law 113-79: Provided further, That this appropriation shall be available pursuant to law (7 U.S.C. 2250) for the alteration and repair of buildings and improvements, but the cost of altering any one building during the fiscal year shall not exceed 10 percent of the current replacement value of the building. TITLE II FARM PRODUCTION AND CONSERVATION PROGRAMS Office of the Under Secretary for Farm Production and Conservation For necessary expenses of the Office of the Under Secretary for Farm Production and Conservation, $1,687,000: Provided, That funds made available by this Act to an agency in the Farm Production and Conservation mission area for salaries and expenses are available to fund up to one administrative support staff for the Office. Farm Production and Conservation Business Center salaries and expenses (including transfers of funds) For necessary expenses of the Farm Production and Conservation Business Center, $238,177,000: Provided, That $60,228,000 of amounts appropriated for the current fiscal year pursuant to section 1241(a) of the Farm Security and Rural Investment Act of 1985 (16 U.S.C. 3841(a)) shall be transferred to and merged with this account. Farm Service Agency salaries and expenses (including transfers of funds) For necessary expenses of the Farm Service Agency, $1,178,324,000, of which not less than $15,000,000 shall be for the hiring of new employees to fill vacancies and anticipated vacancies at Farm Service Agency county offices and farm loan officers and shall be available until September 30, 2023: Provided, That not more than 50 percent of the funding made available under this heading for information technology related to farm program delivery may be obligated until the Secretary submits to the Committees on Appropriations of both Houses of Congress, and receives written or electronic notification of receipt from such Committees of, a plan for expenditure that (1) identifies for each project/investment over $25,000 (a) the functional and performance capabilities to be delivered and the mission benefits to be realized, (b) the estimated lifecycle cost for the entirety of the project/ investment, including estimates for development as well as maintenance and operations, and (c) key milestones to be met; (2) demonstrates that each project/investment is, (a) consistent with the Farm Service Agency Information Technology Roadmap, (b) being managed in accordance with applicable lifecycle management policies and guidance, and (c) subject to the applicable Department's capital planning and investment control requirements; and (3) has been reviewed by the Government Accountability Office and approved by the Committees on Appropriations of both Houses of Congress: Provided further, That the agency shall submit a report by the end of the fourth quarter of fiscal year 2022 to the Committees on Appropriations and the Government Accountability Office, that identifies for each project/investment that is operational (a) current performance against key indicators of customer satisfaction, (b) current performance of service level agreements or other technical metrics, (c) current performance against a pre- established cost baseline, (d) a detailed breakdown of current and planned spending on operational enhancements or upgrades, and (e) an assessment of whether the investment continues to meet business needs as intended as well as alternatives to the investment: Provided further, That the Secretary is authorized to use the services, facilities, and authorities (but not the funds) of the Commodity Credit Corporation to make program payments for all programs administered by the Agency: Provided further, That other funds made available to the Agency for authorized activities may be advanced to and merged with this account: Provided further, That funds made available to county committees shall remain available until expended: Provided further, That none of the funds available to the Farm Service Agency shall be used to close Farm Service Agency county offices: Provided further, That none of the funds available to the Farm Service Agency shall be used to permanently relocate county based employees that would result in an office with two or fewer employees without prior notification and approval of the Committees on Appropriations of both Houses of Congress. state mediation grants For grants pursuant to section 502(b) of the Agricultural Credit Act of 1987, as amended (7 U.S.C. 5101-5106), $7,000,000. grassroots source water protection program For necessary expenses to carry out wellhead or groundwater protection activities under section 1240O of the Food Security Act of 1985 (16 U.S.C. 3839bb-2), $6,500,000, to remain available until expended. dairy indemnity program (including transfer of funds) For necessary expenses involved in making indemnity payments to dairy farmers and manufacturers of dairy products under a dairy indemnity program, such sums as may be necessary, to remain available until expended: Provided, That such program is carried out by the Secretary in the same manner as the dairy indemnity program described in the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2001 (Public Law 106-387, 114 Stat. 1549A-12). geographically disadvantaged farmers and ranchers For necessary expenses to carry out direct reimbursement payments to geographically disadvantaged farmers and ranchers under section 1621 of the Food Conservation, and Energy Act of 2008 (7 U.S.C. 8792), $3,000,000, to remain available until expended. agricultural credit insurance fund program account (including transfers of funds) For gross obligations for the principal amount of direct and guaranteed farm ownership (7 U.S.C. 1922 et seq.) and operating (7 U.S.C. 1941 et seq.) loans, emergency loans (7 U.S.C. 1961 et seq.), Indian tribe land acquisition loans (25 U.S.C. 5136), boll weevil loans (7 U.S.C. 1989), guaranteed conservation loans (7 U.S.C. 1924 et seq.), relending program (7 U.S.C. 1936c), and Indian highly fractionated land loans (25 U.S.C. 5136) to be available from funds in the Agricultural Credit Insurance Fund, as follows: $3,500,000,000 for guaranteed farm ownership loans and $2,800,000,000 for farm ownership direct loans; $2,118,482,000 for unsubsidized guaranteed operating loans and $1,633,333,000 for direct operating loans; emergency loans, $37,668,000; Indian tribe land acquisition loans, $20,000,000; guaranteed conservation loans, $150,000,000; relending program, $61,425,000; Indian highly fractionated land loans, $5,000,000; and for boll weevil eradication program loans, $60,000,000: Provided, That the Secretary shall deem the pink bollworm to be a boll weevil for the purpose of boll weevil eradication program loans. For the cost of direct and guaranteed loans and grants, including the cost of modifying loans as defined in section 502 of the Congressional Budget Act of 1974, as follows: $40,017,000 for direct farm operating loans, $16,524,000 for unsubsidized guaranteed farm operating loans, $267,000 for emergency loans, $5,000,000 for the relending program, and $407,000 for Indian highly fractionated land loans, to remain available until expended. In addition, for administrative expenses necessary to carry out the direct and guaranteed loan programs, $314,772,000: Provided, That of this amount, $294,114,000 shall be transferred to and merged with the appropriation for ``Farm Service Agency, Salaries and Expenses''. Funds appropriated by this Act to the Agricultural Credit Insurance Program Account for farm ownership, operating and conservation direct loans and guaranteed loans may be transferred among these programs: Provided, That the Committees on Appropriations of both Houses of Congress are notified at least 15 days in advance of any transfer. Risk Management Agency salaries and expenses For necessary expenses of the Risk Management Agency, $67,700,000: Provided, That $1,000,000 of the amount appropriated under this heading in this Act shall be available for compliance and integrity activities required under section 516(b)(2)(C) of the Federal Crop Insurance Act of 1938 (7 U.S.C. 1516(b)(2)(C)), and shall be in addition to amounts otherwise provided for such purpose: Provided further, That not to exceed $1,000 shall be available for official reception and representation expenses, as authorized by 7 U.S.C. 1506(i). Natural Resources Conservation Service conservation operations For necessary expenses for carrying out the provisions of the Act of April 27, 1935 (16 U.S.C. 590a-f), including preparation of conservation plans and establishment of measures to conserve soil and water (including farm irrigation and land drainage and such special measures for soil and water management as may be necessary to prevent floods and the siltation of reservoirs and to control agricultural related pollutants); operation of conservation plant materials centers; classification and mapping of soil; dissemination of information; acquisition of lands, water, and interests therein for use in the plant materials program by donation, exchange, or purchase at a nominal cost not to exceed $100 pursuant to the Act of August 3, 1956 (7 U.S.C. 2268a); purchase and erection or alteration or improvement of permanent and temporary buildings; and operation and maintenance of aircraft, $937,964,000, to remain available until September 30, 2023, of which up to $19,611,000 shall be for the purposes, and in the amounts, specified for this account in the table titled ``Congressionally Directed Spending'' in the report to accompany this Act, in accordance with applicable statutory and regulatory requirements: Provided, That any of the funds described in the ``Congressionally Directed Spending'' table that the Secretary determines will not be obligated during the fiscal year shall not be subject to the direction provided in such table: Provided further, That appropriations hereunder shall be available pursuant to 7 U.S.C. 2250 for construction and improvement of buildings and public improvements at plant materials centers, except that the cost of alterations and improvements to other buildings and other public improvements shall not exceed $250,000: Provided further, That when buildings or other structures are erected on non-Federal land, that the right to use such land is obtained as provided in 7 U.S.C. 2250a: Provided further, That of the total amount available under this heading, $8,000,000 shall be for necessary expenses to carry out the Urban Agriculture and Innovative Production Program under section 222 of subtitle A of title II of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6923), as amended by section 12302 of Public Law 115-334: Provided further, That of the amounts made available under this heading, $15,000,000, to remain available until expended, may be provided, pursuant to section 3709(b) of title 16, United States Code, to the National Fish and Wildlife Foundation to establish a Working Land Resilience Program to collaborate with the Natural Resources Conservation Service to offer technical and financial assistance to farmers, ranchers, and non-industrial private forestland owners who will adopt voluntary practices that will restore and increase the resiliency of natural ecosystems to protect rural communities from future adverse weather events: Provided further, That projects funded pursuant to the preceding proviso will meet Natural Resources Conservation Service requirements for planning and practice implementation: Provided further, That funds for such projects shall be matched on at least a one-for-one basis by the Foundation or its sub-recipients: Provided further, That the Foundation may transfer Federal funds to a non-Federal recipient for such projects at the proportionate rate that the recipient obtains the non-Federal matching funds. watershed and flood prevention operations For necessary expenses to carry out preventive measures, including but not limited to surveys and investigations, engineering operations, works of improvement, and changes in use of land, in accordance with the Watershed Protection and Flood Prevention Act (16 U.S.C. 1001-1005 and 1007-1009) and in accordance with the provisions of laws relating to the activities of the Department, $198,275,000, to remain available until expended; of which up to $23,275,000 shall be for the purposes, and in the amounts, specified for this account in the table titled ``Congressionally Directed Spending'' in the report to accompany this Act, in accordance with applicable statutory and regulatory requirements: Provided, That for funds provided by this Act or any other prior Act, the limitation regarding the size of the watershed or subwatershed exceeding two hundred and fifty thousand acres in which such activities can be undertaken shall only apply for activities undertaken for the primary purpose of flood prevention (including structural and land treatment measures): Provided further, That of the amounts made available under this heading, $10,000,000 shall be allocated to projects and activities that can commence promptly following enactment; that address regional priorities for flood prevention, agricultural water management, inefficient irrigation systems, fish and wildlife habitat, or watershed protection; or that address authorized ongoing projects under the authorities of section 13 of the Flood Control Act of December 22, 1944 (Public Law 78-534) with a primary purpose of watershed protection by preventing floodwater damage and stabilizing stream channels, tributaries, and banks to reduce erosion and sediment transport: Provided further, That of the amounts made available under this heading, $10,000,000 shall remain available until expended for the authorities under 16 U.S.C. 1001-1005 and 1007-1009 for authorized ongoing watershed projects with a primary purpose of providing water to rural communities. watershed rehabilitation program Under the authorities of section 14 of the Watershed Protection and Flood Prevention Act, $10,000,000 is provided. CORPORATIONS The following corporations and agencies are hereby authorized to make expenditures, within the limits of funds and borrowing authority available to each such corporation or agency and in accord with law, and to make contracts and commitments without regard to fiscal year limitations as provided by section 104 of the Government Corporation Control Act as may be necessary in carrying out the programs set forth in the budget for the current fiscal year for such corporation or agency, except as hereinafter provided. Federal Crop Insurance Corporation Fund For payments as authorized by section 516 of the Federal Crop Insurance Act (7 U.S.C. 1516), such sums as may be necessary, to remain available until expended. Commodity Credit Corporation Fund reimbursement for net realized losses (including transfers of funds) For the current fiscal year, such sums as may be necessary to reimburse the Commodity Credit Corporation for net realized losses sustained, but not previously reimbursed, pursuant to section 2 of the Act of August 17, 1961 (15 U.S.C. 713a-11): Provided, That of the funds available to the Commodity Credit Corporation under section 11 of the Commodity Credit Corporation Charter Act (15 U.S.C. 714i) for the conduct of its business with the Foreign Agricultural Service, up to $5,000,000 may be transferred to and used by the Foreign Agricultural Service for information resource management activities of the Foreign Agricultural Service that are not related to Commodity Credit Corporation business. hazardous waste management (limitation on expenses) For the current fiscal year, the Commodity Credit Corporation shall not expend more than $15,000,000 for site investigation and cleanup expenses, and operations and maintenance expenses to comply with the requirement of section 107(g) of the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9607(g)), and section 6001 of the Solid Waste Disposal Act (42 U.S.C. 6961). TITLE III RURAL DEVELOPMENT PROGRAMS Office of the Under Secretary for Rural Development For necessary expenses of the Office of the Under Secretary for Rural Development, $1,580,000: Provided, That funds made available by this Act to an agency in the Rural Development mission area for salaries and expenses are available to fund up to one administrative support staff for the Office. Rural Development salaries and expenses (including transfers of funds) For necessary expenses for carrying out the administration and implementation of Rural Development programs, including activities with institutions concerning the development and operation of agricultural cooperatives; and for cooperative agreements; $363,922,000: Provided, That of the amount made available under this heading, $32,000,000 shall be for the StrikeForce activities of the Department of Agriculture, and may be transferred to agencies of the Department for such purpose, consistent with the missions and authorities of such agencies: Provided further, That notwithstanding any other provision of law, funds appropriated under this heading may be used for advertising and promotional activities that support Rural Development programs: Provided further, That in addition to any other funds appropriated for purposes authorized by section 502(i) of the Housing Act of 1949 (42 U.S.C. 1472(i)), any amounts collected under such section, as amended by this Act, will immediately be credited to this account and will remain available until expended for such purposes. Rural Housing Service rural housing insurance fund program account (including transfers of funds) For gross obligations for the principal amount of direct and guaranteed loans as authorized by title V of the Housing Act of 1949, to be available from funds in the rural housing insurance fund, as follows: $1,250,000,000 shall be for direct loans and $30,000,000,000 shall be for unsubsidized guaranteed loans; $28,000,000 for section 504 housing repair loans; $92,000,000 for section 515 rental housing; $250,000,000 for section 538 guaranteed multi-family housing loans; $10,000,000 for credit sales of single family housing acquired property; $5,000,000 for section 523 self-help housing land development loans; and $5,000,000 for section 524 site development loans. For the cost of direct and guaranteed loans, including the cost of modifying loans, as defined in section 502 of the Congressional Budget Act of 1974, as follows: section 502 loans, $23,250,000 shall be for direct loans; section 504 housing repair loans, $484,000; section 523 self-help housing land development loans, $55,000; section 524 site development loans, $206,000; and repair, rehabilitation, and new construction of section 515 rental housing, $8,225,000: Provided, That to support the loan program level for section 538 guaranteed loans made available under this heading the Secretary may charge or adjust any fees to cover the projected cost of such loan guarantees pursuant to the provisions of the Credit Reform Act of 1990 (2 U.S.C. 661 et seq.), and the interest on such loans may not be subsidized: Provided further, That applicants in communities that have a current rural area waiver under section 541 of the Housing Act of 1949 (42 U.S.C. 1490q) shall be treated as living in a rural area for purposes of section 502 guaranteed loans provided under this heading: Provided further, That of the amounts available under this paragraph for section 502 direct loans, no less than $5,000,000 shall be available for direct loans for individuals whose homes will be built pursuant to a program funded with a mutual and self-help housing grant authorized by section 523 of the Housing Act of 1949 until June 1, 2022: Provided further, That the Secretary shall implement provisions to provide incentives to nonprofit organizations and public housing authorities to facilitate the acquisition of Rural Housing Service (RHS) multifamily housing properties by such nonprofit organizations and public housing authorities that commit to keep such properties in the RHS multifamily housing program for a period of time as determined by the Secretary, with such incentives to include, but not be limited to, the following: allow such nonprofit entities and public housing authorities to earn a Return on Investment on their own resources to include proceeds from low income housing tax credit syndication, own contributions, grants, and developer loans at favorable rates and terms, invested in a deal; and allow reimbursement of organizational costs associated with owner's oversight of asset referred to as ``Asset Management Fee'' of up to $7,500 per property. In addition, for the cost of direct loans and grants, including the cost of modifying loans, as defined in section 502 of the Congressional Budget Act of 1974, $32,000,000, to remain available until expended, for a demonstration program for the preservation and revitalization of the sections 514, 515, and 516 multi-family rental housing properties to restructure existing USDA multi-family housing loans, as the Secretary deems appropriate, expressly for the purposes of ensuring the project has sufficient resources to preserve the project for the purpose of providing safe and affordable housing for low-income residents and farm laborers including reducing or eliminating interest; deferring loan payments, subordinating, reducing or re-amortizing loan debt; and other financial assistance including advances, payments and incentives (including the ability of owners to obtain reasonable returns on investment) required by the Secretary: Provided, That the Secretary shall, as part of the preservation and revitalization agreement, obtain a restrictive use agreement consistent with the terms of the restructuring: Provided further, That any balances, including obligated balances, available for all demonstration programs for the preservation and revitalization of sections 514, 515, and 516 multi- family rental housing properties in the ``Multi-Family Housing Revitalization Program Account'' shall be transferred to and merged with this account, and shall also be available for the preservation and revitalization of sections 514, 515, and 516 multi-family rental housing properties, including the restructuring of existing USDA multi- family housing loans: Provided further, That following the transfer of balances described in the preceding proviso, any adjustments to obligations for demonstration programs for the preservation and revitalization of section 514, 515, and 516 multi-family rental housing properties that would otherwise be incurred in ``Multi-family Housing Revitalization Program Account'' shall be made in this account from amounts transferred to this account under the preceding proviso. In addition, for the cost of direct loans, grants, and contracts, as authorized by sections 514 and 516 of the Housing Act of 1949 (42 U.S.C. 1484, 1486), $12,831,000, to remain available until expended, for direct farm labor housing loans and domestic farm labor housing grants and contracts: Provided, That any balances available for the Farm Labor Program Account shall be transferred to and merged with this account. In addition, for administrative expenses necessary to carry out the direct and guaranteed loan programs, $412,254,000 shall be transferred to and merged with the appropriation for ``Rural Development, Salaries and Expenses''. rental assistance program For rental assistance agreements entered into or renewed pursuant to the authority under section 521(a)(2) of the Housing Act of 1949 or agreements entered into in lieu of debt forgiveness or payments for eligible households as authorized by section 502(c)(5)(D) of the Housing Act of 1949, $1,450,000,000, of which $40,000,000 shall be available until September 30, 2023; and in addition such sums as may be necessary, as authorized by section 521(c) of the Act, to liquidate debt incurred prior to fiscal year 1992 to carry out the rental assistance program under section 521(a)(2) of the Act: Provided, That rental assistance agreements entered into or renewed during the current fiscal year shall be funded for a one-year period: Provided further, That upon request by an owner of a project financed by an existing loan under section 514 or 515 of the Act, the Secretary may renew the rental assistance agreement for a period of 20 years or until the term of such loan has expired, subject to annual appropriations: Provided further, That any unexpended balances remaining at the end of such one-year agreements may be transferred and used for purposes of any debt reduction, maintenance, repair, or rehabilitation of any existing projects; preservation; and rental assistance activities authorized under title V of the Act: Provided further, That rental assistance provided under agreements entered into prior to fiscal year 2022 for a farm labor multi-family housing project financed under section 514 or 516 of the Act may not be recaptured for use in another project until such assistance has remained unused for a period of 12 consecutive months, if such project has a waiting list of tenants seeking such assistance or the project has rental assistance eligible tenants who are not receiving such assistance: Provided further, That such recaptured rental assistance shall, to the extent practicable, be applied to another farm labor multi-family housing project financed under section 514 or 516 of the Act: Provided further, That except as provided in the fourth proviso under this heading and notwithstanding any other provision of the Act, the Secretary may recapture rental assistance provided under agreements entered into prior to fiscal year 2022 for a project that the Secretary determines no longer needs rental assistance and use such recaptured funds for current needs. rural housing voucher account For the rural housing voucher program as authorized under section 542 of the Housing Act of 1949, but notwithstanding subsection (b) of such section, $45,000,000, to remain available until expended: Provided, That the funds made available under this heading shall be available for rural housing vouchers to any low-income household (including those not receiving rental assistance) residing in a property financed with a section 515 loan which has been prepaid or otherwise paid off after September 30, 2005: Provided further, That the amount of such voucher shall be the difference between comparable market rent for the section 515 unit and the tenant paid rent for such unit: Provided further, That funds made available for such vouchers shall be subject to the availability of annual appropriations: Provided further, That the Secretary shall, to the maximum extent practicable, administer such vouchers with current regulations and administrative guidance applicable to section 8 housing vouchers administered by the Secretary of the Department of Housing and Urban Development: Provided further, That in addition to any other available funds, the Secretary may expend not more than $1,000,000 total, from the program funds made available under this heading, for administrative expenses for activities funded under this heading. mutual and self-help housing grants For grants and contracts pursuant to section 523(b)(1)(A) of the Housing Act of 1949 (42 U.S.C. 1490c), $32,000,000, to remain available until expended. rural housing assistance grants For grants for very low-income housing repair and rural housing preservation made by the Rural Housing Service, as authorized by 42 U.S.C. 1474, and 1490m, $45,000,000, to remain available until expended. rural community facilities program account (including transfers of funds) For gross obligations for the principal amount of direct and guaranteed loans as authorized by section 306 and described in section 381E(d)(1) of the Consolidated Farm and Rural Development Act, $2,800,000,000 for direct loans and $500,000,000 for guaranteed loans. For the cost of direct loans, loan guarantees and grants, including the cost of modifying loans, as defined in section 502 of the Congressional Budget Act of 1974, for rural community facilities programs as authorized by section 306 and described in section 381E(d)(1) of the Consolidated Farm and Rural Development Act, $172,690,000, to remain available until expended, of which up to $83,690,000 shall be for the purposes, and in the amounts, specified for this account in the table titled ``Congressionally Directed Spending'' in the report to accompany this Act, in accordance with applicable statutory and regulatory requirements: Provided, That $6,000,000 of the amount appropriated under this heading shall be available for a Rural Community Development Initiative: Provided further, That such funds shall be used solely to develop the capacity and ability of private, nonprofit community-based housing and community development organizations, low-income rural communities, and Federally Recognized Native American Tribes to undertake projects to improve housing, community facilities, community and economic development projects in rural areas: Provided further, That such funds shall be made available to qualified private, nonprofit and public intermediary organizations proposing to carry out a program of financial and technical assistance: Provided further, That such intermediary organizations shall provide matching funds from other sources, including Federal funds for related activities, in an amount not less than funds provided: Provided further, That of the amount appropriated under this heading, $25,000,000 shall be available to cover the subsidy costs for loans or loan guarantees under this heading: Provided further, That if any such funds remain unobligated for the subsidy costs after June 30, 2022, the unobligated balance may be transferred to the grant programs funded under this heading: Provided further, That any unobligated balances from prior year appropriations under this heading for the cost of direct loans, loan guarantees and grants, including amounts deobligated or cancelled, may be made available to cover the subsidy costs for direct loans and or loan guarantees under this heading in this fiscal year: Provided further, That no amounts may be made available pursuant to the preceding proviso from amounts that were designated by the Congress as an emergency requirement pursuant to a Concurrent Resolution on the Budget or the Balanced Budget and Emergency Deficit Control Act of 1985: Provided further, That $10,000,000 of the amount appropriated under this heading shall be available for community facilities grants to tribal colleges, as authorized by section 306(a)(19) of such Act: Provided further, That sections 381E-H and 381N of the Consolidated Farm and Rural Development Act are not applicable to the funds made available under this heading. Rural Business--Cooperative Service rural business program account (including transfers of funds) For the cost of loan guarantees and grants, for the rural business development programs authorized by section 310B and described in subsections (a), (c), (f) and (g) of section 310B of the Consolidated Farm and Rural Development Act, $81,150,000, to remain available until expended: Provided, That of the amount appropriated under this heading, not to exceed $500,000 shall be made available for one grant to a qualified national organization to provide technical assistance for rural transportation in order to promote economic development and $9,000,000 shall be for grants to the Delta Regional Authority (7 U.S.C. 2009aa et seq.), the Northern Border Regional Commission (40 U.S.C. 15101 et seq.), and the Appalachian Regional Commission (40 U.S.C. 14101 et seq.) for any Rural Community Advancement Program purpose as described in section 381E(d) of the Consolidated Farm and Rural Development Act, of which not more than 5 percent may be used for administrative expenses: Provided further, That $4,000,000 of the amount appropriated under this heading shall be for business grants to benefit Federally Recognized Native American Tribes, including $250,000 for a grant to a qualified national organization to provide technical assistance for rural transportation in order to promote economic development: Provided further, That of the amount appropriated under this heading, $5,000,000 shall be for the Rural Innovation Stronger Economy Grant Program (7 U.S.C. 2008w): Provided further, That sections 381E-H and 381N of the Consolidated Farm and Rural Development Act are not applicable to funds made available under this heading. intermediary relending program fund account (including transfer of funds) For the principal amount of direct loans, as authorized by the Intermediary Relending Program Fund Account (7 U.S.C. 1936b), $18,889,000. For the cost of direct loans, $1,524,000, as authorized by the Intermediary Relending Program Fund Account (7 U.S.C. 1936b), of which $167,000 shall be available through June 30, 2022, for Federally Recognized Native American Tribes; and of which $305,000 shall be available through June 30, 2022, for Mississippi Delta Region counties (as determined in accordance with Public Law 100-460): Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974. In addition, for administrative expenses to carry out the direct loan programs, $4,468,000 shall be transferred to and merged with the appropriation for ``Rural Development, Salaries and Expenses''. rural economic development loans program account For the principal amount of direct loans, as authorized under section 313B(a) of the Rural Electrification Act, for the purpose of promoting rural economic development and job creation projects, $50,000,000. The cost of grants authorized under section 313B(a) of the Rural Electrification Act, for the purpose of promoting rural economic development and job creation projects shall not exceed $10,000,000. rural cooperative development grants For rural cooperative development grants authorized under section 310B(e) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1932), $26,800,000, of which $3,000,000 shall be for cooperative agreements for the appropriate technology transfer for rural areas program: Provided, That not to exceed $3,000,000 shall be for grants for cooperative development centers, individual cooperatives, or groups of cooperatives that serve socially disadvantaged groups and a majority of the boards of directors or governing boards of which are comprised of individuals who are members of socially disadvantaged groups; and of which $15,000,000, to remain available until expended, shall be for value-added agricultural product market development grants, as authorized by section 210A of the Agricultural Marketing Act of 1946, of which $3,000,000, to remain available until expended, shall be for Agriculture Innovation Centers authorized pursuant to section 6402 of Public Law 107-171. rural microentrepreneur assistance program For gross obligations for the principal amount of direct loans as authorized by section 379E of the Consolidated Farm and Rural Development Act (U.S.C. 2008s), $150,000,000. For the cost of grants, $6,000,000 under the same terms and conditions as authorized by section 379E of the Consolidated Farm and Rural Development Act (7 U.S.C. 2008s). rural energy for america program For the cost of a program of loan guarantees and grants, under the same terms and conditions as authorized by section 9007 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8107), $22,168,000: Provided, That the cost of loan guarantees, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974. healthy food financing initiative For the cost of loans and grants consistent with section 243 of subtitle D of title II of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6953), as added by section 4206 of the Agricultural Act of 2014, for necessary expenses of the Secretary to support projects that provide access to healthy food in underserved areas, to create and preserve quality jobs, and to revitalize low- income communities, $6,000,000, to remain available until expended: Provided, That the cost of such loans, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974. Rural Utilities Service rural water and waste disposal program account (including transfers of funds) For gross obligations for the principal amount of direct and guaranteed loans as authorized by section 306 and described in section 381E(d)(2) of the Consolidated Farm and Rural Development Act, as follows: $1,400,000,000 for direct loans; and $50,000,000 for guaranteed loans. For the cost of loan guarantees and grants, including the cost of modifying loans, as defined in section 502 of the Congressional Budget Act of 1974, for rural water, waste water, waste disposal, and solid waste management programs authorized by sections 306, 306A, 306C, 306D, 306E, and 310B and described in sections 306C(a)(2), 306D, 306E, and 381E(d)(2) of the Consolidated Farm and Rural Development Act, $665,702,000, to remain available until expended, of which not to exceed $1,000,000 shall be available for the rural utilities program described in section 306(a)(2)(B) of such Act, and of which not to exceed $5,000,000 shall be available for the rural utilities program described in section 306E of such Act: Provided, That not to exceed $15,000,000 of the amount appropriated under this heading shall be for grants authorized by section 306A(i)(2) of the Consolidated Farm and Rural Development Act in addition to funding authorized by section 306A(i)(1) of such Act: Provided further, That $73,000,000 of the amount appropriated under this heading shall be for loans and grants including water and waste disposal systems grants authorized by section 306C(a)(2)(B) and section 306D of the Consolidated Farm and Rural Development Act, Federally Recognized Native American Tribes authorized by 306C(a)(1) of such Act, and the Department of Hawaiian Homelands (of the State of Hawaii): Provided further, That funding provided for section 306D of the Consolidated Farm and Rural Development Act may be provided to a consortium formed pursuant to section 325 of Public Law 105-83: Provided further, That not more than 2 percent of the funding provided for section 306D of the Consolidated Farm and Rural Development Act may be used by the State of Alaska for training and technical assistance programs and not more than 2 percent of the funding provided for section 306D of the Consolidated Farm and Rural Development Act may be used by a consortium formed pursuant to section 325 of Public Law 105-83 for training and technical assistance programs: Provided further, That not to exceed $37,500,000 of the amount appropriated under this heading shall be for technical assistance grants for rural water and waste systems pursuant to section 306(a)(14) of such Act, unless the Secretary makes a determination of extreme need, of which $9,000,000 shall be made available for a grant to a qualified nonprofit multi-State regional technical assistance organization, with experience in working with small communities on water and waste water problems, the principal purpose of such grant shall be to assist rural communities with populations of 3,300 or less, in improving the planning, financing, development, operation, and management of water and waste water systems, and of which not less than $800,000 shall be for a qualified national Native American organization to provide technical assistance for rural water systems for tribal communities: Provided further, That not to exceed $20,157,000 of the amount appropriated under this heading shall be for contracting with qualified national organizations for a circuit rider program to provide technical assistance for rural water systems: Provided further, That not to exceed $4,000,000 of the amounts made available under this heading shall be for solid waste management grants: Provided further, That $10,000,000 of the amount appropriated under this heading shall be transferred to, and merged with, the Rural Utilities Service, High Energy Cost Grants Account to provide grants authorized under section 19 of the Rural Electrification Act of 1936 (7 U.S.C. 918a): Provided further, That any prior year balances for high-energy cost grants authorized by section 19 of the Rural Electrification Act of 1936 (7 U.S.C. 918a) shall be transferred to and merged with the Rural Utilities Service, High Energy Cost Grants Account: Provided further, That sections 381E-H and 381N of the Consolidated Farm and Rural Development Act are not applicable to the funds made available under this heading. rural electrification and telecommunications loans program account (including transfer of funds) The principal amount of direct and guaranteed loans as authorized by sections 4, 305, and 317 of the Rural Electrification Act of 1936 (7 U.S.C. 904, 935, and 940g) shall be made as follows: loans made pursuant to sections 4(c)(2), 305(d)(2), and 317, notwithstanding 317(c), of that Act, rural direct electric loans, $6,500,000,000; guaranteed underwriting loans pursuant to section 313A of that Act, $750,000,000; 5 percent rural telecommunications loans and cost of money rural telecommunications loans, $690,000,000: Provided, That up to $2,000,000,000 shall be used for the construction, acquisition, design and engineering or improvement of fossil-fueled electric generating plants (whether new or existing) that utilize carbon subsurface utilization and storage systems. For the cost of direct loans as authorized by section 305(d)(2) of the Rural Electrification Act of 1936 (7 U.S.C. 935(d)(2)), including the cost of modifying loans, as defined in section 502 of the Congressional Budget Act of 1974, cost of money rural telecommunications loans, $2,070,000. In addition, $11,500,000 to remain available until expended, to carry out section 6407 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8107a): Provided, That the energy efficiency measures supported by the funding in this paragraph shall contribute in a demonstrable way to the reduction of greenhouse gases. In addition, for administrative expenses necessary to carry out the direct and guaranteed loan programs, $33,270,000, which shall be transferred to and merged with the appropriation for ``Rural Development, Salaries and Expenses''. distance learning, telemedicine, and broadband program For grants for telemedicine and distance learning services in rural areas, as authorized by 7 U.S.C. 950aaa et seq., $62,510,000, to remain available until expended, of which up to $2,510,000 shall be for the purposes, and in the amounts, specified for this account in the table titled ``Congressionally Directed Spending'' in the report to accompany this Act, in accordance with applicable statutory and regulatory requirements: Provided, That $3,000,000 shall be made available for grants authorized by section 379G of the Consolidated Farm and Rural Development Act: Provided further, That funding provided under this heading for grants under section 379G of the Consolidated Farm and Rural Development Act may only be provided to entities that meet all of the eligibility criteria for a consortium as established by this section. For the cost of broadband loans, as authorized by sections 601 and 602 of the Rural Electrification Act, $2,272,000, to remain available until expended: Provided, That the cost of direct loans shall be as defined in section 502 of the Congressional Budget Act of 1974. In addition, $37,500,000, to remain available until expended, for the Community Connect Grant Program authorized by 7 U.S.C. 950bb-3. TITLE IV DOMESTIC FOOD PROGRAMS Office of the Under Secretary for Food, Nutrition, and Consumer Services For necessary expenses of the Office of the Under Secretary for Food, Nutrition, and Consumer Services, $1,327,000: Provided, That funds made available by this Act to an agency in the Food, Nutrition and Consumer Services mission area for salaries and expenses are available to fund up to one administrative support staff for the Office. Food and Nutrition Service child nutrition programs (including transfers of funds) For necessary expenses to carry out the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.), except section 21, and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), except sections 17 and 21; $26,878,922,000 to remain available through September 30, 2023, of which such sums as are made available under section 14222(b)(1) of the Food, Conservation, and Energy Act of 2008 (Public Law 110-246), as amended by this Act, shall be merged with and available for the same time period and purposes as provided herein: Provided, That of the total amount available, $20,004,000 shall be available to carry out section 19 of the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.): Provided further, That of the total amount available, $15,607,000 shall be available to carry out studies and evaluations and shall remain available until expended: Provided further, That of the total amount available, $35,000,000 shall be available to provide competitive grants to State agencies for subgrants to local educational agencies and schools to purchase the equipment, with a value of greater than $1,000, needed to serve healthier meals, improve food safety, and to help support the establishment, maintenance, or expansion of the school breakfast program: Provided further, That of the total amount available, $45,000,000 shall remain available until expended to carry out section 749(g) of the Agriculture Appropriations Act of 2010 (Public Law 111-80): Provided further, That of the total amount available, $2,000,000 shall remain available until expended to carry out activities authorized under subsections (a)(2) and (e)(2) of Section 21 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769b-1(a)(2) and (e)(2)): Provided further, That of the total amount available, $6,000,000 shall be available until September 30, 2023 to carry out section 23 of the Child Nutrition Act of 1966 (42 U.S.C. 1793), of which $2,000,000 shall be for grants under such section to the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, Guam, and American Samoa: Provided further, That section 26(d) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769g(d)) is amended in the first sentence by striking ``2010 through 2022'' and inserting ``2010 through 2023'': Provided further, That section 9(h)(3) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(h)(3)) is amended in the first sentence by striking ``For fiscal year 2021'' and inserting ``For fiscal year 2022'': Provided further, That section 9(h)(4) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(h)(4)) is amended in the first sentence by striking ``For fiscal year 2021'' and inserting ``For fiscal year 2022''. special supplemental nutrition program for women, infants, and children (wic) For necessary expenses to carry out the special supplemental nutrition program as authorized by section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786), $6,278,000,000, to remain available through September 30, 2023: Provided, That notwithstanding section 17(h)(10) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(h)(10)), not less than $90,000,000 shall be used for breastfeeding peer counselors and other related activities, and $14,000,000 shall be used for infrastructure: Provided further, That none of the funds provided in this account shall be available for the purchase of infant formula except in accordance with the cost containment and competitive bidding requirements specified in section 17 of such Act: Provided further, That none of the funds provided shall be available for activities that are not fully reimbursed by other Federal Government departments or agencies unless authorized by section 17 of such Act: Provided further, That upon termination of a federally mandated vendor moratorium and subject to terms and conditions established by the Secretary, the Secretary may waive the requirement at 7 CFR 246.12(g)(6) at the request of a State agency. supplemental nutrition assistance program For necessary expenses to carry out the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.), $105,829,347,000, of which $3,000,000,000, to remain available through September 30, 2024, shall be placed in reserve for use only in such amounts and at such times as may become necessary to carry out program operations: Provided, That funds provided herein shall be expended in accordance with section 16 of the Food and Nutrition Act of 2008: Provided further, That of the funds made available under this heading, $998,000 may be used to provide nutrition education services to State agencies and Federally Recognized Tribes participating in the Food Distribution Program on Indian Reservations: Provided further, That this appropriation shall be subject to any work registration or workfare requirements as may be required by law: Provided further, That funds made available for Employment and Training under this heading shall remain available through September 30, 2023: Provided further, That funds made available under this heading for section 28(d)(1), section 4(b), and section 27(a) of the Food and Nutrition Act of 2008 shall remain available through September 30, 2023: Provided further, That none of the funds made available under this heading may be obligated or expended in contravention of section 213A of the Immigration and Nationality Act (8 U.S.C. 1183A): Provided further, That funds made available under this heading may be used to enter into contracts and employ staff to conduct studies, evaluations, or to conduct activities related to program integrity provided that such activities are authorized by the Food and Nutrition Act of 2008. commodity assistance program For necessary expenses to carry out disaster assistance and the Commodity Supplemental Food Program as authorized by section 4(a) of the Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c note); the Emergency Food Assistance Act of 1983; special assistance for the nuclear affected islands, as authorized by section 103(f)(2) of the Compact of Free Association Amendments Act of 2003 (Public Law 108- 188); and the Farmers' Market Nutrition Program, as authorized by section 17(m) of the Child Nutrition Act of 1966, $447,070,000, to remain available through September 30, 2023: Provided, That none of these funds shall be available to reimburse the Commodity Credit Corporation for commodities donated to the program: Provided further, That notwithstanding any other provision of law, effective with funds made available in fiscal year 2021 to support the Seniors Farmers' Market Nutrition Program, as authorized by section 4402 of the Farm Security and Rural Investment Act of 2002, such funds shall remain available through September 30, 2023: Provided further, That of the funds made available under section 27(a) of the Food and Nutrition Act of 2008 (7 U.S.C. 2036(a)), the Secretary may use up to 20 percent for costs associated with the distribution of commodities. nutrition programs administration For necessary administrative expenses of the Food and Nutrition Service for carrying out any domestic nutrition assistance program, $178,233,000: Provided, That of the funds provided herein, $2,000,000 shall be used for the purposes of section 4404 of Public Law 107-171, as amended by section 4401 of Public Law 110-246. TITLE V FOREIGN ASSISTANCE AND RELATED PROGRAMS Office of the Under Secretary for Trade and Foreign Agricultural Affairs For necessary expenses of the Office of the Under Secretary for Trade and Foreign Agricultural Affairs, $1,408,000: Provided, That funds made available by this Act to any agency in the Trade and Foreign Agricultural Affairs mission area for salaries and expenses are available to fund up to one administrative support staff for the Office. office of codex alimentarius For necessary expenses of the Office of Codex Alimentarius, $4,841,000, including not to exceed $40,000 for official reception and representation expenses. Foreign Agricultural Service salaries and expenses (including transfers of funds) For necessary expenses of the Foreign Agricultural Service, including not to exceed $250,000 for representation allowances and for expenses pursuant to section 8 of the Act approved August 3, 1956 (7 U.S.C. 1766), $229,644,000, of which no more than 6 percent shall remain available until September 30, 2023, for overseas operations to include the payment of locally employed staff, and of which $1,000,000 shall be available to carry out section 3307 of Public Law 115-334: Provided, That the Service may utilize advances of funds, or reimburse this appropriation for expenditures made on behalf of Federal agencies, public and private organizations and institutions under agreements executed pursuant to the agricultural food production assistance programs (7 U.S.C. 1737) and the foreign assistance programs of the United States Agency for International Development: Provided further, That funds made available for middle-income country training programs, funds made available for the Borlaug International Agricultural Science and Technology Fellowship program, and up to $2,000,000 of the Foreign Agricultural Service appropriation solely for the purpose of offsetting fluctuations in international currency exchange rates, subject to documentation by the Foreign Agricultural Service, shall remain available until expended. food for peace title ii grants For expenses during the current fiscal year, not otherwise recoverable, and unrecovered prior years' costs, including interest thereon, under the Food for Peace Act (Public Law 83-480), for commodities supplied in connection with dispositions abroad under title II of said Act, $1,760,000,000, to remain available until expended. mcgovern-dole international food for education and child nutrition program grants For necessary expenses to carry out the provisions of section 3107 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 1736o- 1), $245,000,000, to remain available until expended: Provided, That the Commodity Credit Corporation is authorized to provide the services, facilities, and authorities for the purpose of implementing such section, subject to reimbursement from amounts provided herein: Provided further, That of the amount made available under this heading, not more than 10 percent, but not less than $24,000,000, shall remain available until expended to purchase agricultural commodities as described in subsection 3107(a)(2) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 1736o-1(a)(2)). commodity credit corporation export (loans) credit guarantee program account (including transfers of funds) For administrative expenses to carry out the Commodity Credit Corporation's Export Guarantee Program, GSM 102 and GSM 103, $6,063,000, to cover common overhead expenses as permitted by section 11 of the Commodity Credit Corporation Charter Act and in conformity with the Federal Credit Reform Act of 1990, of which $6,063,000 shall be transferred to and merged with the appropriation for ``Foreign Agricultural Service, Salaries and Expenses''. TITLE VI RELATED AGENCY AND FOOD AND DRUG ADMINISTRATION Department of Health and Human Services food and drug administration salaries and expenses (including transfers of funds) For necessary expenses of the Food and Drug Administration, including hire and purchase of passenger motor vehicles; for payment of space rental and related costs pursuant to Public Law 92-313 for programs and activities of the Food and Drug Administration which are included in this Act; for rental of special purpose space in the District of Columbia or elsewhere; in addition to amounts appropriated to the FDA Innovation Account, for carrying out the activities described in section 1002(b)(4) of the 21st Century Cures Act (Public Law 114-255); for miscellaneous and emergency expenses of enforcement activities, authorized and approved by the Secretary and to be accounted for solely on the Secretary's certificate, not to exceed $25,000; and notwithstanding section 521 of Public Law 107-188; $6,122,657,000: Provided, That of the amount provided under this heading, $1,141,861,000 shall be derived from prescription drug user fees authorized by 21 U.S.C. 379h, and shall be credited to this account and remain available until expended; $241,431,000 shall be derived from medical device user fees authorized by 21 U.S.C. 379j, and shall be credited to this account and remain available until expended; $527,848,000 shall be derived from human generic drug user fees authorized by 21 U.S.C. 379j-42, and shall be credited to this account and remain available until expended; $43,116,000 shall be derived from biosimilar biological product user fees authorized by 21 U.S.C. 379j- 52, and shall be credited to this account and remain available until expended; $33,836,000 shall be derived from animal drug user fees authorized by 21 U.S.C. 379j-12, and shall be credited to this account and remain available until expended; $23,137,000 shall be derived from generic new animal drug user fees authorized by 21 U.S.C. 379j-21, and shall be credited to this account and remain available until expended; $712,000,000 shall be derived from tobacco product user fees authorized by 21 U.S.C. 387s, and shall be credited to this account and remain available until expended: Provided further, That in addition to and notwithstanding any other provision under this heading, amounts collected for prescription drug user fees, medical device user fees, human generic drug user fees, biosimilar biological product user fees, animal drug user fees, and generic new animal drug user fees that exceed the respective fiscal year 2022 limitations are appropriated and shall be credited to this account and remain available until expended: Provided further, That fees derived from prescription drug, medical device, human generic drug, biosimilar biological product, animal drug, and generic new animal drug assessments for fiscal year 2022, including any such fees collected prior to fiscal year 2022 but credited for fiscal year 2022, shall be subject to the fiscal year 2022 limitations: Provided further, That the Secretary may accept payment during fiscal year 2022 of user fees specified under this heading and authorized for fiscal year 2023, prior to the due date for such fees, and that amounts of such fees assessed for fiscal year 2023 for which the Secretary accepts payment in fiscal year 2022 shall not be included in amounts under this heading: Provided further, That none of these funds shall be used to develop, establish, or operate any program of user fees authorized by 31 U.S.C. 9701: Provided further, That of the total amount appropriated: (1) $1,153,405,000 shall be for the Center for Food Safety and Applied Nutrition and related field activities in the Office of Regulatory Affairs, of which no less than $15,000,000 shall be used for inspections of foreign seafood manufacturers and field examinations of imported seafood; (2) $2,086,106,000 shall be for the Center for Drug Evaluation and Research and related field activities in the Office of Regulatory Affairs; (3) $459,150,000 shall be for the Center for Biologics Evaluation and Research and for related field activities in the Office of Regulatory Affairs; (4) $263,668,000 shall be for the Center for Veterinary Medicine and for related field activities in the Office of Regulatory Affairs; (5) $637,327,000 shall be for the Center for Devices and Radiological Health and for related field activities in the Office of Regulatory Affairs; (6) $75,180,000 shall be for the National Center for Toxicological Research; (7) $680,812,000 shall be for the Center for Tobacco Products and for related field activities in the Office of Regulatory Affairs; (8) $198,485,000 shall be for Rent and Related activities, of which $55,892,000 is for White Oak Consolidation, other than the amounts paid to the General Services Administration for rent; (9) $235,348,000 shall be for payments to the General Services Administration for rent; and (10) $333,176,000 shall be for other activities, including the Office of the Commissioner of Food and Drugs, the Office of Food Policy and Response, the Office of Operations, the Office of the Chief Scientist, and central services for these offices: Provided further, That not to exceed $25,000 of this amount shall be for official reception and representation expenses, not otherwise provided for, as determined by the Commissioner: Provided further, That any transfer of funds pursuant to section 770(n) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379dd(n)) shall only be from amounts made available under this heading for other activities: Provided further, That of the amounts that are made available under this heading for ``other activities'', and that are not derived from user fees, $1,500,000 shall be transferred to and merged with the appropriation for ``Department of Health and Human Services--Office of Inspector General'' for oversight of the programs and operations of the Food and Drug Administration and shall be in addition to funds otherwise made available for oversight of the Food and Drug Administration: Provided further, That funds may be transferred from one specified activity to another with the prior approval of the Committees on Appropriations of both Houses of Congress. In addition, mammography user fees authorized by 42 U.S.C. 263b, export certification user fees authorized by 21 U.S.C. 381, priority review user fees authorized by 21 U.S.C. 360n and 360ff, food and feed recall fees, food reinspection fees, and voluntary qualified importer program fees authorized by 21 U.S.C. 379j-31, outsourcing facility fees authorized by 21 U.S.C. 379j-62, prescription drug wholesale distributor licensing and inspection fees authorized by 21 U.S.C. 353(e)(3), third-party logistics provider licensing and inspection fees authorized by 21 U.S.C. 360eee-3(c)(1), third-party auditor fees authorized by 21 U.S.C. 384d(c)(8), medical countermeasure priority review voucher user fees authorized by 21 U.S.C. 360bbb-4a, and fees relating to over-the-counter monograph drugs authorized by 21 U.S.C. 379j-72 shall be credited to this account, to remain available until expended. buildings and facilities For plans, construction, repair, improvement, extension, alteration, demolition, and purchase of fixed equipment or facilities of or used by the Food and Drug Administration, where not otherwise provided, $ 15,288,000, to remain available until expended. fda innovation account, cures act (including transfer of funds) For necessary expenses to carry out the purposes described under section 1002(b)(4) of the 21st Century Cures Act, in addition to amounts available for such purposes under the heading ``Salaries and Expenses'', $50,000,000, to remain available until expended: Provided, That amounts appropriated in this paragraph are appropriated pursuant to section 1002(b)(3) of the 21st Century Cures Act, are to be derived from amounts transferred under section 1002(b)(2)(A) of such Act, and may be transferred by the Commissioner of Food and Drugs to the appropriation for ``Department of Health and Human Services Food and Drug Administration Salaries and Expenses'' solely for the purposes provided in such Act: Provided further, That upon a determination by the Commissioner that funds transferred pursuant to the previous proviso are not necessary for the purposes provided, such amounts may be transferred back to the account: Provided further, That such transfer authority is in addition to any other transfer authority provided by law. INDEPENDENT AGENCY Farm Credit Administration limitation on administrative expenses Not to exceed $84,200,000 (from assessments collected from farm credit institutions, including the Federal Agricultural Mortgage Corporation) shall be obligated during the current fiscal year for administrative expenses as authorized under 12 U.S.C. 2249: Provided, That this limitation shall not apply to expenses associated with receiverships: Provided further, That the agency may exceed this limitation by up to 10 percent with notification to the Committees on Appropriations of both Houses of Congress: Provided further, That the purposes of section 3.7(b)(2)(A)(i) of the Farm Credit Act of 1971 (12 U.S.C. 2128(b)(2)(A)(i)), the Farm Credit Administration may exempt, an amount in its sole discretion, from the application of the limitation provided in that clause of export loans described in the clause guaranteed or insured in a manner other than described in subclause (II) of the clause. TITLE VII GENERAL PROVISIONS (including rescissions and transfers of funds) Sec. 701. The Secretary may use any appropriations made available to the Department of Agriculture in this Act to purchase new passenger motor vehicles, in addition to specific appropriations for this purpose, so long as the total number of vehicles purchased in fiscal year 2022 does not exceed the number of vehicles owned or leased in fiscal year 2018: Provided, That, prior to purchasing additional motor vehicles, the Secretary must determine that such vehicles are necessary for transportation safety, to reduce operational costs, and for the protection of life, property, and public safety: Provided further, That the Secretary may not increase the Department of Agriculture's fleet above the 2018 level unless the Secretary notifies in writing, and receives approval from, the Committees on Appropriations of both Houses of Congress within 30 days of the notification. Sec. 702. Notwithstanding any other provision of this Act, the Secretary of Agriculture may transfer unobligated balances of discretionary funds appropriated by this Act or any other available unobligated discretionary balances that are remaining available of the Department of Agriculture to the Working Capital Fund for the acquisition of property, plant and equipment and for the improvement, delivery, and implementation of Department financial, and administrative, information technology services, and other support systems necessary for the delivery of financial, administrative, and information technology services, including cloud adoption and migration, of primary benefit to the agencies of the Department of Agriculture, such transferred funds to remain available until expended: Provided, That none of the funds made available by this Act or any other Act shall be transferred to the Working Capital Fund without the prior approval of the agency administrator: Provided further, That none of the funds transferred to the Working Capital Fund pursuant to this section shall be available for obligation without written notification to and the prior approval of the Committees on Appropriations of both Houses of Congress: Provided further, That none of the funds appropriated by this Act or made available to the Department's Working Capital Fund shall be available for obligation or expenditure to make any changes to the Department's National Finance Center without written notification to and prior approval of the Committees on Appropriations of both Houses of Congress as required by section 716 of this Act: Provided further, That none of the funds appropriated by this Act or made available to the Department's Working Capital Fund shall be available for obligation or expenditure to initiate, plan, develop, implement, or make any changes to remove or relocate any systems, missions, personnel, or functions of the offices of the Chief Financial Officer and the Chief Information Officer, co- located with or from the National Finance Center prior to written notification to and prior approval of the Committee on Appropriations of both Houses of Congress and in accordance with the requirements of section 716 of this Act: Provided further, That the National Finance Center Information Technology Services Division personnel and data center management responsibilities, and control of any functions, missions, and systems for current and future human resources management and integrated personnel and payroll systems (PPS) and functions provided by the Chief Financial Officer and the Chief Information Officer shall remain in the National Finance Center and under the management responsibility and administrative control of the National Finance Center: Provided further, That the Secretary of Agriculture and the offices of the Chief Financial Officer shall actively market to existing and new Departments and other government agencies National Finance Center shared services including, but not limited to, payroll, financial management, and human capital shared services and allow the National Finance Center to perform technology upgrades: Provided further, That of annual income amounts in the Working Capital Fund of the Department of Agriculture attributable to the amounts in excess of the true costs of the shared services provided by the National Finance Center and budgeted for the National Finance Center, the Secretary shall reserve not more than 4 percent for the replacement or acquisition of capital equipment, including equipment for the improvement, delivery, and implementation of financial, administrative, and information technology services, and other systems of the National Finance Center or to pay any unforeseen, extraordinary cost of the National Finance Center: Provided further, That none of the amounts reserved shall be available for obligation unless the Secretary submits written notification of the obligation to the Committees on Appropriations of both Houses of Congress: Provided further, That the limitations on the obligation of funds pending notification to Congressional Committees shall not apply to any obligation that, as determined by the Secretary, is necessary to respond to a declared state of emergency that significantly impacts the operations of the National Finance Center; or to evacuate employees of the National Finance Center to a safe haven to continue operations of the National Finance Center. Sec. 703. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. Sec. 704. No funds appropriated by this Act may be used to pay negotiated indirect cost rates on cooperative agreements or similar arrangements between the United States Department of Agriculture and nonprofit institutions in excess of 10 percent of the total direct cost of the agreement when the purpose of such cooperative arrangements is to carry out programs of mutual interest between the two parties. This does not preclude appropriate payment of indirect costs on grants and contracts with such institutions when such indirect costs are computed on a similar basis for all agencies for which appropriations are provided in this Act. Sec. 705. Appropriations to the Department of Agriculture for the cost of direct and guaranteed loans made available in the current fiscal year shall remain available until expended to disburse obligations made in the current fiscal year for the following accounts: the Rural Development Loan Fund program account, the Rural Electrification and Telecommunication Loans program account, and the Rural Housing Insurance Fund program account. Sec. 706. None of the funds made available to the Department of Agriculture by this Act may be used to acquire new information technology systems or significant upgrades, as determined by the Office of the Chief Information Officer, without the approval of the Chief Information Officer and the concurrence of the Executive Information Technology Investment Review Board: Provided, That notwithstanding any other provision of law, none of the funds appropriated or otherwise made available by this Act may be transferred to the Office of the Chief Information Officer without written notification to and the prior approval of the Committees on Appropriations of both Houses of Congress: Provided further, That, notwithstanding section 11319 of title 40, United States Code, none of the funds available to the Department of Agriculture for information technology shall be obligated for projects, contracts, or other agreements over $25,000 prior to receipt of written approval by the Chief Information Officer: Provided further, That the Chief Information Officer may authorize an agency to obligate funds without written approval from the Chief Information Officer for projects, contracts, or other agreements up to $250,000 based upon the performance of an agency measured against the performance plan requirements described in the explanatory statement accompanying Public Law 113-235. Sec. 707. Funds made available under section 524(b) of the Federal Crop Insurance Act (7 U.S.C. 1524(b)) in the current fiscal year shall remain available until expended to disburse obligations made in the current fiscal year. Sec. 708. Notwithstanding any other provision of law, any former Rural Utilities Service borrower that has repaid or prepaid an insured, direct or guaranteed loan under the Rural Electrification Act of 1936, or any not-for-profit utility that is eligible to receive an insured or direct loan under such Act, shall be eligible for assistance under section 313B(a) of such Act in the same manner as a borrower under such Act. Sec. 709. (a) Except as otherwise specifically provided by law, not more than $20,000,000 in unobligated balances from appropriations made available for salaries and expenses in this Act for the Farm Service Agency shall remain available through September 30, 2023, for information technology expenses. (b) Except as otherwise specifically provided by law, not more than $20,000,000 in unobligated balances from appropriations made available for salaries and expenses in this Act for the Rural Development mission area shall remain available through September 30, 2023, for information technology expenses. Sec. 710. None of the funds appropriated or otherwise made available by this Act may be used for first-class travel by the employees of agencies funded by this Act in contravention of sections 301-10.122 through 301-10.124 of title 41, Code of Federal Regulations. Sec. 711. In the case of each program established or amended by the Agricultural Act of 2014 (Public Law 113-79) or by a successor to that Act, other than by title I or subtitle A of title III of such Act, or programs for which indefinite amounts were provided in that Act, that is authorized or required to be carried out using funds of the Commodity Credit Corporation-- (1) such funds shall be available for salaries and related administrative expenses, including technical assistance, associated with the implementation of the program, without regard to the limitation on the total amount of allotments and fund transfers contained in section 11 of the Commodity Credit Corporation Charter Act (15 U.S.C. 714i); and (2) the use of such funds for such purpose shall not be considered to be a fund transfer or allotment for purposes of applying the limitation on the total amount of allotments and fund transfers contained in such section. Sec. 712. Of the funds made available by this Act, not more than $2,900,000 shall be used to cover necessary expenses of activities related to all advisory committees, panels, commissions, and task forces of the Department of Agriculture, except for panels used to comply with negotiated rule makings and panels used to evaluate competitively awarded grants. Sec. 713. (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. Sec. 714. Notwithstanding subsection (b) of section 14222 of Public Law 110-246 (7 U.S.C. 612c-6; in this section referred to as ``section 14222''), none of the funds appropriated or otherwise made available by this or any other Act shall be used to pay the salaries and expenses of personnel to carry out a program under section 32 of the Act of August 24, 1935 (7 U.S.C. 612c; in this section referred to as ``section 32'') in excess of $1,391,211,000 (exclusive of carryover appropriations from prior fiscal years), as follows: Child Nutrition Programs Entitlement Commodities--$485,000,000; State Option Contracts--$5,000,000; Removal of Defective Commodities--$2,500,000; Administration of Section 32 Commodity Purchases--$38,810,000: Provided, That of the total funds made available in the matter preceding this proviso that remain unobligated on October 1, 2022, such unobligated balances shall carryover into fiscal year 2023 and shall remain available until expended for any of the purposes of section 32, except that any such carryover funds used in accordance with clause (3) of section 32 may not exceed $350,000,000 and may not be obligated until the Secretary of Agriculture provides written notification of the expenditures to the Committees on Appropriations of both Houses of Congress at least two weeks in advance: Provided further, That, with the exception of any available carryover funds authorized in any prior appropriations Act to be used for the purposes of clause (3) of section 32, none of the funds appropriated or otherwise made available by this or any other Act shall be used to pay the salaries or expenses of any employee of the Department of Agriculture to carry out clause (3) of section 32. Sec. 715. None of the funds appropriated by this or any other Act shall be used to pay the salaries and expenses of personnel who prepare or submit appropriations language as part of the President's budget submission to the Congress for programs under the jurisdiction of the Appropriations Subcommittees on Agriculture, Rural Development, Food and Drug Administration, and Related Agencies that assumes revenues or reflects a reduction from the previous year due to user fees proposals that have not been enacted into law prior to the submission of the budget unless such budget submission identifies which additional spending reductions should occur in the event the user fees proposals are not enacted prior to the date of the convening of a committee of conference for the fiscal year 2023 appropriations Act. Sec. 716. (a) None of the funds provided by this Act, or provided by previous appropriations Acts to the agencies funded by this Act that remain available for obligation or expenditure in the current fiscal year, or provided from any accounts in the Treasury derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure through a reprogramming, transfer of funds, or reimbursements as authorized by the Economy Act, or in the case of the Department of Agriculture, through use of the authority provided by section 702(b) of the Department of Agriculture Organic Act of 1944 (7 U.S.C. 2257) or section 8 of Public Law 89-106 (7 U.S.C. 2263), that-- (1) creates new programs; (2) eliminates a program, project, or activity; (3) increases funds or personnel by any means for any project or activity for which funds have been denied or restricted; (4) relocates an office or employees; (5) reorganizes offices, programs, or activities; or (6) contracts out or privatizes any functions or activities presently performed by Federal employees; unless the Secretary of Agriculture or the Secretary of Health and Human Services (as the case may be) notifies in writing and receives approval from the Committees on Appropriations of both Houses of Congress at least 30 days in advance of the reprogramming of such funds or the use of such authority. (b) None of the funds provided by this Act, or provided by previous Appropriations Acts to the agencies funded by this Act that remain available for obligation or expenditure in the current fiscal year, or provided from any accounts in the Treasury derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure for activities, programs, or projects through a reprogramming or use of the authorities referred to in subsection (a) involving funds in excess of $500,000 or 10 percent, whichever is less, that-- (1) augments existing programs, projects, or activities; (2) reduces by 10 percent funding for any existing program, project, or activity, or numbers of personnel by 10 percent as approved by Congress; or (3) results from any general savings from a reduction in personnel which would result in a change in existing programs, activities, or projects as approved by Congress; unless the Secretary of Agriculture or the Secretary of Health and Human Services (as the case may be) notifies in writing and receives approval from the Committees on Appropriations of both Houses of Congress at least 30 days in advance of the reprogramming or transfer of such funds or the use of such authority. (c) The Secretary of Agriculture or the Secretary of Health and Human Services shall notify in writing and receive approval from the Committees on Appropriations of both Houses of Congress before implementing any program or activity not carried out during the previous fiscal year unless the program or activity is funded by this Act or specifically funded by any other Act. (d) None of the funds provided by this Act, or provided by previous Appropriations Acts to the agencies funded by this Act that remain available for obligation or expenditure in the current fiscal year, or provided from any accounts in the Treasury derived by the collection of fees available to the agencies funded by this Act, shall be available for-- (1) modifying major capital investments funding levels, including information technology systems, that involves increasing or decreasing funds in the current fiscal year for the individual investment in excess of $500,000 or 10 percent of the total cost, whichever is less; (2) realigning or reorganizing new, current, or vacant positions or agency activities or functions to establish a center, office, branch, or similar entity with five or more personnel; or (3) carrying out activities or functions that were not described in the budget request; unless the agencies funded by this Act notify, in writing, the Committees on Appropriations of both Houses of Congress at least 30 days in advance of using the funds for these purposes. (e) As described in this section, no funds may be used for any activities unless the Secretary of Agriculture or the Secretary of Health and Human Services receives from the Committee on Appropriations of both Houses of Congress written or electronic mail confirmation of receipt of the notification as required in this section. Sec. 717. Notwithstanding section 310B(g)(5) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1932(g)(5)), the Secretary may assess a one-time fee for any guaranteed business and industry loan in an amount that does not exceed 3 percent of the guaranteed principal portion of the loan. Sec. 718. None of the funds appropriated or otherwise made available to the Department of Agriculture, the Food and Drug Administration, or the Farm Credit Administration shall be used to transmit or otherwise make available reports, questions, or responses to questions that are a result of information requested for the appropriations hearing process to any non-Department of Agriculture, non-Department of Health and Human Services, or non-Farm Credit Administration employee. Sec. 719. Unless otherwise authorized by existing law, none of the funds provided in this Act, may be used by an executive branch agency to produce any prepackaged news story intended for broadcast or distribution in the United States unless the story includes a clear notification within the text or audio of the prepackaged news story that the prepackaged news story was prepared or funded by that executive branch agency. Sec. 720. No employee of the Department of Agriculture may be detailed or assigned from an agency or office funded by this Act or any other Act to any other agency or office of the Department for more than 60 days in a fiscal year unless the individual's employing agency or office is fully reimbursed by the receiving agency or office for the salary and expenses of the employee for the period of assignment. Sec. 721. Not later than 30 days after the date of enactment of this Act, the Secretary of Agriculture, the Commissioner of the Food and Drug Administration, and the Chairman of the Farm Credit Administration shall submit to the Committees on Appropriations of both Houses of Congress a detailed spending plan by program, project, and activity for all the funds made available under this Act including appropriated user fees, as defined in the report accompanying this Act. Sec. 722. Of the unobligated balances from amounts made available for the supplemental nutrition program as authorized by section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786), $514,660,000 are hereby rescinded: Provided, That no amounts may be rescinded from amounts that were designated by the Congress as an emergency requirement pursuant to a Concurrent Resolution on the Budget or the Balanced Budget and Emergency Deficit Control Act of 1985. Sec. 723. For the purposes of determining eligibility or level of program assistance for Rural Development programs the Secretary shall not include incarcerated prison populations. Sec. 724. For loans and loan guarantees that do not require budget authority and the program level has been established in this Act, the Secretary of Agriculture may increase the program level for such loans and loan guarantees by not more than 25 percent: Provided, That prior to the Secretary implementing such an increase, the Secretary notifies, in writing, the Committees on Appropriations of both Houses of Congress at least 15 days in advance. Sec. 725. None of the credit card refunds or rebates transferred to the Working Capital Fund pursuant to section 729 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2002 (7 U.S.C. 2235a; Public Law 107-76) shall be available for obligation without written notification to, and the prior approval of, the Committees on Appropriations of both Houses of Congress: Provided, That the refunds or rebates so transferred shall be available for obligation only for the acquisition of property, plant and equipment, including equipment for the improvement, delivery, and implementation of Department financial management, information technology, and other support systems necessary for the delivery of financial, administrative, and information technology services, including cloud adoption and migration, of primary benefit to the agencies of the Department of Agriculture. Sec. 726. None of the funds made available by this Act may be used to implement, administer, or enforce the ``variety'' requirements of the final rule entitled ``Enhancing Retailer Standards in the Supplemental Nutrition Assistance Program (SNAP)'' published by the Department of Agriculture in the Federal Register on December 15, 2016 (81 Fed. Reg. 90675) until the Secretary of Agriculture amends the definition of the term ``variety'' as de fined in section 278.1(b)(1)(ii)(C) of title 7, Code of Federal Regulations, and ``variety'' as applied in the definition of the term ``staple food'' as defined in section 271.2 of title 7, Code of Federal Regulations, to increase the number of items that qualify as acceptable varieties in each staple food category so that the total number of such items in each staple food category exceeds the number of such items in each staple food category included in the final rule as published on December 15, 2016: Provided, That until the Secretary promulgates such regulatory amendments, the Secretary shall apply the requirements regarding acceptable varieties and breadth of stock to Supplemental Nutrition Assistance Program retailers that were in effect on the day before the date of the enactment of the Agricultural Act of 2014 (Public Law 113-79). Sec. 727. In carrying out subsection (h) of section 502 of the Housing Act of 1949 (42 U.S.C. 1472), the Secretary of Agriculture shall have the same authority with respect to loans guaranteed under such section and eligible lenders for such loans as the Secretary has under subsections (h) and (j) of section 538 of such Act (42 U.S.C. 1490p-2) with respect to loans guaranteed under such section 538 and eligible lenders for such loans. Sec. 728. None of the funds appropriated or otherwise made available by this Act shall be available for the United States Department of Agriculture to propose, finalize or implement any regulation that would promulgate new user fees pursuant to 31 U.S.C. 9701 after the date of the enactment of this Act. Sec. 729. None of the funds made available by this or any other Act may be used to carry out the final rule promulgated by the Food and Drug Administration and put into effect November 16, 2015, in regards to the hazard analysis and risk-based preventive control requirements of the current good manufacturing practice, hazard analysis, and risk- based preventive controls for food for animals rule with respect to the regulation of the production, distribution, sale, or receipt of dried spent grain byproducts of the alcoholic beverage production process. Sec. 730. None of the funds made available by this Act may be used to propose, promulgate, or implement any rule, or take any other action with respect to, allowing or requiring information intended for a prescribing health care professional, in the case of a drug or biological product subject to section 503(b)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 353(b)(1)), to be distributed to such professional electronically (in lieu of in paper form) unless and until a Federal law is enacted to allow or require such distribution. Sec. 731. (a) The Secretary of Agriculture shall-- (1) conduct audits in a manner that evaluates the following factors in the country or region being audited, as applicable-- (A) veterinary control and oversight; (B) disease history and vaccination practices; (C) livestock demographics and traceability; (D) epidemiological separation from potential sources of infection; (E) surveillance practices; (F) diagnostic laboratory capabilities; and (G) emergency preparedness and response; and (2) promptly make publicly available the final reports of any audits or reviews conducted pursuant to paragraph (1). (b) This section shall be applied in a manner consistent with United States obligations under its international trade agreements. Sec. 732. None of the funds made available by this Act may be used to implement section 3.7(f) of the Farm Credit Act of 1971 in a manner inconsistent with section 343(a)(13) of the Consolidated Farm and Rural Development Act. Sec. 733. None of the funds made available by this Act may be used to carry out any activities or incur any expense related to the issuance of licenses under section 3 of the Animal Welfare Act (7 U.S.C. 2133), or the renewal of such licenses, to class B dealers who sell dogs and cats for use in research, experiments, teaching, or testing. Sec. 734. (a)(1) No Federal funds made available for this fiscal year for the rural water, waste water, waste disposal, and solid waste management programs authorized by sections 306, 306A, 306C, 306D, 306E, and 310B of the Consolidated Farm and Rural Development Act (7 U.S.C. 1926 et seq.) shall be used for a project for the construction, alteration, maintenance, or repair of a public water or wastewater system unless all of the iron and steel products used in the project are produced in the United States. (2) In this section, the term ``iron and steel products'' means the following products made primarily of iron or steel: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, and construction materials. (b) Subsection (a) shall not apply in any case or category of cases in which the Secretary of Agriculture (in this section referred to as the ``Secretary'') or the designee of the Secretary finds that-- (1) applying subsection (a) would be inconsistent with the public interest; (2) iron and steel products are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality; or (3) inclusion of iron and steel products produced in the United States will increase the cost of the overall project by more than 25 percent. (c) If the Secretary or the designee receives a request for a waiver under this section, the Secretary or the designee shall make available to the public on an informal basis a copy of the request and information available to the Secretary or the designee concerning the request, and shall allow for informal public input on the request for at least 15 days prior to making a finding based on the request. The Secretary or the designee shall make the request and accompanying information available by electronic means, including on the official public Internet Web site of the Department. (d) This section shall be applied in a manner consistent with United States obligations under international agreements. (e) The Secretary may retain up to 0.25 percent of the funds appropriated in this Act for ``Rural Utilities Service--Rural Water and Waste Disposal Program Account'' for carrying out the provisions described in subsection (a)(1) for management and oversight of the requirements of this section. (f) Subsection (a) shall not apply with respect to a project for which the engineering plans and specifications include use of iron and steel products otherwise prohibited by such subsection if the plans and specifications have received required approvals from State agencies prior to the date of enactment of this Act. (g) For purposes of this section, the terms ``United States'' and ``State'' shall include each of the several States, the District of Columbia, and each federally recognized Indian tribe. Sec. 735. 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. 736. Of the total amounts made available by this Act for direct loans and grants and in the following headings: ``Rural Housing Service--Rural Housing Insurance Fund Program Account''; ``Rural Housing Service--Mutual and Self-Help Housing Grants''; ``Rural Housing Service--Rural Housing Assistance Grants''; ``Rural Housing Service-- Rural Community Facilities Program Account''; ``Rural Business- Cooperative Service--Rural Business Program Account''; ``Rural Business-Cooperative Service--Rural Economic Development Loans Program Account''; ``Rural Business-Cooperative Service--Rural Cooperative Development Grants''; ``Rural Utilities Service--Rural Water and Waste Disposal Program Account''; ``Rural Utilities Service--Rural Electrification and Telecommunications Loans Program Account''; and ``Rural Utilities Service--Distance Learning, Telemedicine, and Broadband Program'', to the maximum extent feasible, at least 10 percent of the funds shall be allocated for assistance in persistent poverty counties under this section, including, notwithstanding any other provision regarding population limits, any county seat of such a persistent poverty county that has a population that does not exceed the authorized population limit by more than 10 percent: Provided, That for purposes of this section, the term ``persistent poverty counties'' means any county that has had 20 percent or more of its population living in poverty over the past 30 years, as measured by the 1990 and 2000 decennial censuses, and 2007-2011 American Community Survey 5-year average, or any territory or possession of the United States: Provided further, That with respect to specific activities for which program levels have been made available by this Act that are not supported by budget authority, the requirements of this section shall be applied to such program level. Sec. 737. In addition to any other funds made available in this Act or any other Act, there is appropriated $17,000,000 to carry out section 18(g)(8) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769(g)), to remain available until expended, of which $5,000,000 shall be used to establish a National Farm to School Institute to provide technical and practical assistance to Farm to School programs across the country and shall be located at Shelburne Farms in Shelburne, VT: Provided, That notwithstanding section 18(g)(3)(C) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769 (g)(3)(c)), the total grant amount provided to a farm to school grant recipient in fiscal year 2022 shall not exceed $500,000. Sec. 738. None of the funds made available by this or any other Act may be used to enforce the final rule promulgated by the Food and Drug Administration entitled ``Standards for the Growing, Harvesting, Packing, and Holding of Produce for Human Consumption,'' and published on November 27, 2015, with respect to the regulation of entities that grow, harvest, pack, or hold wine grapes, hops, pulse crops, or almonds. Sec. 739. There is hereby appropriated $5,000,000, to remain available until September 30, 2023, for a pilot program for the National Institute of Food and Agriculture to provide grants to nonprofit organizations for programs and services to establish and enhance farming and ranching opportunities for military veterans. Sec. 740. For school years 2021-2022 and 2022-2023, none of the funds made available by this Act may be used to implement or enforce the matter following the first comma in the second sentence of footnote (c) of section 220.8(c) of title 7, Code of Federal Regulations, with respect to the substitution of vegetables for fruits under the school breakfast program established under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773). Sec. 741. None of the funds made available by this Act or any other Act may be used-- (1) in contravention of section 7606 of the Agricultural Act of 2014 (7 U.S.C. 5940), subtitle G of the Agricultural Marketing Act of 1946, or section 10114 of the Agriculture Improvement Act of 2018; or (2) to prohibit the transportation, processing, sale, or use of hemp, or seeds of such plant, that is grown or cultivated in accordance with subsection section 7606 of the Agricultural Act of 2014 or Subtitle G of the Agricultural Marketing Act of 1946, within or outside the State in which the hemp is grown or cultivated. Sec. 742. None of the funds made available by this Act may be used to notify a sponsor or otherwise acknowledge receipt of a submission for an exemption for investigational use of a drug or biological product under section 505(i) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(i)) or section 351(a)(3) of the Public Health Service Act (42 U.S.C. 262(a)(3)) in research in which a human embryo is intentionally created or modified to include a heritable genetic modification. Any such submission shall be deemed to have not been received by the Secretary, and the exemption may not go into effect. Sec. 743. In addition to amounts otherwise made available for ``Agricultural Research Service, Buildings and Facilities'', there is hereby appropriated $39,700,000 for construction and other costs to establish a Plant Germplasm Research Facility located at the University of Wisconsin-Madison, Madison, WI. Sec. 744. Out of amounts appropriated to the Food and Drug Administration under title VI, the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall, not later than September 30, 2022, and following the review required under Executive Order No. 12866 (5 U.S.C. 601 note; relating to regulatory planning and review), issue advice revising the advice provided in the notice of availability entitled ``Advice About Eating Fish, From the Environmental Protection Agency and Food and Drug Administration; Revised Fish Advice; Availability'' (82 Fed. Reg. 6571 (January 19, 2017)), in a manner that is consistent with nutrition science recognized by the Food and Drug Administration on the net effects of seafood consumption. Sec. 745. The Secretary of Agriculture may waive the matching funds requirement under Section 412(g) of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7632(g)). Sec. 746. There is hereby appropriated $2,000,000, to remain available until expended, for a pilot program for the Secretary to provide grants to qualified non-profit organizations and public housing authorities to provide technical assistance, including financial and legal services, to RHS multi-family housing borrowers to facilitate the acquisition of RHS multi-family housing properties in areas where the Secretary determines a risk of loss of affordable housing, by non- profit housing organizations and public housing authorities as authorized by law that commit to keep such properties in the RHS multi- family housing program for a period of time as determined by the Secretary. Sec. 747. There is hereby appropriated $3,000,000, to carry out section 4208 of Public Law 115-334, including for project locations in additional regions and timely completion of required reporting to Congress. Sec. 748. There is hereby appropriated $5,000,000 to carry out section 12301 of Public Law 115-334. Sec. 749. There is hereby appropriated $3,000,000, to carry out section 4003(b) of Public Law 115-334 relating to demonstration projects for Tribal Organizations. Sec. 750. In addition to amounts otherwise made available by this Act and notwithstanding the last sentence of 16 U.S.C. 1310, there is appropriated $4,000,000, to remain available until expended, to implement non-renewable agreements on eligible lands, including flooded agricultural lands, as determined by the Secretary, under the Water Bank Act (16 U.S.C. 1301-1311). Sec. 751. The Secretary shall set aside for Rural Economic Area Partnership (REAP) Zones, until August 15, 2022, an amount of funds made available in title III under the headings of Rural Housing Insurance Fund Program Account, Mutual and Self-Help Housing Grants, Rural Housing Assistance Grants, Rural Community Facilities Program Account, Rural Business Program Account, Rural Development Loan Fund Program Account, and Rural Water and Waste Disposal Program Account, equal to the amount obligated in REAP Zones with respect to funds provided under such headings in the most recent fiscal year any such funds were obligated under such headings for REAP Zones. Sec. 752. Hereafter, in response to an eligible community where the drinking water supplies are inadequate due to a natural disaster, as determined by the Secretary, including drought or severe weather, the Secretary may provide potable water through the Emergency Community Water Assistance Grant Program for an additional period of time not to exceed 120 days beyond the established period provided under the Program in order to protect public health. Sec. 753. There is hereby appropriated $5,000,000, to remain available until expended, to carry out section 2103 of Public Law 115- 334: Provided, That the Secretary shall prioritize the wetland compliance needs of areas with significant numbers of individual wetlands, wetland acres, and conservation compliance requests. Sec. 754. Notwithstanding any other provision of law, the acceptable market name of any engineered animal approved prior to the effective date of the National Bioengineered Food Disclosure Standard (February 19, 2019) shall include the words ``genetically engineered'' prior to the existing acceptable market name. Sec. 755. The Secretary, acting through the Chief of the Natural Resources Conservation Service, may use funds appropriated under this Act or any other Act for the Watershed and Flood Prevention Operations Program and the Watershed Rehabilitation Program carried out pursuant to the Watershed Protection and Flood Prevention Act (16 U.S.C. 1001 et seq.), and for the Emergency Watershed Protection Program carried out pursuant to section 403 of the Agricultural Credit Act of 1978 (16 U.S.C. 2203) to provide technical services for such programs pursuant to section 1252(a)(1) of the Food Security Act of 1985 (16 U.S.C. 3851(a)(1)), notwithstanding subsection (c) of such section. Sec. 756. None of the funds made available by this Act may be used to procure raw or processed poultry products imported into the United States from the People's Republic of China for use in the school lunch program under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.), the Child and Adult Care Food Program under section 17 of such Act (42 U.S.C. 1766), the Summer Food Service Program for Children under section 13 of such Act (42 U.S.C. 1761), or the school breakfast program under the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.). Sec. 757. For school year 2022-2023, only a school food authority that had a negative balance in the nonprofit school food service account as of December 31, 2020, shall be required to establish a price for paid lunches in accordance with section 12(p) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1760(p)). Sec. 758. (a) There is hereby appropriated $650,000,000, to remain available until expended, for an additional amount for section 779 of Public Law 115-141. (b) Section 313(b) of the Rural Electrification Act of 1936, as amended (7 U.S.C. 940c(b)), shall be applied for fiscal year 2022 and each fiscal year thereafter until the specified funding has been expended as if the following were inserted after the final period in subsection (b)(2): ``In addition, the Secretary shall use $425,000,000 of funds available in this subaccount in fiscal year 2019 for an additional amount for the same purpose and under the same terms and conditions as funds appropriated by section 779 of Public Law 115-141, shall use $255,000,000 of funds available in this subaccount in fiscal year 2020 for an additional amount for the same purpose and under the same terms and conditions as funds appropriated by section 779 of Public Law 115-141, shall use $104,000,000 of funds available in this subaccount in fiscal year 2021 for an additional amount for the same purpose and under the same terms and conditions as funds appropriated by section 779 of Public Law 115-141, and shall use $50,000,000 of funds available in this subaccount in fiscal year 2022 for an additional amount for the same purpose and under the same terms and conditions as funds appropriated by section 779 of Public Law 115- 141.'': Provided, That any use of such funds shall be treated as a reprogramming of funds under section 716 of this Act. (c) Section 775(b) of division A of Public Law 116-260 shall no longer apply. Sec. 759. There is hereby appropriated $400,000 to carry out section 1672(g)(4)(B) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5925(g)(4(B)) as amended by section 7209 of Public Law 115-334. Sec. 760. Section 7605(b) of the Agriculture Improvement Act of 2018 (7 U.S.C. 5940 note; Public Law 115-334) is amended by striking ``January 1, 2022'' and inserting ``January 1, 2023.''. Sec. 761. Section 9(i)(2) of the Food and Nutrition Act of 2008 (7 U.S.C. 2018(i)(2)) is amended by striking ``December 31, 2021'' and inserting ``December 31, 2022''. Sec. 762. There is hereby appropriated $1,000,000 to carry out the duties of the working group established under section 770 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2019 (Public Law 116-6; 133 Stat. 89). Sec. 763. (a) For the period beginning on the date of enactment of this Act through school year 2022-2023, with respect to the school lunch program established under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) or the school breakfast program established under the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) and final regulations published by the Department of Agriculture in the Federal Register on January 26, 2012 (77 Fed. Reg. 4088 et seq.), the Secretary of Agriculture shall allow States to grant an exemption from the whole grain requirements that took effect on or after July 1, 2014, and the States shall establish a process for evaluating and responding, in a reasonable amount of time, to requests for an exemption: Provided, That school food authorities demonstrate hardship, including financial hardship, in procuring specific whole grain products which are acceptable to the students and compliant with the whole grain-rich requirements: Provided further, That school food authorities shall comply with the applicable grain component or standard with respect to the school lunch or school breakfast program that was in effect prior to July 1, 2014. (b) For the period beginning on the date of enactment of this Act through school year 2022-2023, none of the funds appropriated or otherwise made available by this or any other Act shall be used to pay the salaries and expenses of personnel to implement any regulations under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.), the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), the Healthy, Hunger-Free Kids Act of 2010 (Public Law 111-296), or any other law that would require a reduction in the quantity of sodium contained in federally reimbursed meals, foods, and snacks sold in schools below Target 1 (as described in section 220.8(f)(3) of title 7, Code of Federal Regulations (or successor regulations)). (c) For the period beginning on the date of enactment of this Act through school year 2022-2023, notwithstanding any other provision of law, the Secretary shall allow States to grant special exemptions for the service of flavored, low-fat fluid milk in the school lunch program established under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) and the school breakfast program established under the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), and as a competitive food available on campus during the school day, to schools which demonstrate a reduction in student milk consumption or an increase in school milk waste. Sec. 764. None of the funds made available by this or any other act may be used to restrict the offering of low-fat (1 percent fat) flavored milk in the National School Lunch Program or School Breakfast Program, as long as such milk is not inconsistent with the most recent Dietary Guidelines for Americans published under section 301 of the National Nutrition Monitoring and Related Research Act of 1990. Sec. 765. In administering the pilot program established by section 779 of division A of the Consolidated Appropriations Act, 2018 (Public Law 115-141), the Secretary of Agriculture may, for purposes of determining entities eligible to receive assistance, consider those communities which are ``Areas Rural in Character'': Provided, That not more than 10 percent of the funds made available by section 758 may be used for this purpose. Sec. 766. There is hereby appropriated $24,525,000 for the Goodfellow Federal facility, to remain available until expended, of which $12,000,000 shall be transferred to and merged with the appropriation for ``Office of the Chief Information Officer'' and of which $12,525,000 shall be transferred to and merged with the appropriation for ``Food Safety and Inspection Service''. Sec. 767. (a) There is hereby appropriated $3,000,000, to remain available until expended, for a pilot program for the Animal and Plant Health Inspection Service to provide grants to State departments of agriculture and forestry commissions in states identified in the final environmental assessment published in the Federal Register on September 23, 2020 (85 Fed. Reg. 59735), to combat and treat cogongrass through established cogongrass control programs. (b) Not to exceed 2 percent of the funds provided under this section shall be available for necessary costs of grant administration. Sec. 768. Section 764(d)(3)(B) of division N of Public Law 116-260 is amended by inserting ``and fiscal year 2022'' after ``fiscal year 2021'' and before the final period. Sec. 769. Section 6402(f) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 1632b(f)) is amended in the matter preceding paragraph (1) by striking ``section 210A(d)(2)'' and inserting ``section 210A(d)(5)(D)''. Sec. 770. For an additional amount for the Office of the Secretary, $30,000,000, to remain available until expended, to establish an Institute for Rural Partnerships: Provided, That the Secretary shall establish a grant program and distribute the funds to three geographically diverse established land-grant universities: Provided further, That the Institute for Rural Partnerships shall dedicate resources to researching the causes and conditions of challenges facing rural areas, and develop community partnerships to address such challenges: Provided further, That administrative or other fees shall not exceed one percent: Provided further, That such partnership shall coordinate and publish an annual report. Sec. 771. There is hereby appropriated $1,000,000, to remain available until September 30, 2023, for a Cattle Contracts Library pilot program that the Agricultural Marketing Service shall develop and maintain. This program shall be similar, as determined by the Secretary, to the swine contract library the U.S. Department of Agriculture currently maintains pursuant to section 222 of the Packers and Stockyards Act (7 U.S.C. 198a). The promulgation of the regulations and administration of this section shall be made without regard to: (1) the notice and comment provisions of section 553 of title 5; and (2) chapter 35 of title 44 (commonly known as the ``Paperwork Reduction Act''). Sec. 772. There is hereby appropriated $10,000,000, to remain available until expended, for costs associated with the establishment of an Institute of Rural Partnership, located at the University of Vermont, Burlington, VT. Sec. 773. For an additional amount for the ``Office of the Secretary'', $7,030,000,000, which shall remain available until December 31, 2023, for necessary expenses related to losses of crops (including milk, on-farm stored commodities, crops prevented from planting in 2020 and 2021, and harvested adulterated wine grapes), trees, bushes, and vines, as a consequence of droughts, wildfires, hurricanes, floods, derechos, winter storms, smoke exposure, quality losses of crops, and excessive moisture occurring in calendar years 2020 and 2021 under such terms and conditions as determined by the Secretary: Provided, That losses due to drought shall only be eligible under this section if any area within the county in which the loss occurs was rated by the U.S. Drought Monitor as having a D3 (Extreme Drought) or higher level of drought intensity during the applicable calendar years: Provided further, That of the amounts provided in this section, the Secretary shall use $750,000,000 to provide assistance to producers of livestock, as determined by the Secretary of Agriculture, for losses incurred during calendar year 2021 due to drought or wildfires: Provided further, That at the election of a processor eligible for a loan under section 156 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7272) or a cooperative processor of dairy, the Secretary shall make payments for losses in 2021 to such processors (to be paid to producer members, as determined by such processors) in lieu of payments to producers and under the same terms and conditions as payments made to processors pursuant to Title I of the Additional Supplemental Appropriations for Disaster Relief Act, 2019 (Public Law 116-20) under the heading ``Department of Agriculture--Agricultural Programs--Processing, Research and Marketing--Office of the Secretary'', as last amended by section 791(c) of title VII of division B of the Further Consolidated Appropriations Act, 2020 (Public Law 116-94): Provided further, That notwithstanding section 760.1503(j) of title 7 of the Code of Federal Regulations, in the event that a processor described in the preceding proviso does not elect to receive payments under such clause, the Secretary shall make direct payments to producers under this section: Provided further, That of the amounts provided in this section, not more than $20,000,000 may be used for administrative costs to carry out this section: Provided further, That the total amount of payments received under this section and applicable policies of crop insurance under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) or the Noninsured Crop Disaster Assistance Program (NAP) under section 196 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333) shall not exceed 90 percent of the loss as determined by the Secretary: Provided further, That the total amount of payments received under this section for producers who did not obtain a policy or plan of insurance for an insurable commodity for the applicable crop year under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) for the crop incurring the losses or did not file the required paperwork and pay the service fee by the applicable State filing deadline for a noninsurable commodity for the applicable crop year under NAP for the crop incurring the losses shall not exceed 70 percent of the loss as determined by the Secretary: Provided further, That producers receiving payments under this section, as determined by the Secretary, shall be required to purchase crop insurance where crop insurance is available for the next two available crop years and producers receiving payments under this section shall be required to purchase coverage under NAP where crop insurance is not available in the next two available crop years, as determined by the Secretary: Provided further, That not later than 120 days after the end of fiscal year 2021, the Secretary shall submit a report to the Congress specifying the type, amount, and method of such assistance by state and territory: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985. Sec. 774. None of the funds made available by this Act may be used to pay the salaries or expenses of personnel-- (1) to inspect horses under section 3 of the Federal Meat Inspection Act (21 U.S.C. 603); (2) to inspect horses under section 903 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 1901 note; Public Law 104-127); or (3) to implement or enforce section 352.19 of title 9, Code of Federal Regulations (or a successor regulation). Sec. 775. Notwithstanding any provision of law that regulates the calculation and payment of overtime and holiday pay for FSIS inspectors, the Secretary may charge establishments subject to the inspection requirements of the Poultry Products Inspection Act, 21 U.S.C. Sec. 451 et seq., the Federal Meat Inspection Act, 21 U.S.C. Sec. 601 et seq, and the Egg Products Inspection Act, 21 U.S.C. Sec. 1031 et seq., for the cost of inspection services provided outside of an establishment's approved inspection shifts, and for inspection services provided on Federal holidays: Provided, That any sums charged pursuant to this paragraph shall be deemed as overtime pay or holiday pay under section 1001(d) of the American Rescue Plan Act of 2021 (Pubic Law 117-2, 135 Stat. 242): Provided further, That sums received by the Secretary under this paragraph shall, in addition to other available funds, remain available until expended to the Secretary without further appropriation for the purpose of funding all costs associated with FSIS inspections. Sec. 776. There is hereby appropriated $1,000,000, to remain available until expended: Provided, That funds provided under this section shall be for grants to the Southwest Border Regional Commission (40 U.S.C. 15301 et seq.) for any Rural Community Advancement Program purpose as described in section 381E(d) of the Consolidated Farm and Rural Development Act, of which not more than 5 percent may be used for administrative expenses. This Act may be cited as the ``Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2022''. Calendar No. 113 117th CONGRESS 1st Session S. 2599 [Report No. 117-34] _______________________________________________________________________

Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2022

An original bill making appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies for the fiscal year ending September 30, 2022, and for other purposes.

Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2022 Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2022

Sen. Baldwin, Tammy

D

WI

H.J.Res.86

Crime and Law Enforcement

This joint resolution nullifies a Bureau of Alcohol, Tobacco, Firearms and Explosives rule published on April 26, 2022, concerning regulatory definitions and identification of firearms.

117th CONGRESS 2d Session H. J. RES. 86 Providing for congressional disapproval under chapter 8 of title 5, United States Code, of a rule submitted by the Department of Justice relating to ``Definition of `Frame or Receiver' and Identification of Firearms''. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 6, 2022 Mrs. McClain (for herself, Mr. Arrington, Mr. Bergman, Mr. Biggs, Mr. Bilirakis, Mr. Bishop of North Carolina, Mrs. Boebert, Mr. Budd, Mr. Carter of Georgia, Mr. Cloud, Mr. Clyde, Mr. Crawford, Mr. Duncan, Mr. Gohmert, Mr. Good of Virginia, Mr. Harris, Mrs. Hartzler, Mr. Hice of Georgia, Mr. Johnson of South Dakota, Mr. Lamborn, Mr. Long, Mr. McClintock, Mr. McKinley, Mrs. Miller of Illinois, Mr. Moolenaar, Mr. Mooney, Mr. Murphy of North Carolina, Mr. Norman, Mr. Perry, Mr. Pfluger, Mr. Rosendale, Ms. Stefanik, Mr. Steube, Mr. Thompson of Pennsylvania, Mr. Tiffany, Mr. Timmons, Mr. Keller, Mr. Dunn, Mr. Fulcher, Mr. Moore of Alabama, Mrs. Fischbach, and Mr. Babin) submitted the following joint resolution; which was referred to the Committee on the Judiciary _______________________________________________________________________ JOINT RESOLUTION Providing for congressional disapproval under chapter 8 of title 5, United States Code, of a rule submitted by the Department of Justice relating to ``Definition of `Frame or Receiver' and Identification of Firearms''. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That Congress disapproves the rule submitted by the Department of Justice relating to ``Definition of `Frame or Receiver' and Identification of Firearms'' (published at 87 Fed. Reg. 24652 (April 26, 2022)), and such rule shall have no force or effect. <all>

Providing for congressional disapproval under chapter 8 of title 5, United States Code, of a rule submitted by the Department of Justice relating to "Definition of 'Frame or Receiver' and Identification of Firearms".

Providing for congressional disapproval under chapter 8 of title 5, United States Code, of a rule submitted by the Department of Justice relating to "Definition of 'Frame or Receiver' and Identification of Firearms".

Official Titles - House of Representatives Official Title as Introduced Providing for congressional disapproval under chapter 8 of title 5, United States Code, of a rule submitted by the Department of Justice relating to "Definition of 'Frame or Receiver' and Identification of Firearms".

Rep. McClain, Lisa C.

R

MI

S.1482

Government Operations and Politics

Administrative Pay-As-You-Go Act of 2021 This bill provides statutory authority for the Office of Management and Budget (OMB) requirement that federal agencies must submit at least one proposal for reducing direct spending before taking a discretionary administrative action that increases direct spending. Further, an agency must submit to the OMB its legal basis for concluding that a proposed administrative action is nondiscretionary and, therefore, not subject to this requirement.

To increase Government accountability for administrative actions by reinvigorating administrative Pay-As-You-Go. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Administrative Pay-As-You-Go Act of 2021''. SEC. 2. DEFINITIONS. In this Act-- (1) the term ``administrative action'' includes the issuance of a rule, demonstration, program notice, or guidance by an agency; (2) the term ``agency''-- (A) means-- (i) an ``Executive agency'', as defined under section 105 of title 5, United States Code; or (ii) a ``military department'', as defined under section 102 of title 5, United States Code; and (B) does not include the Government Accountability Office; (3) the term ``covered discretionary administrative action'' means a discretionary administrative action that would effect direct spending; (4) the term ``direct spending'' has the meaning given that term in section 250(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900(c)); (5) the term ``Director'' means the Director of the Office of Management and Budget; (6) the term ``discretionary administrative action''-- (A) means any administrative action that is not required by statute; and (B) includes an administrative action required by statute for which an agency has discretion in the manner in which to implement the administrative action; and (7) the term ``increase direct spending'' means that the amount of direct spending would increase relative to-- (A) the most recently submitted projection of the amount of direct spending under current law under-- (i) the budget of the President submitted under section 1105 of title 31, United States Code; or (ii) the supplemental summary of the budget submitted under section 1106, of title 31, United States Code; (B) with respect to a discretionary administrative action that is incorporated into the applicable projection described in subparagraph (A) and for which a proposal has not been submitted under section 4(a)(2)(A), a projection of the amount of direct spending if no administrative action were taken; or (C) with respect to a discretionary administrative action described in paragraph (6)(B), a projection of the amount of direct spending under the least costly implementation option that meets the requirements under the statute. SEC. 3. FINDINGS; PURPOSES. (a) Findings.--Congress finds the following: (1) In May 2005, the Office of Management and Budget implemented a budget-neutrality requirement for executive branch administrative actions affecting direct spending. (2) This mechanism, commonly referred to as ``Administrative Pay-As-You-Go'', requires each agency to include 1 or more proposals for reducing direct spending whenever an agency proposes to undertake a discretionary administrative action that would increase direct spending. (3) In practice, however, agencies have applied this requirement with varying degrees of stringency, sometimes resulting in higher direct spending. (b) Purposes.--The purposes of this Act are to-- (1) institutionalize and reinvigorate Administrative Pay- As-You-Go to keep direct spending under control; (2) control Federal spending and restore the Nation's fiscal security; and (3) ensure that agencies consider the costs of their administrative actions, take steps to offset those costs, and curtail costly administrative actions. SEC. 4. REQUIREMENTS FOR ADMINISTRATIVE ACTIONS THAT EFFECT DIRECT SPENDING. (a) Discretionary Administrative Actions.-- (1) In general.--Before an agency may undertake any covered discretionary administrative action, the head of the agency shall submit to the Director for review written notice regarding the proposed covered discretionary administrative action, which shall include an estimate of the budgetary effects of the proposed covered discretionary administrative action. (2) Increasing direct spending.-- (A) In general.--If an agency proposes to take a covered discretionary administrative action that would increase direct spending, the written notice submitted by the head of the agency under paragraph (1) shall include a proposal to undertake 1 or more other administrative actions that would provide a reduction in direct spending comparable to the increase in direct spending attributable to the covered discretionary administrative action. (B) Review.-- (i) In general.--The Director shall have the discretion to determine whether the reduction in direct spending proposed by an agency under subparagraph (A) is comparable to the increase in direct spending attributable to the covered discretionary administrative action to which the proposal relates, taking into account the magnitude of the reduction and the increase and any other factors the Director determines appropriate. (ii) No offset.--If the written notice regarding a proposed covered discretionary administrative action that would increase direct spending does not include a proposal to offset the increased direct spending, the Director shall return the proposal to the agency for resubmission in accordance with this Act. (b) Nondiscretionary Actions.--If an agency determines that a proposed administrative action that would increase direct spending is required by statute and therefore is not a covered discretionary administrative action, before the agency takes further action with respect to the proposed administrative action, the head of the agency shall-- (1) submit to the Director a written opinion by the general counsel of the agency, or the equivalent employee of the agency, explaining that legal conclusion; and (2) consult with the Director regarding implementation of the proposed administrative action. (c) Projections.--Any projection for purposes of this Act shall be conducted in accordance with Office of Management and Budget Circular A-11, or any successor thereto. SEC. 5. ISSUANCE OF ADMINISTRATIVE GUIDANCE. Not later than 90 days after the date of enactment of this Act, the Director shall issue instructions regarding the implementation of this Act, including how proposed covered discretionary administrative actions that increase direct spending and non-tax receipts will be evaluated. SEC. 6. WAIVER. The Director may waive the requirements of section 4 if the Director concludes that the waiver is necessary-- (1) for the delivery of essential services; (2) for effective program delivery; or (3) because a waiver is otherwise warranted by the public interest. <all>

Administrative Pay-As-You-Go Act of 2021

A bill to increase Government accountability for administrative actions by reinvigorating administrative Pay-As-You-Go.

Administrative Pay-As-You-Go Act of 2021

Sen. Braun, Mike

R

IN

H.R.4341

Health

CARA 3.0 Act of 2021 This bill addresses substance use disorders by expanding access to treatment and recovery services, providing for housing protections, and requiring other activities. Specifically, the bill reauthorizes, establishes, and expands support for treatment and recovery services. This includes increasing access to treatment in the criminal justice system and other settings and for particular populations, such as pregnant and postpartum individuals and youth and young adults. Additionally, the bill expands Medicare and Medicaid coverage for treatment, including by expanding telehealth access to medication to treat substance use disorders. The bill also temporarily requires that non-opioid pain treatment options be reimbursed separately, instead of on a packaged basis, under Medicare. As a condition of receiving certain federal funding, states must mandate the use of prescription drug monitoring programs (PDMPs) by prescribers and dispensers and impose additional PDMP requirements. Moreover, prescribers of potentially addictive drugs must complete continuing education requirements. The bill also revises the registration process for providers who prescribe certain medications to treat substance use disorders, including by eliminating the provider's patient limit for such medications. In addition, the Substance Abuse and Mental Health Services Administration must carry out activities to promote access to high-quality recovery housing. The bill also sets out protections for individuals with substance use disorders who live in, or apply to live in, federally assisted housing. Furthermore, the bill requires other activities to address substance use, such as support for workforce education and training; public awareness campaigns and similar outreach; and research on prevention strategies, insurance coverage, and treatment modalities.

To provide support with respect to the prevention of, treatment for, and recovery from, substance use disorder. 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 ``CARA 3.0 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. TITLE I--EDUCATION, PREVENTION, AND RESEARCH Sec. 101. National Education Campaign. Sec. 102. Research into non-opioid pain management. Sec. 103. Long-term treatment and recovery support services research. Sec. 104. National Commission for Excellence on Post-Overdose Response. Sec. 105. Workforce for prevention, treatment, and recovery support services. Sec. 106. Reauthorization of community-based coalition enhancement grants to address local drug crises. Sec. 107. Access to non-opioid treatments for pain. TITLE II--TREATMENT Sec. 201. Evidence-based substance use disorder treatment and intervention demonstrations. Sec. 202. Improving treatment for pregnant, postpartum, and parenting women. Sec. 203. Require the use of prescription drug monitoring programs. Sec. 204. Prescriber education. Sec. 205. Prohibition of utilization control policies or procedures for medication-assisted treatment under Medicaid. Sec. 206. Medication-assisted treatment for recovery from substance use disorder. Sec. 207. Telehealth response for e-prescribing addiction therapy services. Sec. 208. Pilot program on expanding access to treatment. Sec. 209. Reauthorization of PRAC Ed grant program. Sec. 210. GAO study on parity. Sec. 211. Improving substance use disorder prevention workforce act. TITLE III--RECOVERY Subtitle A--General Provisions Sec. 301. Building communities of recovery. Sec. 302. Recovery in the workplace. Sec. 303. National youth and young adult recovery initiative. Subtitle B--Recovery Housing Sec. 311. Clarifying the role of SAMHSA in promoting the availability of high-quality recovery housing. Sec. 312. Developing guidelines for States to promote the availability of high-quality recovery housing. Sec. 313. Coordination of Federal activities to promote the availability of high-quality recovery housing. Sec. 314. NAS study and report. Sec. 315. Filling research and data gaps. Sec. 316. Grants for States to promote the availability of high-quality recovery housing. Sec. 317. Reputable providers and analysts of recovery housing services definition. Sec. 318. Technical correction. TITLE IV--CRIMINAL JUSTICE Sec. 401. Medication-Assisted Treatment Corrections and Community Reentry Program. Sec. 402. Deflection and pre-arrest diversion. Sec. 403. Housing. Sec. 404. Veterans treatment courts. Sec. 405. Infrastructure for reentry. SEC. 2. FINDINGS. Congress finds as follows: (1) In the 1980s and 1990s, pharmaceutical companies began developing new drugs for pain treatment, including extended release oxycodone. These companies aggressively marketed these drugs to the medical community as a way to address ``under- treatment'' of physical pain. Drug companies distributed 76,000,000,000 oxycodone and hydrocodone pain pills nationwide from 2006 to 2012. (2) The combination of a rising number of prescriptions, misinformation about the addictive properties of prescription opioids, and the perception that prescription drugs are less harmful than illicit drugs has caused an increase in drug misuse. (3) As legitimate production and illegal diversion of opioids skyrocketed, so did the number of opioid overdose deaths. From 1999 to 2017, almost 218,000 people died in the United States from overdoses related to prescription opioids. More recently, fentanyl, a powerful synthetic opioid, surpassed prescription opioids as the most lethal overdose substance and now is linked to nearly 3 times as many deaths. (4) The scale of the opioid crisis is staggering: (A) In 2018, approximately 10,300,000 people in the United States age 12 and older misused opioids. (B) On average, 130 people in the United States die every day from an opioid overdose. (C) The opioid crisis has cost the United States economy at least $631,000,000,000. (D) From 2013 to 2017, the number of children in foster care nationwide increased 10 percent to nearly 442,995. Parental drug use was cited as a factor in 36 percent of cases. (5) The opioid crisis has also led to a cascade of other negative health impacts. For example, syringe sharing among people who inject drugs has led to increases in hepatitis C virus infections and infective endocarditis, as well as localized HIV outbreaks. (6) The United States health care system has struggled to catch up to the crisis: (A) The majority of people in the United States with an opioid use disorder do not receive substance use treatment, and many who do receive such treatment do not receive evidence-based treatment. Although medication-assisted treatment has been endorsed by the National Institutes of Health and the World Health Organization, only one-third of treatment programs offer any of the 3 drugs approved by the Food and Drug Administration for the treatment of opioid use disorder, and just 6 percent of medication-offering facilities provide all 3. (B) Facilities that provide medications for the treatment of opioid disorder are concentrated in the Northeast and Southwest, leaving many of the areas hit hardest by the opioid crisis without access to evidence-based treatment. The need is particularly acute in rural areas, which often do not have enough providers to meet the demand. (C) Unlike other health care needs, substance use treatment is largely funded by State and local revenues and Federal block grants, rather than the Medicare program, the Medicaid program, and private insurance. (D) While new substances, particularly synthetic drugs, continue to make inroads into communities in the United States, funding streams are often dedicated to particular substances, limiting providers' ability to adapt to changing needs. (E) The stigma associated with substance use disorder prevents people from seeking treatment. Too often, people enter substance use treatment only after committing a criminal offense, whether through a court mandate, as a condition of parole or probation supervision, or as a condition of regaining employment after conviction. In 2003, 36 percent of all substance use treatment admissions, 40 percent of all alcohol abuse treatment admissions, and 57 percent of all marijuana use treatment admissions were referrals from the criminal justice system. (F) The stigma of substance use disorder also limits people's ability to find jobs and housing. These obstacles are exacerbated by the criminalization of substance use disorder--even convictions for drug possession for personal use can create lifelong collateral consequences. The absence of stable housing and employment make it even more difficult for people to live drug free. (7) Not all people in the United States have equal access to substance use treatment in the community. Current research has found that Black and Latinx Americans are less likely to receive substance use treatment when controlling for other relevant factors, like socioeconomic status. (8) Inadequate access to substance use treatment can exacerbate other health disparities. Individuals with substance use disorders have higher rates of suicide attempts than individuals in the general population, high health care expenses, and significant disability. (9) A comprehensive public health approach that tackles both the causes and the consequences of substance use disorder is necessary to stem the tide. TITLE I--EDUCATION, PREVENTION, AND RESEARCH SEC. 101. NATIONAL EDUCATION CAMPAIGN. Section 102 of the Comprehensive Addiction and Recovery Act of 2016 (42 U.S.C. 290bb-25g) is amended-- (1) in subsection (a), by inserting ``or other controlled substances (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802))'' after ``opioids'' each place such term appears; (2) in subsection (b), by striking ``opioid'' each place it appears and inserting ``substance''; (3) in subsection (c)-- (A) in paragraph (2), by striking ``and'' at the end; (B) in paragraph (3), by striking the period and inserting a semicolon; and (C) by adding at the end the following: ``(4) use destigmatizing language promoting humane and culturally competent (as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15002)) treatment of all individuals who experience substance use disorder, including such individuals who use medication-assisted treatment for recovery purposes; ``(5) educate stakeholders on the evidence base and validation of harm reduction and where to obtain harm reduction services; ``(6) include information about polysubstance use; and ``(7) include information about prevention and treatment using medication-assisted treatment and recovery support.''; and (4) by adding at the end the following: ``(d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2022 through 2026.''. SEC. 102. RESEARCH INTO NON-OPIOID PAIN MANAGEMENT. (a) In General.--The Secretary of Health and Human Services, acting through the Director of the National Institutes of Health and the Director of the Centers for Disease Control and Prevention, shall carry out research with respect to non-opioid methods of pain management, including non-pharmaceutical remedies for pain and integrative medicine solutions. (b) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2022 through 2026. SEC. 103. LONG-TERM TREATMENT AND RECOVERY SUPPORT SERVICES RESEARCH. (a) In General.--The Secretary of Health and Human Services shall award grants to eligible entities to carry out evidence-based research, over 5-year periods, for different modalities of treatment and recovery support for substance use disorder, including culturally competent (as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2001 (42 U.S.C. 15002)) treatment. (b) Research Requirements.--An eligible entity receiving grant funds to carry out evidence-based research under subsection (a) shall, with respect to such research-- (1) measure-- (A) mortality and morbidity; (B) physical and emotional health; (C) employment; (D) stable housing; (E) criminal justice involvement; (F) family relationships; and (G) other quality-of-life measures; and (2) distinguish long-term outcomes based on-- (A) race; (B) gender; (C) socioeconomic status; and (D) other relevant characteristics. (c) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated such sums as may be necessary. SEC. 104. NATIONAL COMMISSION FOR EXCELLENCE ON POST-OVERDOSE RESPONSE. (a) Establishment.--The Assistant Secretary of Health and Human Services for Mental Health and Substance Use (referred to in this section as the ``Assistant Secretary''), in consultation with the Director of the Office of National Drug Control Policy, and the President of the National Academy of Medicine, shall establish an advisory commission to be known as the National Commission for Excellence on Post-Overdose Response (in this section referred to as the ``Commission''). (b) Duties.--The Commission shall-- (1) improve the quality and safety of care for individuals who experience substance use disorder and have experienced drug overdose by providing evidence, practical tools, and other resources for healthcare experts, including-- (A) researchers and evaluators; (B) clinicians and clinical teams; (C) quality improvement experts; and (D) healthcare decision makers; (2) advise the healthcare experts described in paragraph (1) on-- (A) achieving equitable outcomes with respect to race and socioeconomic status; and (B) effectively and appropriately reducing the rate of-- (i) inpatient hospital admissions where equivalent services are available to treat patients in a similar condition through outpatient hospital visits or non-hospital treatment facilities; (ii) emergency department admissions; and (iii) other adverse events related to care for individuals described in such paragraph; and (3) develop best practices and clinical practice guidelines for improving the quality and safety of care for individuals who experience substance use disorder and have experienced drug overdose, that are culturally competent (as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15002)). (c) Membership.--The members of the Commission shall include-- (1) a representative of the Substance Abuse and Mental Health Services Administration; (2) a representative of the Office of National Drug Control Policy; (3) a representative of the National Academy of Medicine; (4) a representative of the National Institute on Drug Abuse; (5) a substance use disorder specialist appointed by the Assistant Secretary; (6) a peer recovery specialist appointed by the Assistant Secretary; (7) an individual with experience in harm reduction; and (8) any other individual that the Assistant Secretary determines appropriate. (d) Sunset.--The Commission shall terminate on the date that is 10 years after the date of the enactment of this Act. SEC. 105. WORKFORCE FOR PREVENTION, TREATMENT, AND RECOVERY SUPPORT SERVICES. (a) Employment and Training Services.--Subpart 2 of part B of title V of the Public Health Service Act (42 U.S.C. 290bb-21 et seq.) is amended by adding at the end the following: ``SEC. 519E. EMPLOYMENT AND TRAINING SERVICES. ``(a) In General.--The Director of the Prevention Center shall-- ``(1) beginning not later than 30 days after the date of enactment of this Act, award grants or enter into contracts with eligible entities to support employment and training services for substance use treatment professionals, including peer recovery specialists; and ``(2) subject to the availability of funds appropriated pursuant to subsection (d), not later than 45 days after the date on which an entity submits an application that meets the requirements of the Secretary under this section, award funds under this section to such entity. ``(b) Application.--An eligible entity desiring a grant under this section shall submit to the Director of the Prevention Center an application at such time, in such manner, and containing such information as the Director may require. ``(c) Minimum.--A recipient shall use not less than 15 percent of funds awarded under subsection (a) for activities related to retention of substance use treatment professionals. ``(d) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2022 through 2026.''. (b) Funding for Mental and Behavioral Health Education and Training Grants.--Section 756(f) of the Public Health Service Act (42 U.S.C. 294e-1(f)) is amended-- (1) in the matter preceding paragraph (1), by striking ``$50,000,000'' and inserting ``$55,000,000''; and (2) by adding at the end the following: ``(5) For continuing education and other activities to increase retention and to strengthen the substance use disorder workforce, $5,000,000.''. SEC. 106. REAUTHORIZATION OF COMMUNITY-BASED COALITION ENHANCEMENT GRANTS TO ADDRESS LOCAL DRUG CRISES. Section 103(i) of the Comprehensive Addiction and Recovery Act of 2016 (21 U.S.C. 1536(i)) is amended by striking the period at the end and inserting ``, and $10,000,000 for each of fiscal years 2022 through 2026.''. SEC. 107. ACCESS TO NON-OPIOID TREATMENTS FOR PAIN. (a) In General.--Section 1833(t) of the Social Security Act (42 U.S.C. 1395l(t)) is amended-- (1) in paragraph (2)(E), by inserting ``, separate payments for non-opioid treatments under paragraph (16)(G), and'' after ``payments under paragraph (6) and''; and (2) in paragraph (16), by adding at the end the following new subparagraph: ``(G) Access to non-opioid treatments for pain.-- ``(i) In general.--Notwithstanding any other provision of this subsection, with respect to a covered OPD service (or group of services) furnished on or after January 1, 2022, and before January 1, 2027, the Secretary shall not package, and shall make a separate payment as specified in clause (ii) for, a non- opioid treatment (as defined in clause (iii)) furnished as part of such service (or group of services). ``(ii) Amount of payment.--The amount of the payment specified in this clause is, with respect to a non-opioid treatment that is-- ``(I) a drug or biological product, the amount of payment for such drug or biological determined under section 1847A; or ``(II) a medical device, the amount of the hospital's charges for the device, adjusted to cost. ``(iii) Definition of non-opioid treatment.--A `non-opioid treatment' means-- ``(I) a drug or biological product that is indicated to produce analgesia without acting upon the body's opioid receptors; or ``(II) an implantable, reusable, or disposable medical device cleared or approved by the Administrator for Food and Drugs for the intended use of managing or treating pain; that has demonstrated the ability to replace, reduce, or avoid opioid use or the quantity of opioids prescribed in a clinical trial or through data published in a peer-reviewed journal.''. (b) Ambulatory Surgical Center Payment System.--Section 1833(i)(2)(D) of the Social Security Act (42 U.S.C. 1395l(i)(2)(D)) is amended-- (1) by aligning the margins of clause (v) with the margins of clause (iv); (2) by redesignating clause (vi) as clause (vii); and (3) by inserting after clause (v) the following new clause: ``(vi) In the case of surgical services furnished on or after January 1, 2022, and before January 1, 2027, the payment system described in clause (i) shall provide, in a budget-neutral manner, for a separate payment for a non-opioid treatment (as defined in clause (iii) of subsection (t)(16)(G)) furnished as part of such services in the amount specified in clause (ii) of such subsection.''. (c) Evaluation of Therapeutic Services for Pain Management.-- (1) Report to congress.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services, acting through the Administrator of the Centers for Medicare & Medicaid Services, shall submit to Congress a report on-- (A) limitations, gaps, barriers to access, or deficits in coverage under the Medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) or reimbursement for restorative therapies, behavioral approaches, and complementary and integrative health services that-- (i) are identified by the Pain Management Best Practices Inter-Agency Task Force under section 101 of the Comprehensive Addiction and Recovery Act of 2016 (42 U.S.C. 201 note); and (ii) have demonstrated the ability to replace or reduce opioid consumption; and (B) recommendations to address the limitations, gaps, barriers to access, or deficits identified under subparagraph (A) to improve such coverage and reimbursement for such therapies, approaches, and services. (2) Public consultation.--In developing the report described in paragraph (1), the Secretary of Health and Human Services shall consult with appropriate entities as determined by the Secretary. (3) Exclusive treatment.--Any drug, biological product, or medical device that is a non-opioid treatment (as defined in section 1833(t)(16)(G)(iii) of the Social Security Act, as added by subsection (a)) shall not be considered a therapeutic service for the purpose of the report described in paragraph (1). TITLE II--TREATMENT SEC. 201. EVIDENCE-BASED SUBSTANCE USE DISORDER TREATMENT AND INTERVENTION DEMONSTRATIONS. Section 514B of the Public Health Service Act (42 U.S.C. 290bb-10) is amended-- (1) in subsection (a), by adding at the end the following: ``(3) Use of funds for training.--Funds awarded under paragraph (1) may be used by a recipient for training emergency room technicians, physicians, nurses, or other health care professionals on identifying the presence of substance use disorders; how effectively to engage with, intervene with respect to, and refer patients for assessment and specialized substance use disorder care, including medication-assisted treatment and care for co-occurring disorders; and offering peer-based interventions in the emergency room and other health care environments to connect people to clinical and community- based supports for substance use disorder.''; (2) in subsection (d), by inserting ``, and Indian tribes and tribal organizations (as defined in section 4 of the Indian Self-Determination and Education Assistance Act)'' before the period of the first sentence; and (3) in subsection (f), by striking ``$25,000,000 for each of fiscal years 2017 through 2021'' and inserting ``$300,000,000 for each of fiscal years 2022 through 2026''. SEC. 202. IMPROVING TREATMENT FOR PREGNANT, POSTPARTUM, AND PARENTING WOMEN. Section 508 of the Public Health Service Act (42 U.S.C. 290bb-1) is amended-- (1) in subsection (m)-- (A) by striking ``that agrees to use'' and inserting ``that agrees-- ``(1) to use''; (B) by striking the period at the end and inserting ``; or''; and (C) by adding at the end the following: ``(2) to-- ``(A) allow participation in the program supported by the award by individuals taking a drug or combination of drugs approved by the Food and Drug Administration as a medication for addiction treatment, including such individuals taking an opioid agonist; ``(B) provide culturally competent services (as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000); ``(C) ensure flexible lengths of stay in the treatment program; and ``(D) use peer recovery advocates in the program supported by the award.''; (2) in subsection (p), by inserting ``, and demographic data on the individuals served by programs funded under this section and case outcomes, as reported to the Director by award recipients'' before the period at the end of the third sentence; and (3) in subsection (s), by striking ``$29,931,000 for each of fiscal years 2019 through 2023'' and inserting ``100,000,000 for each of fiscal years 2022 through 2026''. SEC. 203. REQUIRE THE USE OF PRESCRIPTION DRUG MONITORING PROGRAMS. (a) Definitions.--In this section: (1) Controlled substance.--The term ``controlled substance'' has the meaning given the term in section 102 of the Controlled Substances Act (21 U.S.C. 802). (2) Covered state.--The term ``covered State'' means a State that receives funding under the Harold Rogers Prescription Drug Monitoring Program established under the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2002 (Public Law 107-77; 115 Stat. 748), under this Act (or an amendment made by this Act), or under the controlled substance monitoring program under section 399O of the Public Health Service Act (42 U.S.C. 280g-3). (3) Dispenser.--The term ``dispenser''-- (A) means a person licensed or otherwise authorized by a State to deliver a prescription drug product to a patient or an agent of the patient; and (B) does not include a person involved in oversight or payment for prescription drugs. (4) PDMP.--The term ``PDMP'' means a prescription drug monitoring program. (5) Practitioner.--The term ``practitioner'' means a practitioner registered under section 303(f) of the Controlled Substances Act (21 U.S.C. 823(f)) to prescribe, administer, or dispense controlled substances. (6) State.--The term ``State'' means each of the several States and the District of Columbia. (b) In General.--Beginning 1 year after the date of enactment of this Act, each covered State shall require-- (1) each prescribing practitioner within the covered State or their designee, who shall be licensed or registered healthcare professionals or other employees who report directly to the practitioner, to consult the PDMP of the covered State before initiating treatment with a prescription for a controlled substance listed in schedule II, III, or IV of section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)), and every 3 months thereafter as long as the treatment continues; (2) the PDMP of the covered State to provide proactive notification to a practitioner when patterns indicative of controlled substance misuse, including opioid misuse, are detected; (3) each dispenser within the covered State to report each prescription for a controlled substance dispensed by the dispenser to the PDMP not later than 24 hours after the controlled substance is dispensed to the patient; (4) that the PDMP make available a quarterly de-identified data set and an annual report for public and private use, including use by healthcare providers, health plans and health benefits administrators, State agencies, and researchers, which shall, at a minimum, meet requirements established by the Attorney General, in coordination with the Secretary of Health and Human Services; (5) each State agency that administers the PDMP to-- (A) proactively analyze data available through the PDMP; and (B) provide reports to prescriber licensing boards describing any prescribing practitioner that repeatedly fall outside of expected norms or standard practices for the prescribing practitioner's field; and (6) that the data contained in the PDMP of the covered State be made available to other States. (c) Noncompliance.--If a covered State fails to comply with subsection (a), the Attorney General or the Secretary of Health and Human Services may withhold grant funds from being awarded to the covered State under the Harold Rogers Prescription Drug Monitoring Program established under the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2002 (Public Law 107-77; 115 Stat. 748), under this Act (or an amendment made by this Act), or under the controlled substance monitoring program under section 399O of the Public Health Service Act (42 U.S.C. 280g-3). SEC. 204. PRESCRIBER EDUCATION. (a) In General.--Section 303 of the Controlled Substances Act (21 U.S.C. 823) is amended-- (1) in subsection (f), in the matter preceding paragraph (1), by striking ``The Attorney General shall register'' and inserting ``Subject to subsection (m), the Attorney General shall register''; and (2) by adding at the end the following: ``(l) Prescriber Education.-- ``(1) Definitions.--In this subsection-- ``(A) the term `covered agent or employee' means an agent or employee of a covered facility who-- ``(i) prescribes controlled substances for humans under the registration of the facility under this part; and ``(ii) is a medical resident; ``(B) the term `covered facility' means a practitioner-- ``(i) that is a hospital or other institution; ``(ii) that is licensed under State law to prescribe controlled substances; and ``(iii) under whose registration under this part agents or employees of the practitioner prescribe controlled substances; ``(C) the term `covered individual practitioner' means a practitioner who-- ``(i) is an individual; ``(ii) is not a veterinarian; and ``(iii) is licensed under State law to prescribe controlled substances; and ``(D) the term `specified continuing education topics' means-- ``(i) alternatives to opioids for pain management; ``(ii) palliative care; ``(iii) substance use disorder; ``(iv) adverse events; ``(v) potential for dependence; ``(vi) tolerance; ``(vii) prescribing contraindicated substances; ``(viii) medication-assisted treatment; ``(ix) overdose prevention and response, including the administration of naloxone; ``(x) culturally competent (as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15002)) services; ``(xi) bias and stigma in prescribing trends; and ``(xii) any other topic that the Attorney General determines appropriate. ``(2) Certification of continuing education.-- ``(A) Individual practitioners.--As a condition of granting or renewing the registration of a covered individual practitioner under this part to dispense controlled substances in schedule II, III, IV, or V, the Attorney General shall require the practitioner to certify that, during the 3-year period preceding the date of the grant or renewal of registration, the practitioner completed course work or training from an organization accredited by the Accreditation Council for Continuing Medical Education (commonly known as the `ACCME'), or by a State medical society accreditor recognized by the ACCME, that included not fewer than 3 hours of content on the specified continuing education topics. ``(B) Facilities.--As a condition of granting or renewing the registration of a covered facility under this part to dispense controlled substances in schedule II, III, IV, or V, the Attorney General shall require the covered facility to certify that the facility does not allow a covered agent or employee to prescribe controlled substances for humans under the registration of the facility unless, during the preceding 3-year period, the covered agent or employee completed course work or training from an organization accredited by the Accreditation Council for Continuing Medical Education (commonly known as the `ACCME'), or a State medical society accreditor recognized by the ACCME, that included not fewer than 3 hours of content on the specified continuing education topics.''. (b) Effective Date.--Subsection (l) of section 303 of the Controlled Substances Act (21 U.S.C. 823), as added by subsection (a), shall apply to any grant or renewal of registration described in such subsection (l) that occurs on or after the date that is 2 years after the date of enactment of this Act. SEC. 205. PROHIBITION OF UTILIZATION CONTROL POLICIES OR PROCEDURES FOR MEDICATION-ASSISTED TREATMENT UNDER MEDICAID. Section 1905 of the Social Security Act (42 U.S.C. 1396d) is amended-- (1) in subsection (a)-- (A) in the matter preceding paragraph (1), by moving the margin of clause (xvi) 4 ems to the left; and (B) in paragraph (29), by inserting ``and to the extent allowed in paragraph (4) of such subsection'' after ``paragraph (1) of such subsection''; and (2) in subsection (ee), by adding at the end the following new paragraph: ``(4) Prohibition of utilization control policies or procedures for medication-assisted treatment.--As a condition for a State receiving payments under section 1903(a) for medical assistance for medication-assisted treatment, a State may not impose any utilization control policies or procedures (as defined by the Secretary), including prior authorization requirements, with respect to such treatment.''. SEC. 206. MEDICATION-ASSISTED TREATMENT FOR RECOVERY FROM SUBSTANCE USE DISORDER. (a) In General.--Section 303(g) of the Controlled Substances Act (21 U.S.C. 823(g)) is amended-- (1) by striking paragraph (2); (2) by striking ``(g)(1) Except as provided in paragraph (2), practitioners who dispense narcotic drugs to individuals for maintenance treatment or detoxification treatment'' and inserting ``(g) Practitioners who dispense narcotic drugs (other than narcotic drugs in schedule III, IV, or V) to individuals for maintenance treatment or detoxification treatment''; (3) by redesignating subparagraphs (A), (B), and (C) as paragraphs (1), (2), and (3), respectively; and (4) in paragraph (2), as redesignated, by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively. (b) Technical and Conforming Edits.-- (1) In general.-- (A) Section 304 of the Controlled Substances Act (21 U.S.C. 824) is amended-- (i) in subsection (a), by striking ``303(g)(1)'' each place it appears and inserting ``303(g)''; and (ii) in subsection (d)(1), by striking ``303(g)(1)'' and inserting ``303(g)''. (B) Section 309A(a) of the Controlled Substances Act (21 U.S.C. 829a(a)) is amended by striking paragraph (2) and inserting the following: ``(2) the controlled substance-- ``(A) is a narcotic drug in schedule III, IV, or V to be administered for the purpose of maintenance or detoxification treatment; and ``(B) is to be administered by injection or implantation;''. (C) Section 520E-4(c) of the Public Health Service Act (42 U.S.C. 290bb-36d(c)) is amended, in the matter preceding paragraph (1), by striking ``information on any qualified practitioner that is certified to prescribe medication for opioid dependency under section 303(g)(2)(B) of the Controlled Substances Act'' and inserting ``information on any practitioner who prescribes narcotic drugs in schedule III, IV, or V of section 202 of the Controlled Substances Act for the purpose of maintenance or detoxification treatment''. (D) Section 544(a)(3) of the Public Health Service Act (42 U.S.C. 290dd-3) is amended by striking ``any practitioner dispensing narcotic drugs pursuant to section 303(g) of the Controlled Substances Act'' and inserting ``any practitioner dispensing narcotic drugs for the purpose of maintenance or detoxification treatment''. (E) Section 1833 of the Social Security Act (42 U.S.C. 1395l) is amended by striking subsection (bb). (F) Section 1834(o) of the Social Security Act (42 U.S.C. 1395m(o)) is amended by striking paragraph (3). (G) Section 1866F(c)(3) of the Social Security Act (42 U.S.C. 1395cc-6(c)(3)) is amended-- (i) in subparagraph (A), by inserting ``and'' at the end; (ii) in subparagraph (B), by striking ``; and'' and inserting a period; and (iii) by striking subparagraph (C). (H) Section 1903(aa)(2)(C) of the Social Security Act (42 U.S.C. 1396b(aa)(2)(C)) is amended-- (i) in clause (i), by inserting ``and'' at the end; (ii) by striking clause (ii); and (iii) by redesignating clause (iii) as clause (ii). (2) Effective date of medicare amendments.--The amendments made by subparagraphs (E) and (F) of paragraph (1) shall take effect one year after the date of enactment of this Act. SEC. 207. TELEHEALTH RESPONSE FOR E-PRESCRIBING ADDICTION THERAPY SERVICES. (a) Funding for the Testing of Incentive Payments for Behavioral Health Providers for Adoption and Use of Certified Electronic Health Record Technology.--In addition to amounts appropriated under subsection (f) of section 1115A of the Social Security Act (42 U.S.C. 1315a), there are authorized to be appropriated to the Center for Medicare and Medicaid Innovation such sums as may be necessary for fiscal year 2022 to design, implement, and evaluate the model under subsection (b)(2)(B)(xxv) of such section. Amounts appropriated under the preceding sentence shall remain available until expended. (b) Telehealth for Substance Use Disorder Treatment.-- (1) Substance use disorder services furnished through telehealth under medicare.--Section 1834(m)(7) of the Social Security Act (42 U.S.C. 1395m(m)(7)) is amended by adding at the end the following: ``With respect to telehealth services described in the preceding sentence that are furnished on or after January 1, 2020, nothing shall preclude the furnishing of such services through audio or telephone only technologies in the case where a physician or practitioner has already conducted an in-person medical evaluation or a telehealth evaluation that utilizes both audio and visual capabilities with the eligible telehealth individual.''. (2) Controlled substances dispensed by means of the internet.--Section 309(e)(2) of the Controlled Substances Act (21 U.S.C. 829(e)(2)) is amended-- (A) in subparagraph (A)(i)-- (i) by striking ``at least 1 in-person medical evaluation'' and inserting the following: ``at least-- ``(I) 1 in-person medical evaluation''; and (ii) by adding at the end the following: ``(II) for purposes of prescribing a controlled substance in schedule III or IV, 1 telehealth evaluation; or''; and (B) by adding at the end the following: ``(D)(i) In this subsection, the term `telehealth evaluation' means a medical evaluation that is conducted in accordance with applicable Federal and State laws by a practitioner (other than a pharmacist) who is at a location remote from the patient and is communicating with the patient using a telecommunications system referred to in section 1834(m) of the Social Security Act (42 U.S.C. 1395m(m)) that includes, at a minimum, audio and video equipment permitting two-way, real-time interactive communication between the patient and distant site practitioner. ``(ii) Nothing in clause (i) shall be construed to imply that 1 telehealth evaluation demonstrates that a prescription has been issued for a legitimate medical purpose within the usual course of professional practice. ``(iii) A practitioner who prescribes the drugs or combination of drugs that are covered under section 303(g)(2)(C) using the authority under subparagraph (A)(i)(II) of this paragraph shall adhere to nationally recognized evidence-based guidelines for the treatment of patients with opioid use disorders and a diversion control plan, as those terms are defined in section 8.2 of title 42, Code of Federal Regulations, as in effect on the date of enactment of this subparagraph.''. SEC. 208. PILOT PROGRAM ON EXPANDING ACCESS TO TREATMENT. The Secretary of Health and Human Services (referred to in this section as the ``Secretary'') shall establish a 5-year pilot program in not less than 5 diverse regions to study the use of mobile methadone clinics in rural and underserved environments. At the end of the pilot program, the Secretary shall report to Congress on the program outcomes, including the number of people served and the demographics of people served, including race and income. SEC. 209. REAUTHORIZATION OF PRAC ED GRANT PROGRAM. To carry out the Practitioner Education grant program established by the Substance Abuse and Mental Health Services Administration, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2022 through 2026. SEC. 210. GAO STUDY ON PARITY. The Comptroller General of the United States shall conduct a study examining the reimbursement parity between substance use disorder services and other health care services, and the effect of any inequity in reimbursement with respect to substance use disorder services on the substance use disorder workforce, and not later than December 31, 2023, submit a report to Congress on the findings of such study. SEC. 211. IMPROVING SUBSTANCE USE DISORDER PREVENTION WORKFORCE ACT. Subpart 2 of part B of title V of the Public Health Service Act (42 U.S.C. 290bb-21 et seq), as amended by section 105, is further amended by adding at the end the following: ``SEC. 519F. PILOT PROGRAM TO HELP ENHANCE SUBSTANCE USE DISORDER PREVENTION WORKFORCE. ``(a) In General.--The Director of the Prevention Center (referred to in this section as the `Director') shall develop a pilot program to assist State alcohol and drug agencies in addressing the substance use disorder prevention workforce needs in the States. ``(b) Definitions.--In this section, the term `State alcohol and drug agency' means the State agency responsible for administering the substance abuse prevention and treatment block grant under subpart II of part B of title XIX. ``(c) Application.--A State alcohol and drug agency may apply to the Director for approval of a grant authorized in this section. Such application shall include a description of the proposed workforce activities that will be carried out using grant funds, which may include, with respect to substance use disorder prevention-- ``(1) enhancing or developing training curricula; ``(2) supporting or coordinating with institutes of higher education regarding curricula development; ``(3) partnering with elementary schools, middle schools, high schools or institutions of higher education to generate early student interest in avoiding misuse of substances; ``(4) enhancing or establishing initiatives related to credentialing or other certification processes recognized by the State alcohol and drug agency, including scholarships or support for certification costs and testing; ``(5) establishing or enhancing initiatives that promote recruitment, professional development, and access to education and training that increase the State's ability to address diversity, equity, and inclusion in the workforce, including communication initiatives or campaigns designed to draw interest in a career in substance use disorder prevention; ``(6) supporting loan repayment programs for individuals in the substance use disorder prevention workforce; ``(7) establishing or enhancing internships, fellowships and other career opportunities; and ``(8) retention initiatives that may include training, leadership development or other educational opportunities. ``(d) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated such sums as may be necessary. ``SEC. 519G. NATIONAL STUDY ON SUBSTANCE USE DISORDER WORKFORCE. ``(a) In General.--The Director shall conduct a comprehensive national study regarding the substance use disorder prevention workforce. Such study shall include-- ``(1) an environmental assessment regarding the existing workforce, including demographics, salaries, settings, current or anticipated workforce shortages and other relevant information; ``(2) challenges in maintaining support for an adequate substance use disorder prevention workforce and a plan to address such challenges; and ``(3) potential programming to help implement the plan. ``(b) Consultation.--The Director shall ensure the study under this section is developed in consultation with key substance use disorder prevention workforce stakeholders, including organizations representing State alcohol and drug agencies, community anti-drug coalitions, workforce credentialing bodies, researchers, and others. ``(c) Authorization of Appropriation.--To carry out this section, there are authorized to be appropriated such sums as may be necessary.''. TITLE III--RECOVERY Subtitle A--General Provisions SEC. 301. BUILDING COMMUNITIES OF RECOVERY. (a) In General.--Section 547 of the Public Health Service Act (42 U.S.C. 290ee-2) is amended-- (1) by striking subsection (c); (2) by redesignating subsection (d) as subsection (c); (3) in subsection (c) (as so redesignated)-- (A) in paragraph (1), by striking ``and'' at the end; (B) in paragraph (2)(C)(iv), by striking the period and inserting ``; and''; and (C) by adding at the and the following: ``(3) may be used as provided for in subsection (d).''; (4) by inserting after subsection (c) (as so redesignated), the following: ``(d) Establishment of Regional Technical Assistance Centers.-- ``(1) In general.--Grants awarded under subsection (b) may be used to provide for the establishment of regional technical assistance centers to provide regional technical assistance for the following: ``(A) Implementation of regionally driven peer delivered substance use disorder recovery support services before, during, after, or in lieu of substance use disorder treatment. ``(B) Establishment of recovery community organizations. ``(C) Establishment of recovery community centers. ``(D) Naloxone training and dissemination. ``(E) Development of connections between recovery support services, community organizations, and community centers and the broader medical community. ``(F) Establishment of online recovery support services, with parity to physical health services. ``(G) Development of recovery wellness plans to address perceived barriers to recovery, including social determinants of health. ``(H) Collect and maintain accurate and reliable data to inform service delivery and monitor and evaluate the impact of culturally competent (as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000) services on health equity outcomes. ``(I) Building capacity for recovery community organizations to meet national accreditation standards for the delivery of peer recovery support services. ``(J) Expanding or enhancing recovery support service programs. ``(2) Eligible entities.--To be eligible to receive a grant under paragraph (1), an entity shall be-- ``(A) a national nonprofit entity with a network of local affiliates and partners that are geographically and organizationally diverse; or ``(B) a national nonprofit organization led by individuals in personal and family recovery with established networks of recovery community organizations providing peer recovery support services. ``(3) Preference.--In awarding grants under subsection (b), the Secretary shall give preference to organizations that-- ``(A) provide culturally competent (as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000) services, promote racial equity, and are responsive to diverse cultural health beliefs and practices, preferred languages, health literacy, and other communication needs; ``(B) allow participation by individuals receiving medication-assisted treatment that involves prescription drugs approved by the Food and Drug Administration (at least one of which is an opioid agonist); ``(C) use peer recovery advocates; and ``(D) meet national best practice and accreditation standards.''; and (5) in subsection (f), by striking ``2023'' and inserting ``2021, and $200,000,000 for each of fiscal years 2022 through 2027''. (b) Continuing Care and Community Support to Maintain Recovery.-- (1) In general.--The Secretary shall award grants to peer recovery support service organizations, for the purposes of providing continuing care and ongoing community support for individuals to maintain recovery from substance use disorders. (2) Definition.--For purposes of this subsection, the term ``peer recovery support service organization'' means an independent nonprofit organization that provides peer recovery support services (as defined by the Secretary), through credentialed peer support professionals. (3) Authorization of appropriations.--To carry out this subsection, there is authorized to be appropriated, for each of fiscal years 2022 through 2027, $50,000,000. SEC. 302. RECOVERY IN THE WORKPLACE. It is the sense of Congress that an employee who is taking opioid antagonist, opioid agonist, or partial agonist drugs as part of a medication-assisted treatment program shall not be in violation of a drug-free workplace requirement. SEC. 303. NATIONAL YOUTH AND YOUNG ADULT RECOVERY INITIATIVE. (a) Definitions.--In this section: (1) Eligible entity.--The term ``eligible entity'' means-- (A) a high school that has been accredited as a substance use recovery high school or that is seeking to establish or expand substance use recovery support services; (B) an institution of higher education; (C) a recovery program at an institution of higher education; (D) a nonprofit organization; or (E) a technical assistance center that can help grantees install recovery support service programs aimed at youth and young adults which include recovery coaching, job training, transportation, linkages to community-based services and supports, regularly scheduled alternative peer group activities, life- skills education, mentoring, and leadership development. (2) High school.--The term ``high school'' has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (3) 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). (4) Recovery program.--The term ``recovery program'' means a program-- (A) to help youth or young adults who are recovering from substance use disorders to initiate, stabilize, and maintain healthy and productive lives in the community; and (B) that includes peer-to-peer support delivered by individuals with lived experience in recovery, and communal activities to build recovery skills and supportive social networks. (b) Grants Authorized.--The Assistant Secretary for Mental Health and Substance Use, in consultation with the Secretary of Education, shall award grants, on a competitive basis, to eligible entities to enable the eligible entities to-- (1) provide culturally competent (as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15002)) substance use recovery support services to youth and young adults enrolled in high school or an institution of higher education; (2) help build communities of support for youth and young adults in substance use recovery through a spectrum of activities such as counseling, job training, recovery coaching, alternative peer groups, life-skills workshops, family support groups, and health and wellness-oriented social activities; and (3) encourage initiatives designed to help youth and young adults achieve and sustain recovery from substance use disorders. (c) Application.--An eligible entity desiring a grant under this section shall submit to the Assistant Secretary for Mental Health and Substance Use an application at such time, in such manner, and containing such information as the Assistant Secretary may require. (d) Preference.--In awarding grants under subsection (b), the Assistant Secretary for Mental Health and Substance Use shall give preference to eligible entities that propose to serve students from areas with schools serving a high percentage of children who are counted under section 1124(c) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6333(c)). (e) Use of Funds.--Grants awarded under subsection (b) may be used for activities to develop, support, or maintain substance use recovery support services for youth or young adults, including-- (1) the development and maintenance of a dedicated physical space for recovery programs; (2) hiring dedicated staff for the provision of recovery programs; (3) providing health and wellness-oriented social activities and community engagement; (4) the establishment of a substance use recovery high school; (5) the coordination of a peer delivered substance use recovery program with-- (A) substance use disorder treatment programs and systems that utilize culturally competent (as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15002)) services that reflect the communities they serve; (B) providers of mental health services; (C) primary care providers; (D) the criminal justice system, including the juvenile justice system; (E) employers; (F) recovery housing services; (G) child welfare services; (H) high schools; and (I) institutions of higher education; (6) the development of peer-to-peer support programs or services delivered by individuals with lived experience in substance use disorder recovery; and (7) any additional activity that helps youth or young adults achieve recovery from substance use disorders. (f) Resource Center.--The Assistant Secretary for Mental Health and Substance Use shall establish a resource center to provide technical support to recipients of grants under this section. (g) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2022 through 2027. Subtitle B--Recovery Housing SEC. 311. CLARIFYING THE ROLE OF SAMHSA IN PROMOTING THE AVAILABILITY OF HIGH-QUALITY RECOVERY HOUSING. Section 501(d) of the Public Health Service Act (42 U.S.C. 290aa) is amended-- (1) in paragraph (24)(E), by striking ``and'' at the end; (2) in paragraph (25), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(26) collaborate with national accrediting entities and reputable providers and analysts of recovery housing services and all relevant Federal agencies, including the Centers for Medicare & Medicaid Services, the Health Resources and Services Administration, other offices and agencies within the Department of Health and Human Services, the Office of National Drug Control Policy, the Department of Justice, the Department of Housing and Urban Development, and the Department of Agriculture, to promote the availability of high-quality recovery housing for individuals with a substance use disorder.''. SEC. 312. DEVELOPING GUIDELINES FOR STATES TO PROMOTE THE AVAILABILITY OF HIGH-QUALITY RECOVERY HOUSING. Title V of the Public Health Service Act is amended by inserting after section 550 of such Act (42 U.S.C. 290ee-5) (relating to national recovery housing best practices) the following: ``SEC. 550A. DEVELOPING GUIDELINES FOR STATES TO PROMOTE THE AVAILABILITY OF HIGH-QUALITY RECOVERY HOUSING. ``(a) In General.--Not later than one year after the date of the enactment of this section, the Secretary, acting through the Assistant Secretary, shall develop, and publish on the internet website of the Substance Abuse and Mental Health Services Administration, consensus- based guidelines and nationally recognized standards for States to promote the availability of high-quality recovery housing for individuals with a substance use disorder. Such guidelines shall-- ``(1) be developed in consultation with national accrediting entities, reputable providers and analysts of recovery housing services, and States and be consistent with the best practices developed under section 550; and ``(2) to the extent practicable, build on existing best practices and suggested guidelines developed previously by the Substance Abuse and Mental Health Services Administration. ``(b) Public Comment Period.--Before finalizing guidelines under subsection (a), the Secretary of Health and Human Services shall provide for a public comment period. ``(c) Exclusion of Guideline on Treatment Services.--In developing the guidelines under subsection (a), the Secretary may not include any guideline or standard with respect to substance use disorder treatment services. ``(d) Substance Use Disorder Treatment Services.--In this section, the term `substance use disorder treatment services' means items or services furnished for the treatment of a substance use disorder, including-- ``(1) medications approved by the Food and Drug Administration for use in such treatment, excluding each such medication used to prevent or treat a drug overdose; ``(2) the administering of such medications; ``(3) recommendations for such treatment; ``(4) clinical assessments and referrals; ``(5) counseling with a physician, psychologist, or mental health professional (including individual and group therapy); and ``(6) toxicology testing.''. SEC. 313. COORDINATION OF FEDERAL ACTIVITIES TO PROMOTE THE AVAILABILITY OF HIGH-QUALITY RECOVERY HOUSING. Section 550 of the Public Health Service Act (42 U.S.C. 290ee-5) (relating to national recovery housing best practices) is amended-- (1) by redesignating subsections (e), (f), and (g) as subsections (g), (h), and (i), respectively; and (2) by inserting after subsection (d) the following: ``(e) Coordination of Federal Activities To Promote the Availability of High-Quality Recovery Housing for Individuals With a Substance Use Disorder.-- ``(1) In general.--The Secretary, acting through the Assistant Secretary, and the Secretary of the Department of Housing and Urban Development shall convene and serve as the co-chairs of an interagency working group composed of representatives of each of the Federal agencies described in paragraph (2) (referred to in this section as the `working group') for the following purposes: ``(A) To increase collaboration, cooperation, and consultation among such Federal agencies, with respect to promoting the availability of high-quality recovery housing. ``(B) To align the efforts of such agencies and avoid duplication of such efforts by such agencies. ``(C) To develop objectives, priorities, and a long-term plan for supporting State, Tribal, and local efforts with respect to the operation of high-quality recovery housing that is consistent with the best practices developed under this section. ``(D) To coordinate inspection and enforcement among Federal and State agencies. ``(E) To coordinate data collection on the quality of recovery housing. ``(2) Federal agencies described.--The Federal agencies described in this paragraph are the following: ``(A) The Department of Health and Human Services. ``(B) The Centers for Medicare & Medicaid Services. ``(C) The Substance Abuse and Mental Health Services Administration. ``(D) The Health Resources and Services Administration. ``(E) The Indian Health Service. ``(F) The Department of Housing and Urban Development. ``(G) The Department of Agriculture. ``(H) The Department of Justice. ``(I) The Office of National Drug Control Policy. ``(J) The Bureau of Indian Affairs. ``(K) The Department of Labor. ``(L) Any other Federal agency as the co-chairs determine appropriate. ``(3) Meetings.--The working group shall meet on a quarterly basis. ``(4) Reports to congress.--Beginning not later than one year after the date of the enactment of this section and annually thereafter, the working group shall submit to the Committee on Energy and Commerce, the Committee on Ways and Means, the Committee on Agriculture, and the Committee on Financial Services of the House of Representatives and the Committee on Health, Education, Labor, and Pensions, the Committee on Agriculture, Nutrition, and Forestry, and the Committee on Finance of the Senate a report describing the work of the working group and any recommendations of the working group to improve Federal, State, and local policy with respect to recovery housing operations. ``(5) Authorization of appropriations.--To carry out this subsection, there are authorized to be appropriated such sums as may be necessary for fiscal years 2022 through 2027.''. SEC. 314. NAS STUDY AND REPORT. (a) In General.--Not later than 60 days after the date of enactment of this Act, the Secretary of Health and Human Services, acting through the Assistant Secretary for Mental Health and Substance Use, shall enter into an arrangement with the National Academies of Sciences, Engineering, and Medicine to conduct a study, which may include a literature review and case studies as appropriate, on-- (1) the quality and effectiveness of recovery housing in the United States, including the availability in the United States of high-quality recovery housing and whether that availability meets the demand for such housing in the United States; and (2) State, Tribal, and local regulation and oversight of recovery housing. (b) Topics.--The study under subsection (a) shall include a literature review of studies that-- (1) examine the quality of, and effectiveness outcomes for, the types and characteristics of covered recovery housing programs listed in subsection (c); and (2) identify the research and data gaps that must be filled to better report on the quality of, and effectiveness outcomes related to, covered recovery housing. (c) Type and Characteristics.--The types and characteristics of covered recovery housing programs referred to in subsection (b) consist of the following: (1) Nonprofit and for-profit covered recovery housing. (2) Private and public covered recovery housing. (3) Covered recovery housing programs that provide services to-- (A) residents on a voluntary basis; and (B) residents pursuant to a judicial order. (4) Number of clients served, disaggregated to the extent possible by covered recovery housing serving-- (A) 6 or fewer recovering residents; (B) 10 to 13 recovering residents; and (C) 18 or more recovering residents. (5) Bedroom occupancy in a house, disaggregated to the extent possible by-- (A) single room occupancy; (B) 2 residents occupying 1 room; and (C) more than 2 residents occupying 1 room. (6) Duration of services received by clients, disaggregated to the extent possible according to whether the services were-- (A) 30 days or fewer; (B) 31 to 90 days; (C) more than 90 days and fewer than 6 months; or (D) 6 months or more. (7) Certification levels of staff. (8) Fraudulent and abusive practices by operators of covered recovery housing and inpatient and outpatient treatment facilities, both individually and in concert, including-- (A) deceptive or misleading marketing practices, including-- (i) inaccurate outcomes-based marketing; and (ii) marketing based on non-evidence-based practices; (B) illegal patient brokering; (C) third-party recruiters; (D) deceptive or misleading marketing practices of treatment facility and recovery housing online aggregators; and (E) the impact of such practices on health care costs and recovery rates. (d) Report.--The arrangement under subsection (a) shall require, by not later than 18 months after the date of entering into the agreement-- (1) completing the study under such subsection; and (2) making publicly available (including through publication on the internet) a report that contains-- (A) the results of the study; (B) the National Academy's recommendations for Federal, State, and local policies to promote the availability of high-quality recovery housing in the United States; (C) research and data gaps; (D) recommendations for recovery housing quality and effectiveness metrics; (E) recommended mechanisms to collect data on those metrics, including with respect to research and data gaps; (F) recommendations to eliminate restrictions by recovery housing that exclude individuals who take prescribed medications for opioid use disorder; and (G) a summary of allegations, assertions, or formal legal actions on the State and local levels by governments and nongovernmental organizations with respect to the opening and operation of recovery housing. (e) Definitions.--In this subsection: (1) The term ``covered recovery housing'' means recovery housing that utilizes compensated or volunteer onsite staff who are not health care professionals to support residents. (2) The term ``effectiveness outcomes'' may include decreased substance use, reduced probability of relapse or reoccurrence, lower rates of incarceration, higher income, increased employment, and improved family functioning. (3) The term ``health care professional'' means an individual who is licensed or otherwise authorized by the State to provide health care services. (4) The term ``recovery housing'' means a shared living environment that is or purports to be-- (A) free from alcohol and use of nonprescribed drugs; and (B) centered on connection to services that promote sustained recovery from substance use disorders. (f) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $1,500,000 for fiscal year 2022. SEC. 315. FILLING RESEARCH AND DATA GAPS. Not later than 60 days after the completion of the study under section 314, the Secretary of Health and Human Services shall enter into an agreement with an appropriate entity to conduct such research as may be necessary to fill the research and data gaps identified in reporting pursuant to such section. SEC. 316. GRANTS FOR STATES TO PROMOTE THE AVAILABILITY OF HIGH-QUALITY RECOVERY HOUSING. Section 550 of the Public Health Service Act (42 U.S.C. 290ee-5) (relating to national recovery housing best practices), as amended by section 313, is further amended by inserting after subsection (e) (as inserted by such section 313) the following: ``(f) Grants for Implementing National Recovery Housing Best Practices.-- ``(1) In general.--The Secretary shall award grants to States (and political subdivisions thereof), Tribes, and territories-- ``(A) for the provision of technical assistance by national accrediting entities and reputable providers and analysts of recovery housing services to implement the guidelines, nationally recognized standards, and recommendations developed under section 313 of the CARA 3.0 Act of 2021 and this section; and ``(B) to promote the availability of high-quality recovery housing for individuals with a substance use disorder and practices to maintain housing quality long term. ``(2) State enforcement plans.--Beginning not later than 90 days after the date of the enactment of this paragraph and every 2 years thereafter, as a condition on the receipt of a grant under paragraph (1), each State (or political subdivisions thereof), Tribe, or territory receiving such a grant shall submit to the Secretary, and make publicly available on a publicly accessible Internet website of the State (or political subdivisions thereof), Tribe, or territory-- ``(A) the plan of the State (or political subdivisions thereof), Tribe, or territory, with respect to the promotion of high-quality recovery housing for individuals with a substance use disorder located within the jurisdiction of such State (or political subdivisions thereof), Tribe, or territory; and ``(B) a description of how such plan is consistent with the best practices developed under this section and guidelines developed under section 550A. ``(3) Review of accrediting entities.--The Secretary shall periodically review, by developing a rubric to evaluate accreditation, the accrediting entities providing technical assistance pursuant to paragraph (1)(A). ``(4) Authorization of appropriations.--To carry out this subsection, there is authorized to be appropriated $10,000,000 for each of fiscal years 2023 through 2027.''. SEC. 317. REPUTABLE PROVIDERS AND ANALYSTS OF RECOVERY HOUSING SERVICES DEFINITION. Subsection (h) of section 550 of the Public Health Service Act (42 U.S.C. 290ee-5) (relating to national recovery housing best practices), as redesignated by section 313, is amended by adding at the end the following: ``(4) The term `reputable providers and analysts of recovery housing services' means recovery housing service providers and analysts that-- ``(A) use evidence-based approaches; ``(B) act in accordance with guidelines issued by the Assistant Secretary; ``(C) have not been found guilty of health care fraud, patient brokering, or false advertising by the Department of Justice, the Department of Health and Human Services, or a Medicaid Fraud Control Unit; ``(D) have not been found to have violated Federal, State, or local codes of conduct with respect to recovery housing for individuals with a substance use disorder; and ``(E) do not employ individuals with a past conviction of criminal, domestic, or sexual violence, or significant drug distribution, in the care or supervision of individuals.''. SEC. 318. TECHNICAL CORRECTION. Title V of the Public Health Service Act (42 U.S.C. 290aa et seq.) is amended-- (1) by redesignating section 550 (relating to Sobriety Treatment and Recovery Teams) (42 U.S.C. 290ee-10), as added by section 8214 of Public Law 115-271, as section 550B; and (2) moving such section so it appears after section 550A, as added by section 312. TITLE IV--CRIMINAL JUSTICE SEC. 401. MEDICATION-ASSISTED TREATMENT CORRECTIONS AND COMMUNITY REENTRY PROGRAM. (a) Definitions.--In this section-- (1) the term ``Attorney General'' means the Attorney General, acting through the Director of the National Institute of Corrections; (2) the term ``certified recovery coach'' means an individual-- (A) with knowledge of, or experience with, recovery from a substance use disorder; and (B) who-- (i) has completed training through, and is determined to be in good standing by-- (I) a single State agency; or (II) a recovery community organization that is capable of conducting that training and making that determination; and (ii) meets the criteria specified by the Attorney General, in consultation with the Secretary of Health and Human Services, for qualifying as a certified recovery coach for the purposes of this Act; (3) the term ``correctional facility'' 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); (4) the term ``covered grant or cooperative agreement'' means a grant received, or cooperative agreement entered into, under the Program; (5) the term ``covered program'' means a program-- (A) to provide medication-assisted treatment to individuals who have opioid use disorder and are incarcerated within the jurisdiction of the State or unit of local government carrying out the program; and (B) that is developed, implemented, or expanded through a covered grant or cooperative agreement; (6) the term ``medication-assisted treatment'' means the use of any drug or combination of drugs that have been approved under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) or section 351 of the Public Health Service Act (42 U.S.C. 262) for the treatment of an opioid use disorder, in combination with evidence-based counseling and behavioral therapies, such as psychosocial counseling, overseen by 1 or more social work professionals and 1 or more qualified clinicians, to provide a comprehensive approach to the treatment of substance use disorders; (7) the term ``nonprofit organization'' means an organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and is exempt from taxation under section 501(a) of such Code; (8) the term ``Panel'' means the medication-assisted treatment Corrections and Community Reentry Application Review Panel established under subsection (f)(2); (9) the term ``participant'' means an individual who participates in a covered program; (10) the term ``political appointee'' has the meaning given the term in section 714(h) of title 38, United States Code; (11) the term ``Program'' means the medication-assisted treatment Corrections and Community Reentry Program established under subsection (b); (12) the term ``psychosocial'' means the interrelation of social factors and individual thought and behavior; (13) the term ``recovery community organization'' has the meaning given the term in section 547 of the Public Health Service Act (42 U.S.C. 290ee-2); (14) the term ``single State agency'' means, with respect to a State or unit of local government, the single State agency identified by the State, or the State in which the unit of local government is located, in the plan submitted by that State under section 1932(b)(1)(A)(i) of the Public Health Service Act (42 U.S.C. 300x-32(b)(1)(A)(i)); (15) the term ``State'' means-- (A) each State of the United States; (B) the District of Columbia; and (C) each commonwealth, territory, or possession of the United States; and (16) 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), except that such term also includes a Tribal organization, as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304). (b) Authorization.--Not later than 90 days after the date of enactment of this Act, the Attorney General, in consultation with the Secretary of Health and Human Services, shall establish a program-- (1) that shall be known as the ``medication-assisted treatment Corrections and Community Reentry Program''; and (2) under which the Attorney General-- (A) may make grants to, and enter into cooperative agreements with, States or units of local government to develop, implement, or expand 1 or more programs to provide medication-assisted treatment that meets the standard of care generally accepted for the treatment of opioid use disorder to individuals who have opioid use disorder and are incarcerated within the jurisdictions of the States or units of local government; and (B) shall establish a working relationship with 1 or more knowledgeable corrections organizations with expertise in security, medical health, mental health, and substance use disorder care to oversee and support implementation of the program, including through the use of evidence-based clinical practices. (c) Use of Funds for Infrastructure.--In developing, implementing, or expanding a medication-assisted treatment program under subsection (b)(2)(A), a State or unit of local government may use funds from a grant or cooperative agreement under that subsection to develop the infrastructure necessary to provide the medication-assisted treatment, such as-- (1) establishing safe storage facilities for the drugs used in the treatment; and (2) obtaining appropriate licenses for the individuals who will administer the treatment. (d) Purposes.--The purposes of the Program are to-- (1) develop culturally competent (as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15002)) medication-assisted treatment programs in consultation with nonprofit organizations and community organizations that are qualified to provide technical support for the programs; (2) reduce the risk of overdose to participants after the participants are released from incarceration; and (3) reduce the rate of reincarceration. (e) Program Requirements.--In carrying out a covered program, a State or unit of local government-- (1) shall ensure that each individual who is newly incarcerated at a correctional facility at which the covered program is carried out, and who was receiving medication- assisted treatment before being incarcerated, continues to receive medication-assisted treatment while incarcerated; (2) in providing medication-assisted treatment under the covered program, shall offer to participants each type of drug that has been approved under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) or section 351 of the Public Health Service Act (42 U.S.C. 262) for the treatment of an opioid use disorder; and (3) shall use-- (A) screening tools with psychometric reliability and validity that provide useful clinical data to guide the long-term treatment of participants who have-- (i) opioid use disorder; or (ii) co-occurring opioid use disorder and mental disorders; (B) at each correctional facility at which the covered program is carried out, a sufficient number of personnel, as determined by the Attorney General in light of the number of individuals incarcerated at the correctional facility and the number of those individuals whom the correctional facility has screened and identified as having opioid use disorder, to-- (i) monitor participants with active opioid use disorder who begin participation in the covered program while demonstrating, or develop, signs and symptoms of opioid withdrawal; (ii) provide evidence-based medically managed withdrawal care or assistance to the participants described in clause (i); (iii) prescribe or otherwise dispense-- (I) the drugs that are offered under the covered program, as required under paragraph (1); and (II) naloxone or any other emergency opioid antagonist approved by the Commissioner of Food and Drugs to treat opioid overdose; (iv) discuss with participants the risks and benefits of, and differences among, the opioid antagonist, opioid agonist, and partial agonist drugs used to treat opioid use disorder; and (v) prepare a plan for release, including connecting participants with mental health and substance use treatment programs, medical care, public benefits, and housing; and (C) a certified recovery coach, social work professional, or other qualified clinician who, in order to support the sustained recovery of participants, shall work with participants who are recovering from opioid use disorder. (f) Application.-- (1) In general.--A State or unit of local government desiring a covered grant or cooperative agreement shall submit to the Attorney General an application that-- (A) shall include-- (i) a description of-- (I) the objectives of the medication-assisted treatment program that the applicant will develop, implement, or expand under the covered grant or cooperative agreement; (II) the activities that the applicant will carry out under the covered program; (III) how the activities described under subclause (II) will achieve the objectives described in subclause (I); (IV) the outreach and education component of the covered program that the applicant will carry out in order to encourage maximum participation in the covered program; and (V) how the applicant will develop connections to culturally competent (as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15002)) substance use and mental health treatment providers, medical professionals, nonprofit organizations, and other State agencies in order to plan for participants to receive a continuum of care and appropriate wrap- around services after release from incarceration; (ii) if, under the covered program that the applicant will carry out, the applicant will not, in providing medication-assisted treatment, offer to participants not less than 1 drug that uses an opioid antagonist, not less than 1 drug that uses an opioid agonist, and not less than 1 drug that uses an opioid partial agonist, an explanation of why the applicant is unable to or chooses not to offer a drug that uses an opioid antagonist, a drug that uses an opioid agonist, or a drug that uses an opioid partial agonist, as applicable; (iii) a plan for-- (I) measuring progress in achieving the objectives described in clause (i)(I), including a strategy to collect data that can be used to measure that progress; (II) collaborating with the single State agency for the applicant or 1 or more nonprofit organizations in the community of the applicant to help ensure that-- (aa) if participants so desire, participants have continuity of care after release from incarceration with respect to the form of medication-assisted treatment the participants received during incarceration, including-- (AA) by working with community service providers to assist eligible participants, before release from incarceration in registering for the Medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) or other minimum essential coverage, as defined in section 5000A(f) of the Internal Revenue Code of 1986; and (BB) if a participant cannot afford, or does not qualify for, health insurance that provides coverage with respect to enrollment in a medication-assisted treatment program, and if the participant cannot pay the cost of enrolling in a medication-assisted treatment program, by working with units of local government, nonprofit organizations, opioid use disorder treatment providers, and entities carrying out programs under substance use disorder grants to, before the participant is released from incarceration, identify a resource, other than the applicant or the covered program to be carried out by the applicant, that may be used to pay the cost of enrolling the participant in a medication-assisted treatment program; (bb) medications are securely stored; and (cc) protocols relating to diversion are maintained; and (III) with respect to each community in which a correctional facility at which a covered program will be carried out is located, collaborating with State agencies responsible for overseeing programs relating to substance use disorder and local public health officials and nonprofit organizations in the community to help ensure that medication-assisted treatment provided at each correctional facility at which the covered program will be carried out is also available at locations that are not correctional facilities in those communities, to the greatest extent practicable; and (iv) a certification that-- (I) each correctional facility at which the covered program will be carried out has access to a sufficient number of clinicians who are licensed to prescribe or otherwise dispense to participants the drugs for the treatment of opioid use disorder required to be offered under subsection (e)(1), which may include clinicians who use telemedicine, in accordance with regulations issued by the Administrator of the Drug Enforcement Administration, to provide services under the covered program; and (II) the covered program will provide culturally competent (as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15002)) evidence-based counseling and behavioral therapies, which may include counseling and therapy administered through the use of telemedicine, as appropriate, to participants as part of the medication- assisted treatment provided under the covered program; and (B) may include a statement indicating the number of participants that the applicant expects to serve through the covered program. (2) Medication-assisted treatment corrections and community reentry application review panel.-- (A) In general.--Not later than 60 days after the date of enactment of this Act, the Attorney General shall establish a Medication-Assisted Treatment Corrections and Community Reentry Application Review Panel that shall-- (i) be composed of not fewer than 10 individuals and not more than 15 individuals; and (ii) include-- (I) 1 or more employees, who are not political appointees, of-- (aa) the Department of Justice; (bb) the Substance Abuse and Mental Health Service Administration; (cc) the National Center for Injury Prevention and Control at the Centers for Disease Control and Prevention; and (dd) the Office of National Drug Control Policy; and (II) other stakeholders who-- (aa) have expert knowledge relating to the opioid epidemic, drug treatment, health equity, culturally competent (as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15002)) care, or community substance use disorder services; and (bb) represent law enforcement organizations and public health entities. (B) Duties.-- (i) In general.--The Panel shall-- (I) review and evaluate applications for covered grants and cooperative agreements; and (II) make recommendations to the Attorney General relating to the awarding of covered grants and cooperative agreements. (ii) Rural communities.--In reviewing and evaluating applications under clause (i), the Panel shall take into consideration the unique circumstances, including the lack of resources relating to the treatment of opioid use disorder, faced by rural States and units of local government. (C) Termination.--The Panel shall terminate on the last day of fiscal year 2023. (3) Publication of criteria in federal register.--Not later than 90 days after the date of enactment of this Act, the Attorney General, in consultation with the Panel, shall publish in the Federal Register-- (A) the process through which applications submitted under paragraph (1) shall be submitted and evaluated; and (B) the criteria used in awarding covered grants and cooperative agreements. (g) Duration.--A covered grant or cooperative agreement shall be for a period of not more than 4 years, except that the Attorney General may extend the term of a covered grant or cooperative agreement based on outcome data or extenuating circumstances relating to the covered program carried out under the covered grant or cooperative agreement. (h) Report.-- (1) In general.--Not later than 2 years after the date on which a State or unit of local government is awarded a covered grant or cooperative agreement, and each year thereafter until the date that is 1 year after the date on which the period of the covered grant or cooperative agreement ends, the State or unit of local government shall submit a report to the Attorney General that includes information relating to the covered program carried out by the State or unit of local government, including information relating to-- (A) the goals of the covered program; (B) any evidence-based interventions carried out under the covered program; (C) outcomes of the covered program, which shall-- (i) be reported in a manner that distinguishes the outcomes based on the categories of, with respect to the participants in the covered program-- (I) the race of the participants; and (II) the gender of the participants; and (ii) include information relating to the rate of reincarceration among participants in the covered program, if available; and (D) expenditures under the covered program. (2) Publication.-- (A) Awardee.--A State or unit of local government that submits a report under paragraph (1) shall make the report publicly available on-- (i) the website of each correctional facility at which the State or unit of local government carried out the covered grant program; and (ii) if a correctional facility at which the State or unit of local government carried out the covered grant program does not operate a website, the website of the State or unit of local government. (B) Attorney general.--The Attorney General shall make each report received under paragraph (1) publicly available on the website of the National Institute of Corrections. (3) Submission to congress.--Not later than 2 years after the date on which the Attorney General awards the first covered grant or cooperative agreement, and each year thereafter, the Attorney General shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a summary and compilation of the reports that the Attorney General has received under paragraph (1) during the year preceding the date on which the Attorney General submits the summary and compilation. (i) Authorization of Appropriations.--There are authorized to be appropriated $50,000,000 to carry out this section for each of fiscal years 2022 through 2026. SEC. 402. DEFLECTION AND PRE-ARREST DIVERSION. (a) Findings.--Congress finds the following: (1) Law enforcement officers and other first responders are at the front line of the opioid epidemic. However, a traditional law enforcement response to substance use often fails to disrupt the cycle of addiction and arrest, or reduce the risk of overdose. (2) Law enforcement-assisted deflection and diversion programs have the potential to improve public health, decrease the number of people entering the criminal justice system for low-level offenses, and address racial disparities. (3) According to the Bureau of Justice Assistance of the Department of Justice, ``Five pathways have been most commonly associated with opioid overdose prevention and diversion to treatment.'' The 5 pathways are-- (A) ``self-referral'', in which-- (i) an individual voluntarily initiates contact with a first responder, such as a law enforcement officer, firefighter, or emergency medical services professional, for a treatment referral (without fear of arrest); and (ii) the first responder personally introduces the individual to a treatment provider (commonly known as a ``warm handoff''); (B) ``active outreach'', in which a law enforcement officer or other first responder-- (i) identifies or seeks out individuals in need of substance use disorder treatment; and (ii) makes a warm handoff of such an individual to a treatment provider, who engages the individual in treatment; (C) ``naloxone plus'', in which a law enforcement officer or other first responder engages an individual in treatment as a follow-up to an overdose response; (D) ``officer prevention referral'', in which a law enforcement officer or other first responder initiates treatment engagement with an individual, but no criminal charges are filed against the individual; and (E) ``officer intervention referral'', in which-- (i) a law enforcement officer or other first responder initiates treatment engagement with an individual; and (ii)(I) criminal charges are filed against the individual and held in abeyance; or (II) a citation is issued to the individual. (4) As of the date of enactment of this Act, there are no national best practices or guidelines for law enforcement- assisted deflection and diversion programs. (b) Use of Byrne JAG Funds for Deflection and Diversion Programs.-- Section 501 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10152) is amended-- (1) in subsection (a)(1)(E), by inserting before the period at the end the following: ``, including law enforcement- assisted deflection programs and law enforcement-assisted pre- arrest and pre-booking diversion programs (as those terms are defined in subsection (h))''; and (2) by adding at the end the following: ``(h) Law Enforcement-Assisted Deflection Programs and Law Enforcement-Assisted Pre-Arrest and Pre-Booking Diversion Programs.-- ``(1) Definitions.--In this subsection: ``(A) Covered grant.--The term `covered grant' means a grant for a deflection or diversion program awarded under subsection (a)(1)(E). ``(B) Deflection or diversion program.--The term `deflection or diversion program' means a law enforcement-assisted deflection program or a law enforcement-assisted pre-arrest or pre-booking diversion, including a program under which-- ``(i) an individual voluntarily initiates contact with a first responder for a substance use disorder or mental health treatment referral without fear of arrest and receives a warm handoff to such treatment; ``(ii) a law enforcement officer or other first responder identifies or seeks out individuals in need of substance use disorder or mental health treatment and a warm handoff is made to a treatment provider, who engages the individuals in treatment; ``(iii) a law enforcement officer or other first responder engages an individual in substance use disorder treatment as part of an overdose response; ``(iv) a law enforcement officer or other first responder initiates substance use disorder or mental health treatment engagement, but no criminal charges are filed; ``(v) a law enforcement officer or other first responder initiates substance use disorder or mental health treatment engagement with an individual; or ``(vi) charges are filed against an individual who has committed an offense that is not a crime against a person, and the primary cause of which appears to be based on a substance use disorder or mental health disorder and held in abeyance or a citation is issued to such an individual. ``(C) Law enforcement-assisted deflection program.--The term `law enforcement-assisted deflection program' means a program under which a law enforcement officer, when encountering an individual who is not engaged in criminal activity but appears to have a substance use disorder or mental health disorder, instead of taking no action at the time of contact or taking action at a later time, attempts to connect the individual to substance use disorder treatment providers or mental health treatment providers-- ``(i) without the use of coercion or fear of arrest; and ``(ii) using established pathways for connections to local, community-based treatment. ``(D) Law enforcement-assisted pre-arrest or pre- booking diversion program.--The term `law enforcement- assisted pre-arrest or pre-booking diversion program' means a program-- ``(i) under which a law enforcement officer, when encountering an individual who has committed an offense that is not a crime against a person, and the primary cause of which appears to be based on a substance use disorder or the mental health disorder of the individual, instead of arresting the individual, or instead of booking the individual after having arrested the individual, attempts to connect the individual to substance use disorder treatment providers or mental health treatment providers-- ``(I) without the use of coercion; and ``(II) using established pathways for connections to local, community- based treatment; ``(ii) under which, in the case of pre- arrest diversion, a law enforcement officer described in clause (i) may decide to-- ``(I) issue a civil citation; or ``(II) take no action with respect to the offense for which the officer would otherwise have arrested the individual described in clause (i); and ``(iii) that may authorize a law enforcement officer to refer an individual to substance use disorder treatment providers or mental health treatment providers if the individual appears to have a substance use disorder or mental health disorder and the officer suspects the individual of chronic violations of law but lacks probable cause to arrest the individual (commonly known as a `social contact referral'). ``(2) Sense of congress regarding deflection or diversion programs.--It is the sense of Congress that a deflection or diversion program funded under this subpart should not exclude individuals who are chronically exposed to the criminal justice system. ``(3) Reports to attorney general.--Not later than 2 years after the date on which a State or unit of local government is awarded a covered grant, and each year thereafter until the date that is 1 year after the date on which the period of the covered grant ends, the State or unit of local government shall submit a report to the Attorney General that includes information relating to the deflection or diversion program carried out by the State or unit of local government, including information relating to-- ``(A) the goals of the deflection or diversion program; ``(B) any evidence-based interventions carried out under the deflection or diversion program; ``(C) outcomes of the deflection or diversion program, which shall-- ``(i) be reported in a manner that distinguishes the outcomes based on the categories of, with respect to the participants in the deflection or diversion program-- ``(I) the race of the participants; and ``(II) the gender of the participants; and ``(ii) include information relating to the rate of reincarceration among participants in the deflection or diversion program, if available; and ``(D) expenditures under the deflection or diversion program.''. (c) Technical Assistance Grant Program.-- (1) Definitions.--In this subsection-- (A) the term ``deflection or diversion program'' has the meaning given the term in subsection (h) of section 501 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10152), as added by subsection (b); and (B) the terms ``State'' and ``unit of local government'' have the meanings given those terms in section 901 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10251). (2) Grant authorized.--The Attorney General shall award a single grant to an entity with significant experience in working with law enforcement agencies, community-based treatment providers, and other community-based human service providers to develop or administer both deflection and diversion programs that use each of the 5 pathways described in subsection (a)(3), to promote and maximize the effectiveness and racial equity of deflection or diversion programs, in order to-- (A) help State and units of local government launch and expand deflection or diversion programs; (B) develop best practices for deflection or diversion teams, which shall include-- (i) recommendations on community input and engagement in order to implement deflection or diversion programs as rapidly as possible and with regard to the particular needs of a community, including regular community meetings and other mechanisms for engagement with-- (I) law enforcement agencies; (II) community-based treatment providers and other community-based human service providers; (III) the recovery community; and (IV) the community at-large; and (ii) the implementation of metrics to measure community satisfaction concerning the meaningful participation and interaction of the community with the deflection or diversion program and program stakeholders; (C) develop and publish a training and technical assistance tool kit for deflection or diversion for public education purposes; (D) disseminate uniform criteria and standards for the delivery of deflection or diversion program services; and (E) develop outcome measures that can be used to continuously inform and improve social, clinical, financial and racial equity outcomes. (3) Term.--The term of the grant awarded under paragraph (2) shall be 5 years. (4) Authorization of appropriations.--There are authorized to be appropriated to the Attorney General $30,000,000 for the grant under paragraph (2). SEC. 403. HOUSING. (a) In General.--Section 576 of the Quality Housing and Work Responsibility Act of 1998 (42 U.S.C. 13661) is amended by striking subsections (a), (b), and (c) and inserting the following: ``(a) Ineligibility of Illegal Drug Users and Alcohol Abusers.-- Notwithstanding any other provision of law, a public housing agency or an owner of federally assisted housing, as determined by the Secretary, may only prohibit admission to the program or admission to federally assisted housing for an individual whom the public housing agency or owner determines is illegally using a controlled substance or abusing alcohol if-- ``(1) the agency or owner determines that the individual is using the controlled substance or abusing alcohol in a manner that interferes with the health or safety of other residents; and ``(2) the individual is not participating in a substance use disorder assessment and treatment. ``(b) Authority To Deny Admission to Criminal Offenders.-- ``(1) In general.--Except as provided in subsection (a), in addition to any other authority to screen applicants, and subject to paragraphs (2) and (3) of this subsection, a public housing agency or an owner of federally assisted housing may only prohibit admission to the program or to federally assisted housing for an individual based on criminal activity of the individual if the public housing agency or owner determines that the individual, during a reasonable time preceding the date on which the individual would otherwise be selected for admission, was convicted of a crime involving conduct that threatens the health or safety of other residents. ``(2) Exceptions and limitations.--A conviction that has been vacated, a conviction the record of which has been sealed or expunged, or a conviction for a crime committed by an individual when the individual was less than 18 years of age, shall not be grounds for denial of admission under paragraph (1). ``(3) Admission policy.-- ``(A) Factors to consider.--In evaluating the criminal history of an individual under paragraph (1), a public housing agency or an owner of federally assisted housing shall consider-- ``(i) whether an offense of which the individual was convicted bears a relationship to the safety and security of other residents; ``(ii) the level of violence, if any, of an offense of which the individual was convicted; ``(iii) the length of time since a conviction; ``(iv) the number of convictions; ``(v) if the individual is in recovery for a substance use disorder, whether the individual was under the influence of alcohol or illegal drugs at the time of an offense; and ``(vi) any rehabilitation efforts that the individual has undertaken since the time of a conviction, including completion of a substance use treatment program. ``(B) Written policy.--A public housing agency or an owner of federally assisted housing shall establish and make available to applicants a written admission policy that enumerates the specific factors, including the factors described in subparagraph (A), that will be considered when the public housing agency or owner evaluates the criminal history of an individual under paragraph (1).''. (b) Updating Regulations.--The Secretary of Housing and Urban Development shall amend subpart I of part 5 of title 24, Code of Federal Regulations, as necessary to implement the amendment made by subsection (a) of this section. SEC. 404. VETERANS TREATMENT COURTS. Section 2991 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10651) is amended-- (1) in subsection (a)-- (A) in paragraph (2)-- (i) in the matter preceding subparagraph (A)-- (I) by inserting ``, substance use disorder,'' after ``mental health''; and (II) by inserting ``or adults or juveniles with substance use disorders'' after ``mentally ill adults or juveniles''; (ii) in subparagraph (A), by inserting ``or substance use'' after ``mental health''; and (iii) in subparagraph (B), by inserting ``or substance use'' after ``mental health''; (B) in paragraph (4)-- (i) in subparagraph (A), by inserting ``or substance use disorder'' after ``mental health''; and (ii) in subparagraph (C), by inserting ``or offenders with substance use disorders'' after ``mentally ill offenders''; (C) in paragraph (5)-- (i) in the heading, by inserting ``or substance use disorder'' after ``Mental health''; (ii) by striking ``mental health agency'' and inserting ``mental health or substance use agency''; and (iii) by inserting ``, substance use services,'' after ``mental health services''; (D) in paragraph (9)-- (i) in subparagraph (A)-- (I) in clause (i)-- (aa) in subclause (I), by inserting ``, a substance use disorder,'' after ``a mental illness''; and (bb) in subclause (II), by inserting ``, substance use disorder,'' after ``mental illness''; and (II) in clause (ii)(II), by inserting ``or substance use'' after ``mental health''; (E) by redesignating paragraph (11) as paragraph (12); and (F) by inserting after paragraph (10) the following: ``(11) Substance use court.--The term `substance use court' means a judicial program that meets the requirements of part EE of this title.''; (2) in subsection (b)-- (A) in paragraph (2)-- (i) in subparagraph (A), by inserting ``, substance use courts,'' after ``mental health courts''; (ii) in subparagraph (B)-- (I) by inserting ``mental health disorders, substance use disorders, or'' before ``co-occurring mental illness and substance use problems''; and (II) by striking ``illnesses'' and inserting ``disorders, illnesses, or problems''; (iii) in subparagraph (C)-- (I) in the matter preceding clause (i)-- (aa) by striking ``mental health agencies'' and inserting ``mental health or substance use agencies''; and (bb) by striking ``and, where appropriate,'' and inserting ``or''; and (II) in clause (i), by inserting ``, substance use disorders,'' after ``mental illness''; and (iv) in subparagraph (D), by inserting ``or offender with a substance use disorder'' after ``mentally ill offender''; and (B) in paragraph (5)-- (i) in subparagraph (B)-- (I) in clause (i)-- (aa) by inserting ``or substance use court'' after ``mental health court''; and (bb) by striking ``mental health agency'' and inserting ``mental health or substance use agency''; and (II) in clause (ii), by striking ``and substance use services for individuals with co-occurring mental health and substance use disorders'' and inserting ``or substance use services''; (ii) in subparagraph (C)-- (I) in clause (i)(I), by inserting ``, substance use disorders,'' after ``mental illness''; (II) in clause (ii)-- (aa) in subclause (II), by inserting ``, substance use,'' after ``mental health,''; (bb) in subclause (V), by striking ``mental health services'' and inserting ``mental health or substance use services''; and (cc) in subclause (VI), by inserting ``or individuals with substance use disorders'' after ``mentally ill individuals''; (iii) in subparagraph (D), by inserting ``or offenders with substance use disorders'' after ``mentally ill offenders''; (iv) in subparagraph (E), by inserting ``or substance use disorders'' after ``mental illness''; (v) in subparagraph (H), by striking ``and mental health'' and inserting ``, mental health, and substance use''; and (vi) in subparagraph (I)-- (I) in clause (i)-- (aa) in the heading, by inserting ``, substance use courts,'' after ``Mental health courts''; (bb) by inserting ``or substance use courts'' after ``mental health courts''; and (cc) by inserting ``or part EE, as applicable,'' after ``part V''; and (II) in clause (iv), by inserting ``or substance use'' after ``mental health''; (3) in subsection (c)-- (A) in paragraph (1), by inserting ``, offenders with substance use disorders,'' after ``mentally ill offenders''; (B) in paragraph (2), by inserting `` and offenders with substance use disorders'' after ``mentally ill offenders''; and (C) in paragraph (3), by inserting ``or substance use courts'' after ``mental health courts''; (4) in subsection (e)-- (A) in paragraph (1), by inserting ``or substance use disorders'' after ``mental illness''; and (B) in paragraph (4), by inserting ``or substance use disorders'' after ``mental illness''; (5) in subsection (h)-- (A) in the heading, by inserting ``and Offenders With Substance Use Disorders'' after ``Mentally Ill Offenders''; (B) in paragraph (1)-- (i) in subparagraph (A), by inserting ``or substance use disorders'' after ``mental illnesses''; (ii) in subparagraph (C), by inserting ``or offenders with substance use disorders'' after ``mentally ill offenders''; (iii) in subparagraph (D)-- (I) by inserting ``or substance use'' after ``mental health''; and (II) by inserting ``or offenders with substance use disorders'' after ``mentally ill offenders''; (iv) in subparagraph (E), by inserting ``or substance use disorders'' after ``mental illnesses''; and (v) in subparagraph (F), by inserting ``, substance use disorders,'' after ``mental health disorders''; and (C) in paragraph (2), by inserting ``or substance use disorders'' after ``mental illnesses''; (6) in subsection (i)(2)-- (A) in subparagraph (B)-- (i) by redesignating clauses (i), (ii), and (iii) as subclauses (I), (II), and (III), and adjusting the margins accordingly; (ii) in the matter preceding subclause (I), as so redesignated, by striking ``shall give priority to applications that--'' and inserting the following: ``shall give priority to-- ``(i) applications that--''; and (iii) by striking the period at the end and inserting the following: ``; and ``(ii) applications to establish or expand veterans treatment court programs that-- ``(I) allow participation by a veteran receiving any type of medication-assisted treatment that involves the use of any drug or combination of drugs that have been approved under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) or section 351 of the Public Health Service Act (42 U.S.C. 262) for the treatment of an opioid use disorder; ``(II) follow the Adult Drug Court Best Practice Standards published by the National Association of Drug Court Professionals; and ``(III) provide culturally competent (as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15002)) services.''; and (B) by adding at the end the following: ``(C) Disclosure and reporting requirements.-- ``(i) Requirements for veterans treatment court program grantees.--An applicant that receives a grant under this subsection to establish or expand a veterans treatment court program shall-- ``(I) disclose to the Attorney General any contract or relationship between the applicant and a local treatment provider; ``(II) track and report to the Attorney General the number of referrals to local treatment providers provided by the program; and ``(III) track and report to the Attorney General, with respect to each participant in the program-- ``(aa) each charge brought against the participant; ``(bb) the demographics of the participant; and ``(cc) the outcome of the participant's case. ``(ii) Attorney general report.--The Attorney General shall periodically submit to Congress a report containing the information reported to the Attorney General under clause (i). ``(D) Sense of congress regarding veterans treatment court programs.--It is the sense of Congress that a veterans treatment court program that receives funding from a grant under this subsection should not exclude individuals who are chronically exposed to the criminal justice system.''; (7) in subsection (j)-- (A) in paragraph (1), by inserting ``or substance use disorders'' after ``mental illness''; and (B) in paragraph (2)(A), by inserting ``or substance use disorders'' after ``mental illnesses''; (8) in subsection (k)(3)(A)(i)(I)(aa), by inserting `` or substance use disorders'' after ``mental illnesses''; (9) in subsection (l)-- (A) in paragraph (1)(B)(ii), by inserting ``or substance use disorder'' after ``mental illness'' each place that term appears; and (B) in paragraph (2)-- (i) in subparagraph (C)(iii), by inserting ``or substance use'' after ``mental health''; and (ii) in subparagraph (D), by striking ``mental health or'' and inserting ``mental health disorders, substance use disorders, or''; and (10) in subsection (o)(3)-- (A) by striking ``Limitation'' and inserting ``Veterans''; (B) by striking ``Not more than'' and inserting the following: ``(A) Limitation.--Not more than''; (C) in subparagraph (A), as so designated, by striking ``this section'' and inserting ``paragraph (1)''; and (D) by adding at the end the following: ``(B) Additional funding.--In addition to the amounts authorized under paragraph (1), there are authorized to be appropriated to the Department of Justice to carry out subsection (i) $20,000,000 for each of fiscal years 2022 through 2026.''. SEC. 405. INFRASTRUCTURE FOR REENTRY. (a) Community Economic Development Grants.--Section 680(a)(2) of the Community Services Block Grant Act (42 U.S.C. 9921(a)(2)) is amended-- (1) in subparagraph (A)-- (A) by striking ``to private, nonprofit organizations that are community development corporations'' and inserting the following: ``to-- ``(i) private, nonprofit community development corporations''; (B) by striking the period at the end and inserting ``; or''; and (C) by adding at the end the following: ``(ii) community development corporations described in clause (i), or partnerships between such a corporation and another private, nonprofit entity, to fund and oversee the construction of facilities for treatment of mental and substance use disorders, supportive housing, or of re-entry centers, that are not jails, prisons, or other correctional facilities.''; (2) in subparagraph (C)-- (A) by inserting ``or partnership'' after ``corporation'' each place it appears; (B) by striking ``principal purpose planning'' and inserting ``principal purpose-- ``(i) planning''; (C) by striking the period at the end and inserting ``; or''; and ``(ii) planning or constructing facilities for crisis intervention, treatment of mental and substance use disorders, supportive housing, or of re-entry centers.''; and (3) by adding at the end the following: ``(F) Definition.--In this paragraph, the term `crisis intervention' means the provision of immediate, short-term assistance to individuals who are experiencing acute emotional, mental, physical, and behavioral distress or problems using a `one-stop' model.''. (b) CDBG Assistance for Construction of Substance Abuse and Mental Health Treatment Facilities, Supportive Housing, and Reentry Centers.-- Section 105(a) of the Housing and Community Development Act of 1974 (42 U.S.C. 5305(a)) is amended-- (1) in paragraph (25), by striking ``and'' at the end; (2) in paragraph (26), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(27) the construction of crisis intervention centers, substance abuse and mental health treatment facilities, supportive housing, and reentry centers.''. (c) Communities Facilities Loan and Grant Programs.--Section 306(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1926(a)) is amended-- (1) by inserting after paragraph (6) the following: ``(7) Prohibition on use of loans for certain purposes.--No loan made or insured under this subsection shall be used to support the construction, renovation, equipment purchasing, operation, staffing, or any other function of a jail, prison, detention center, or other correctional facility.''; and (2) in paragraph (19), by adding at the end the following: ``(C) Prohibition on use of grants for certain purposes.--No grant made under this paragraph shall be used to support the construction, renovation, equipment purchasing, operation, staffing, or any other function of a jail, prison, detention center, or other correctional facility. ``(D) Inclusion of certain infrastructure for reentry.--In this paragraph, the terms `essential community facility' and `facility' include a crisis intervention center, substance abuse or mental health treatment facility, a supportive housing facility, and a reentry center.''. <all>

CARA 3.0 Act of 2021

To provide support with respect to the prevention of, treatment for, and recovery from, substance use disorder.

CARA 3.0 Act of 2021

Rep. Trone, David J.

D

MD

H.R.6578

International Affairs

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

To direct the Secretary of State to seek to enter into negotiations with the Taipei Economic and Cultural Representative Office to rename its office the ``Taiwan Representative Office'', and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Taiwan Representative Office Act''. SEC. 2. DESIGNATION OF AND REFERENCES TO TAIWAN REPRESENTATIVE OFFICE. (a) Statement of Policy.--It shall be the policy of the United States, consistent with the Taiwan Relations Act (22 U.S.C. 3301 et seq.) and the Six Assurances, to provide the people of Taiwan with de facto diplomatic treatment equivalent to foreign countries, nations, states, governments, or similar entities, and, consistent with this policy, to rename the ``Taipei Economic and Cultural Representative Office'' in the United States as the ``Taiwan Representative Office''. (b) Renaming.--The Secretary of State shall seek to enter into negotiations with the Taipei Economic and Cultural Representative Office to rename its office in Washington, DC, the ``Taiwan Representative Office''. (c) References.--If the Taipei Economic and Cultural Representative Office is designated as the Taiwan Representative Office, any reference in a law, map, regulation, document, paper, or other record of the United States Government to the Taipei Economic and Cultural Representative Office shall be deemed to be a reference to the Taiwan Representative Office, including for all official purposes of the Government of the United States, all courts of the United States, and any proceedings therein. (d) Rule of Construction.--Nothing in this section shall be construed as entailing restoration of diplomatic relations with the Republic of China (Taiwan) or altering the position of the United States with respect to the international status of Taiwan. <all>

Taiwan Representative Office Act

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

Taiwan Representative Office Act

Rep. Curtis, John R.

R

UT

S.3924

International Affairs

Global Magnitsky Human Rights Accountability Extension Act This bill extends through December 31, 2034, the authority of the President to impose sanctions on foreign persons involved in certain gross violations of internationally recognized human rights and significant acts of corruption.

To amend the Global Magnitsky Human Rights Accountability Act to extend the sunset for sanctions with respect to human rights violations. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Global Magnitsky Human Rights Accountability Extension Act''. SEC. 2. REAUTHORIZATION OF SANCTIONS WITH RESPECT TO HUMAN RIGHTS VIOLATIONS. Section 1265 of the Global Magnitsky Human Rights Accountability Act (Subtitle F of title XII of Public Law 114-328; 22 U.S.C. 2656 note) is amended by striking ``the date that is 6 years after the date of the enactment of this Act'' and inserting ``December 31, 2034''. <all>

Global Magnitsky Human Rights Accountability Extension Act

A bill to amend the Global Magnitsky Human Rights Accountability Act to extend the sunset for sanctions with respect to human rights violations.

Global Magnitsky Human Rights Accountability Extension Act

Sen. Rubio, Marco

R

FL

H.R.2367

Health

Studying Outcomes and Benchmarks for Effective Recovery Homes Act or the SOBER Homes Act This bill requires the Substance Abuse and Mental Health Services Administration to contract with the National Academies of Sciences, Engineering, and Medicine (NASEM) to study and make recommendations on recovery housing. Recovery housing refers to shared living environments free from alcohol and illicit drug use and centered on peer support and connection to services that promote sustained recovery from substance use disorders. As part of the study, NASEM must identify relevant research and data gaps that hinder reporting on the quality and effectiveness of recovery housing. After publication of the study, the Department of Health and Human Services must contract with an appropriate entity to conduct research to fill those gaps.

To direct the Secretary of Health and Human Services to enter an agreement with the National Academies of Sciences, Engineering, and Medicine to conduct a study on the quality and effectiveness of covered recovery housing in the United States, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Studying Outcomes and Benchmarks for Effective Recovery Homes Act'' or the ``SOBER Homes Act''. SEC. 2. NAS STUDY AND REPORT. (a) In General.--Not later than 60 days after the date of enactment of this Act, the Secretary of Health and Human Services, acting through the Assistant Secretary for Mental Health and Substance Use, shall enter into an arrangement with the National Academies of Sciences, Engineering, and Medicine to conduct a study, which may include a literature review and case studies as appropriate, on-- (1) the quality and effectiveness of recovery housing in the United States, including the availability in the United States of high-quality recovery housing and whether that availability meets the demand for such housing in the United States; and (2) State, Tribal, and local regulation and oversight of recovery housing. (b) Topics.--The study under subsection (a) shall include a literature review of studies that-- (1) examine the quality of, and effectiveness outcomes for, the types and characteristics of covered recovery housing programs listed in subsection (c); and (2) identify the research and data gaps that must be filled to better report on the quality of, and effectiveness outcomes related to, covered recovery housing. (c) Type and Characteristics.--The types and characteristics of covered recovery housing programs referred to in subsection (b) consist of the following: (1) Nonprofit and for-profit covered recovery housing. (2) Private and public covered recovery housing. (3) Covered recovery housing programs that provide services to-- (A) residents on a voluntary basis; and (B) residents pursuant to a judicial order. (4) Number of clients served, disaggregated to the extent possible by covered recovery housing serving-- (A) 6 or fewer recovering residents; (B) 10 to 13 recovering residents; and (C) 18 or more recovering residents. (5) Bedroom occupancy in a house, disaggregated to the extent possible by-- (A) single room occupancy; (B) 2 residents occupying 1 room; and (C) more than 2 residents occupying 1 room. (6) Duration of services received by clients, disaggregated to the extent possible according to whether the services were-- (A) 30 days or fewer; (B) 31 to 90 days; (C) more than 90 days and fewer than 6 months; or (D) 6 months or more. (7) Certification levels of staff. (8) Fraudulent and abusive practices by operators of covered recovery housing and inpatient and outpatient treatment facilities, both individually and in concert, including-- (A) deceptive or misleading marketing practices, including-- (i) inaccurate outcomes-based marketing; and (ii) marketing based on non-evidence based practices; (B) illegal patient brokering; (C) third-party recruiters; (D) deceptive or misleading marketing practices of treatment facility and recovery housing online aggregators; and (E) the impact of such practices on health care costs and recovery rates. (d) Report.--The arrangement under subsection (a) shall require, by not later than 12 months after the date of entering into the agreement-- (1) completing the study under such subsection; and (2) making publicly available (including through publication on the internet) a report that contains-- (A) the results of the study; (B) the National Academy's recommendations for Federal, State, and local policies to promote the availability of high-quality recovery housing in the United States; (C) research and data gaps; (D) recommendations for recovery housing quality and effectiveness metrics; (E) recommended mechanisms to collect data on those metrics, including with respect to research and data gaps; and (F) a summary of allegations, assertions, or formal legal actions on the State and local levels by governments and nongovernmental organizations with respect to the opening and operation of recovery housing. (e) Definitions.--In this subsection: (1) The term ``covered recovery housing'' means recovery housing that utilizes compensated or volunteer onsite staff who are not health care professionals to support residents. (2) The term ``effectiveness outcomes'' may include decreased substance use, reduced probability of relapse or reoccurrence, lower rates of incarceration, higher income, increased employment, and improved family functioning. (3) The term ``health care professional'' means an individual who is licensed or otherwise authorized by the State to provide health care services. (4) The term ``recovery housing'' means a shared living environment that is or purports to be-- (A) free from alcohol and use of nonprescribed drugs; and (B) centered on connection to services that promote sustained recovery from substance use disorders. (f) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $1,500,000 for fiscal year 2022. SEC. 3. FILLING RESEARCH AND DATA GAPS. Not later than 60 days after the completion of the study under section 5, the Secretary of Health and Human Services shall enter into an agreement with an appropriate entity to conduct such research as may be necessary to fill the research and data gaps identified in reporting pursuant to such section. <all>

SOBER Homes Act

To direct the Secretary of Health and Human Services to enter an agreement with the National Academies of Sciences, Engineering, and Medicine to conduct a study on the quality and effectiveness of covered recovery housing in the United States, and for other purposes.

SOBER Homes Act Studying Outcomes and Benchmarks for Effective Recovery Homes Act

Rep. Levin, Mike

D

CA

H.R.8373

Health

Right to Contraception Act This bill sets out statutory protections for an individual's right to access and a health care provider's right to provide contraception and related information. Contraception refers to an action taken to prevent pregnancy, including the use of contraceptives (i.e., a device or medication used to prevent pregnancy), fertility-awareness based methods, and sterilization procedures. Generally, the bill prohibits measures that single out and impede access to contraception and related information. However, a party may defend against a claim that a measure violates the bill's prohibitions by demonstrating, through clear and convincing evidence, that the measure significantly advances access to contraception and cannot be achieved through less restrictive means. The Department of Justice, individuals, or health care providers may bring a lawsuit to enforce this bill, and states are not immune from suits for violations.

To protect a person's ability to access contraceptives and to engage in contraception, and to protect a health care provider's ability to provide contraceptives, contraception, and information related to contraception. Be it enacted by the Senate 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 Contraception Act''. SEC. 2. DEFINITIONS. In this Act: (1) Contraception.--The term ``contraception'' means an action taken to prevent pregnancy, including the use of contraceptives or fertility-awareness based methods, and sterilization procedures. (2) Contraceptive.--The term ``contraceptive'' means any drug, device, or biological product intended for use in the prevention of pregnancy, whether specifically intended to prevent pregnancy or for other health needs, that is legally marketed under the Federal Food, Drug, and Cosmetic Act, such as oral contraceptives, long-acting reversible contraceptives, emergency contraceptives, internal and external condoms, injectables, vaginal barrier methods, transdermal patches, and vaginal rings, or other contraceptives. (3) Government.--The term ``government'' includes each branch, department, agency, instrumentality, and official of the United States or a State. (4) Health care provider.--The term ``health care provider'' means, with respect to a State, any entity or individual (including any physician, certified nurse-midwife, nurse, nurse practitioner, physician assistant, and pharmacist) that is licensed or otherwise authorized by the State to provide health care services. (5) State.--The term ``State'' includes each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, and each territory and possession of the United States, and any subdivision of any of the foregoing, including any unit of local government, such as a county, city, town, village, or other general purpose political subdivision of a State. SEC. 3. FINDINGS. Congress finds the following: (1) The right to contraception is a fundamental right, central to a person's privacy, health, wellbeing, dignity, liberty, equality, and ability to participate in the social and economic life of the Nation. (2) The Supreme Court has repeatedly recognized the constitutional right to contraception. (3) In Griswold v. Connecticut (381 U.S. 479 (1965)), the Supreme Court first recognized the constitutional right for married people to use contraceptives. (4) In Eisenstadt v. Baird (405 U.S. 438 (1972)), the Supreme Court confirmed the constitutional right of all people to legally access contraceptives regardless of marital status. (5) In Carey v. Population Services International (431 U.S. 678 (1977)), the Supreme Court affirmed the constitutional right to contraceptives for minors. (6) The right to contraception has been repeatedly recognized internationally as a human right. The United Nations Population Fund has published several reports outlining family planning as a basic human right that advances women's health, economic empowerment, and equality. (7) Access to contraceptives is internationally recognized by the World Health Organization as advancing other human rights such as the right to life, liberty, expression, health, work, and education. (8) Contraception is safe, essential health care, and access to contraceptive products and services is central to people's ability to participate equally in economic and social life in the United States and globally. Contraception allows people to make decisions about their families and their lives. (9) Contraception is key to sexual and reproductive health. Contraception is critical to preventing unintended pregnancy and many contraceptives are highly effective in preventing and treating a wide array of often severe medical conditions and decrease the risk of certain cancers. (10) Family planning improves health outcomes for women, their families, and their communities and reduces rates of maternal and infant mortality and morbidity. (11) The United States has a long history of reproductive coercion, including the childbearing forced upon enslaved women, as well as the forced sterilization of Black women, Puerto Rican women, indigenous women, immigrant women, and disabled women, and reproductive coercion continues to occur. (12) The right to make personal decisions about contraceptive use is important for all Americans, and is especially critical for historically marginalized groups, including Black, indigenous, and other people of color; immigrants; LGBTQ people; people with disabilities; people with low incomes; and people living in rural and underserved areas. Many people who are part of these marginalized groups already face barriers--exacerbated by social, political, economic, and environmental inequities--to comprehensive health care, including reproductive health care, that reduce their ability to make decisions about their health, families, and lives. (13) State and Federal policies governing pharmaceutical and insurance policies affect the accessibility of contraceptives, and the settings in which contraception services are delivered. (14) People engage in interstate commerce to access contraception services. (15) To provide contraception services, health care providers employ and obtain commercial services from doctors, nurses, and other personnel who engage in interstate commerce and travel across State lines. (16) Congress has the authority to enact this Act to protect access to contraception pursuant to-- (A) its powers under the Commerce Clause of section 8 of article I of the Constitution of the United States; (B) its powers under section 5 of the Fourteenth Amendment to the Constitution of the United States to enforce the provisions of section 1 of the Fourteenth Amendment; and (C) its powers under the necessary and proper clause of section 8 of article I of the Constitution of the United States. (17) Congress has used its authority in the past to protect and expand access to contraception information, products, and services. (18) In 1970, Congress established the family planning program under title X of the Public Health Service Act (42 U.S.C. 300 et seq.), the only Federal grant program dedicated to family planning and related services, providing access to information, products, and services for contraception. (19) In 1972, Congress required the Medicaid program to cover family planning services and supplies, and the Medicaid program currently accounts for 75 percent of Federal funds spent on family planning. (20) In 2010, Congress enacted the Patient Protection and Affordable Care Act (Public Law 111-148) (referred to in this section as the ``ACA''). Among other provisions, the ACA included provisions to expand the affordability and accessibility of contraception by requiring health insurance plans to provide coverage for preventive services with no patient cost-sharing. (21) Despite the clearly established constitutional right to contraception, access to contraceptives, including emergency contraceptives and long-acting reversible contraceptives, has been obstructed across the United States in various ways by Federal and State governments. (22) As of 2022, at least 4 States tried to ban access to some or all contraceptives by restricting access to public funding for these products and services. Furthermore, Arkansas, Mississippi, Missouri, and Texas have infringed on people's ability to access their contraceptive care by violating the free choice of provider requirement under the Medicaid program. (23) Providers' refusals to offer contraceptives and information related to contraception based on their own personal beliefs impede patients from obtaining their preferred method, with laws in 12 States as of the date of introduction of this Act specifically allowing health care providers to refuse to provide services related to contraception. (24) States have attempted to define abortion expansively so as to include contraceptives in State bans on abortion and have also restricted access to emergency contraception. (25) In June 2022, Justice Thomas, in his concurring opinion in Dobbs v. Jackson Women's Health Organization (597 U.S. __ (2022)), stated that the Supreme Court ``should reconsider all of this Court's substantive due process precedents, including Griswold, Lawrence, and Obergefell'' and that the Court has ``a duty to correct the error established in those precedents'' by overruling them. (26) In order to further public health and to combat efforts to restrict access to reproductive health care, congressional action is necessary to protect access to contraceptives, contraception, and information related to contraception for everyone, regardless of actual or perceived race, ethnicity, sex (including gender identity and sexual orientation), income, disability, national origin, immigration status, or geography. SEC. 4. PERMITTED SERVICES. (a) General Rule.--A person has a statutory right under this Act to obtain contraceptives and to engage in contraception, and a health care provider has a corresponding right to provide contraceptives, contraception, and information related to contraception. (b) Limitations or Requirements.--The statutory rights specified in subsection (a) shall not be limited or otherwise infringed through any limitation or requirement that-- (1) expressly, effectively, implicitly, or as implemented singles out the provision of contraceptives, contraception, or contraception-related information; health care providers who provide contraceptives, contraception, or contraception-related information; or facilities in which contraceptives, contraception, or contraception-related information is provided; and (2) impedes access to contraceptives, contraception, or contraception-related information. (c) Exception.--To defend against a claim that a limitation or requirement violates a health care provider's or patient's statutory rights under subsection (b), a party must establish, by clear and convincing evidence, that-- (1) the limitation or requirement significantly advances access to contraceptives, contraception, and information related to contraception; and (2) access to contraceptives, contraception, and information related to contraception or the health of patients cannot be advanced by a less restrictive alternative measure or action. SEC. 5. APPLICABILITY AND PREEMPTION. (a) In General.-- (1) General application.--Except as stated under subsection (b), this Act supersedes and applies to the law of the Federal Government and each State government, and the implementation of such law, whether statutory, common law, or otherwise, and whether adopted before or after the date of enactment of this Act, and neither the Federal Government nor any State government shall administer, implement, or enforce any law, rule, regulation, standard, or other provision having the force and effect of law that conflicts with any provision of this Act, notwithstanding any other provision of Federal law, including the Religious Freedom Restoration Act of 1993 (42 U.S.C. 2000bb et seq.). (2) Subsequently enacted federal legislation.--Federal statutory law adopted after the date of the enactment of this Act is subject to this Act unless such law explicitly excludes such application by reference to this Act. (b) Limitations.--The provisions of this Act shall not supersede or otherwise affect any provision of Federal law relating to coverage under (and shall not be construed as requiring the provision of specific benefits under) group health plans or group or individual health insurance coverage or coverage under a Federal health care program (as defined in section 1128B(f) of the Social Security Act (42 U.S.C. 1320a-7b(f))), including coverage provided under section 1905(a)(4)(C) of the Social Security Act (42 U.S.C. 1396d(a)(4)(C)) and section 2713 of Public Health Service Act (42 U.S.C. 300gg-13). (c) Defense.--In any cause of action against an individual or entity who is subject to a limitation or requirement that violates this Act, in addition to the remedies specified in section 7, this Act shall also apply to, and may be raised as a defense by, such an individual or entity. (d) Effective Date.--This Act shall take effect immediately upon the date of enactment of this Act. SEC. 6. RULES OF CONSTRUCTION. (a) In General.--In interpreting the provisions of this Act, a court shall liberally construe such provisions to effectuate the purposes of the Act. (b) Rules of Construction.--Nothing in this Act shall be construed-- (1) to authorize any government to interfere with a health care provider's ability to provide contraceptives or information related to contraception or a patient's ability to obtain contraceptives or to engage in contraception; or (2) to permit or sanction the conduct of any sterilization procedure without the patient's voluntary and informed consent. (c) Other Individuals Considered as Government Officials.--Any person who, by operation of a provision of Federal or State law, is permitted to implement or enforce a limitation or requirement that violates section 4 shall be considered a government official for purposes of this Act. SEC. 7. ENFORCEMENT. (a) Attorney General.--The Attorney General may commence a civil action on behalf of the United States against any State that violates, or against any government official (including a person described in section 6(c)) that implements or enforces a limitation or requirement that violates, section 4. The court shall hold unlawful and set aside the limitation or requirement if it is in violation of this Act. (b) Private Right of Action.-- (1) In general.--Any individual or entity, including any health care provider or patient, adversely affected by an alleged violation of this Act, may commence a civil action against any State that violates, or against any government official (including a person described in section 6(c)) that implements or enforces a limitation or requirement that violates, section 4. The court shall hold unlawful and set aside the limitation or requirement if it is in violation of this Act. (2) Health care provider.--A health care provider may commence an action for relief on its own behalf, on behalf of the provider's staff, and on behalf of the provider's patients who are or may be adversely affected by an alleged violation of this Act. (c) Equitable Relief.--In any action under this section, the court may award appropriate equitable relief, including temporary, preliminary, or permanent injunctive relief. (d) Costs.--In any action under this section, the court shall award costs of litigation, as well as reasonable attorney's fees, to any prevailing plaintiff. A plaintiff shall not be liable to a defendant for costs or attorney's fees in any non-frivolous action under this section. (e) Jurisdiction.--The district courts of the United States shall have jurisdiction over proceedings under this Act and shall exercise the same without regard to whether the party aggrieved shall have exhausted any administrative or other remedies that may be provided for by law. (f) Abrogation of State Immunity.--Neither a State that enforces or maintains, nor a government official (including a person described in section 6(c)) who is permitted to implement or enforce any limitation or requirement that violates section 4 shall be immune under the Tenth Amendment to the Constitution of the United States, the Eleventh Amendment to the Constitution of the United States, or any other source of law, from an action in a Federal or State court of competent jurisdiction challenging that limitation or requirement. SEC. 8. 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. Passed the House of Representatives July 21, 2022. Attest: Clerk. 117th CONGRESS 2d Session H. R. 8373 _______________________________________________________________________

Right to Contraception Act

To protect a person's ability to access contraceptives and to engage in contraception, and to protect a health care provider's ability to provide contraceptives, contraception, and information related to contraception. To protect a person’s ability to access contraceptives and to engage in contraception, and to protect a health care provider’s ability to provide contraceptives, contraception, and information related to contraception.

Right to Contraception Act Right to Contraception Act

Rep. Manning, Kathy E.

D

NC

H.R.342

Armed Forces and National Security

PFC Garfield M. Langhorn Memorial Semipostal Stamp to Benefit our Veterans Act of 2021 This bill directs the U.S. Postal Service to issue a PFC Garfield M. Langhorn Memorial Semipostal Stamp to Benefit our Veterans, with all proceeds benefitting the Supportive Services for Veteran Families program.

To provide for the issuance of a PFC Garfield M. Langhorn Memorial Semipostal Stamp to Benefit our Veterans, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``PFC Garfield M. Langhorn Memorial Semipostal Stamp to Benefit our Veterans Act of 2021''. (b) Findings.--The Congress finds the following: (1) PFC Garfield M. Langhorn was deployed to Vietnam as a private first class and radio operator with Troop C, 7th Squadron (Airmobile), 17th Cavalry Regiment, 1st Aviation Brigade. (2) On January 15, 1969, PFC Langhorn and his unit responded to a downed American helicopter near Plei Djereng in Pleiku Province, South Vietnam. After PFC Langhorn and his unit responded to the downed helicopter, they were attacked by entrenched North Vietnamese forces. (3) During the battle, PFC Langhorn threw himself on an active enemy hand grenade that had been thrown near several wounded soldiers. PFC Langhorn was killed during the explosion but saved the lives of the rest of his platoon. (4) On April 7, 1970, the President of the United States of America, in the name of Congress, awarded PFC Garfield Langhorn the Congressional Medal of Honor posthumously to commemorate his conspicuous gallantry and intrepidity in action at the risk of his life above and beyond the call of duty. SEC. 2. PFC GARFIELD M. LANGHORN MEMORIAL SEMIPOSTAL STAMP TO BENEFIT OUR VETERANS. (a) In General.--In order to afford a convenient way for members of the public to contribute to funding for the Supportive Services for Veteran Families program of the Department of Veterans Affairs under section 2044 of title 38, United States Code, the United States Postal Service shall issue a semipostal stamp (referred to in this Act as the ``PFC Garfield M. Langhorn Memorial Semipostal Stamp to Benefit our Veterans'') in accordance with the provisions of this section. (b) Cost.--The PFC Garfield M. Langhorn Memorial Semipostal Stamp to Benefit our Veterans shall be offered at a cost equal to the cost of mailing a letter weighing 1 ounce or less at the nonautomation single- piece first-ounce letter rate, in effect at the time of purchase, plus a differential of not less than 25 percent. (c) Other Terms and Conditions.--The issuance and sale of the PFC Garfield M. Langhorn Memorial Semipostal Stamp to Benefit our Veterans shall be governed by the provisions of section 416 of title 39, United States Code, and regulations issued under such section, subject to subsection (b) and the following: (1) Disposition of proceeds.-- (A) In general.--All amounts becoming available from the sale of the PFC Garfield M. Langhorn Memorial Semipostal Stamp to Benefit our Veterans shall be transferred to the Department of Veterans Affairs for the purpose of funding the operations of the program described in subsection (a), through payments which shall be made at least twice a year. (B) Proceeds not to be offset.--In accordance with section 416(d)(4) of such title 39, amounts becoming available from the sale of the PFC Garfield M. Langhorn Memorial Semipostal Stamp to Benefit our Veterans (as so determined) shall not be taken into account in any decision relating to the level of appropriations or other Federal funding to be furnished in any year to the program described in subsection (a) or to the Department of Veterans Affairs. (2) Duration.--The PFC Garfield M. Langhorn Semipostal Stamp to Benefit our Veterans shall be made available to the public for a period of at least 5 years, beginning no later than 12 months after the date of the enactment of this Act. (3) Stamp depictions.--Stamps issued under this Act shall depict PFC Garfield M. Langhorn. (4) Limitation.--The PFC Garfield M. Langhorn Semipostal Stamp to Benefit our Veterans shall not be subject to, or taken into account for purposes of applying, any limitation under section 416(e)(1)(C) of such title 39. (d) Definition.--For purposes of this Act, the term ``semipostal stamp'' refers to a stamp described in section 416(a)(1) of title 39, United States Code. <all>

PFC Garfield M. Langhorn Memorial Semipostal Stamp to Benefit our Veterans Act of 2021

To provide for the issuance of a PFC Garfield M. Langhorn Memorial Semipostal Stamp to Benefit our Veterans, and for other purposes.

PFC Garfield M. Langhorn Memorial Semipostal Stamp to Benefit our Veterans Act of 2021

Rep. Zeldin, Lee M.

R

NY

H.R.6681

Finance and Financial Sector

100th anniversary of the Lincoln Memorial Commemorative Coin Act This bill directs the Department of the Treasury to mint and issue not more than 500,000 $1 coins in commemoration of the 100th anniversary of the Lincoln Memorial. All sales of coins issued under this bill shall include a surcharge which shall be paid to the Trust of the National Mall for the purpose of restoring and preserving the Lincoln Memorial.

To require the Secretary of the Treasury to mint commemorative coins in recognition of the 100th anniversary of the Lincoln Memorial. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``100th anniversary of the Lincoln Memorial Commemorative Coin Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) The year 2022 marks the 100th anniversary of the Lincoln Memorial on the National Mall, dedicated on May 30, 1922. (2) The iconic Lincoln Memorial is a U.S. national memorial built in the style of a neoclassical temple in honor of the 16th President of the United States. Designed by Henry Bacon and sited on the western end of the National Mall across from the Washington Monument, the memorial contains a grand seated sculpture of Abraham Lincoln and includes inscriptions of passages from the Gettysburg Address and Lincoln's second inaugural address. (3) The most visited monument on the National Mall, the Lincoln Memorial provides visitors with a grand view of the Mall and meaningful and inspiring way to experience President Lincoln and his legacy. It has been the site of many important historical events, including Martin Luther King Jr.'s ``I Have a Dream'' speech, delivered on August 28, 1963, during the March on Washington for Jobs and Freedom. (4) Congress has invested significant funding to repair and restore the Lincoln Memorial over the years. The purpose of this Act is to build a long-term maintenance fund for future repairs and maintenance to augment the National Park Service budget and further protect and build upon Congress's initial investment in the memorial. (5) Since 2007, the Trust for the National Mall has been the leading nonprofit nonpartisan philanthropic partner of the National Mall and Memorial Parks division of the National Park Service dedicated to bringing private and public resources and public awareness to support the preservation, restoration, and enrichment of the National Mall. The Trust will provide management of the maintenance fund in collaboration with the National Park Service. (6) The Trust for the National Mall wants to honor the contributions of Abraham Lincoln to our great Nation. The Trust will promote and encourage support for this commemorative coin as a way to increase public awareness and appreciation for Lincoln's legacy and to inspire Americans to share in this important effort to preserve the memorial for generations to come. SEC. 3. COIN SPECIFICATIONS. (a) $1 Silver Coins.--The Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue not more than 500,000 $1 coins in commemoration of the 100th anniversary of the Lincoln Memorial, each of which shall-- (1) weigh 26.73 grams; (2) have a diameter of 1.500 inches; and (3) contain at least 90 percent silver. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of sections 5134 and 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 4. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be emblematic of the 100th anniversary of the Lincoln Memorial. (2) Designation and inscriptions.--On each coin minted under this Act, there shall be-- (A) a designation of the value of the coin; (B) an inscription of the year ``2023''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (b) Selection.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary, after consultation with the Trust of the National Mall; and (2) reviewed by the Citizens Coinage Advisory Committee. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Period for Issuance.--The Secretary may issue coins under this Act only during the calendar year beginning on January 1, 2023. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in section 7(a) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. SEC. 7. SURCHARGES. (a) In General.--All sales of coins issued under this Act shall include a surcharge of $10 per coin. (b) Distribution.--Subject to section 5134(f) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be paid to the Trust of the National Mall and for the purpose of restoring and preserving the Lincoln Memorial. (c) Audits.--The Lincoln Memorial shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received under subsection (b). (d) Limitation.--Notwithstanding subsection (a), no surcharge may be included with respect to the issuance under this Act of any coin during a calendar year if, as of the time of such issuance, the issuance of such coin would result in the number of commemorative coin programs issued during such year to exceed the annual 2 commemorative coin program issuance limitation under section 5112(m)(1) of title 31, United States Code. The Secretary of the Treasury may issue guidance to carry out this subsection. <all>

100th anniversary of the Lincoln Memorial Commemorative Coin Act

To require the Secretary of the Treasury to mint commemorative coins in recognition of the 100th anniversary of the Lincoln Memorial.

100th anniversary of the Lincoln Memorial Commemorative Coin Act

Rep. LaHood, Darin

R

IL

S.46

Public Lands and Natural Resources

Restoring Resilient Reefs Act of 2021 This bill addresses the conservation and sustainability of coral reef ecosystems. Among other things, the bill

To reauthorize the Coral Reef Conservation Act of 2000 and to establish the United States Coral Reef Task Force, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED> <DELETED> (a) Short Title.--This Act may be cited as the ``Restoring Resilient Reefs Act of 2021''.</DELETED> <DELETED> (b) Table of Contents.--The table of contents for this Act is as follows:</DELETED> <DELETED>Sec. 1. Short title; table of contents. <DELETED>TITLE I--REAUTHORIZATION OF CORAL REEF CONSERVATION ACT OF 2000 <DELETED>Sec. 101. Reauthorization of Coral Reef Conservation Act of 2000. <DELETED>Sec. 102. Modification to section 204 of the Coral Reef Conservation Act of 2000 (16 U.S.C. 6403). <DELETED>TITLE II--UNITED STATES CORAL REEF TASK FORCE <DELETED>Sec. 201. Establishment. <DELETED>Sec. 202. Duties. <DELETED>Sec. 203. Membership. <DELETED>Sec. 204. Responsibilities of Federal agency members. <DELETED>Sec. 205. Working groups. <DELETED>Sec. 206. Definitions. <DELETED>TITLE III--DEPARTMENT OF THE INTERIOR CORAL REEF AUTHORITIES <DELETED>Sec. 301. Coral reef conservation and restoration assistance. <DELETED>TITLE IV--SUSAN L. WILLIAMS NATIONAL CORAL REEF MANAGEMENT FELLOWSHIP <DELETED>Sec. 401. Short title. <DELETED>Sec. 402. Definitions. <DELETED>Sec. 403. Establishment of fellowship program. <DELETED>Sec. 404. Fellowship awards. <DELETED>Sec. 405. Matching requirement. <DELETED>TITLE I--REAUTHORIZATION OF CORAL REEF CONSERVATION ACT OF 2000</DELETED> <DELETED>SEC. 101. REAUTHORIZATION OF CORAL REEF CONSERVATION ACT OF 2000.</DELETED> <DELETED> (a) Purposes; Federal Coral Reef Management and Restoration Activities.--The Coral Reef Conservation Act of 2000 (16 U.S.C. 6401 et seq.) is amended by striking sections 202 and 203 and inserting the following:</DELETED> <DELETED>``SEC. 202. PURPOSES.</DELETED> <DELETED> ``The purposes of this title are--</DELETED> <DELETED> ``(1) to preserve, sustain, and restore the condition of United States coral reef ecosystems challenged by natural and human-accelerated changes, including increasing ocean temperatures, ocean acidification, coral bleaching, coral diseases, water quality degradation, invasive species, and illegal, unreported, and unregulated fishing;</DELETED> <DELETED> ``(2) to promote the science-based management and sustainable use of coral reef ecosystems to benefit local communities and the Nation, including through improved integration and cooperation among Federal, State, and locally managed jurisdictions with coral reef equities;</DELETED> <DELETED> ``(3) to develop sound scientific information on the condition of coral reef ecosystems, continuing and emerging threats to such ecosystems, and the efficacy of innovative tools, technologies, and strategies to mitigate stressors and restore such ecosystems, including evaluation criteria to determine the effectiveness of management interventions, and accurate mapping for coral reef restoration;</DELETED> <DELETED> ``(4) to assist in the preservation of coral reefs by supporting science-based, consensus-driven State, Tribal, and community-based coral reef management, including conservation and restoration projects that empower local communities, small businesses, and nongovernmental organizations;</DELETED> <DELETED> ``(5) to provide financial resources, technical assistance, and scientific expertise to supplement and strengthen State and community-based management programs and conservation and restoration projects;</DELETED> <DELETED> ``(6) to establish a formal mechanism for collecting and allocating monetary donations from the private sector to be used for coral reef conservation and restoration projects;</DELETED> <DELETED> ``(7) to support the rapid and effective, science- based assessment and response to emergencies that imminently threaten coral reefs, such as coral disease outbreaks, invasive species, hurricanes, marine heat waves, coral bleaching, and other natural disasters, vessel groundings or chemical spills, and other exigent circumstances; and</DELETED> <DELETED> ``(8) to serve as a model for advancing similar international efforts to preserve, sustain, and restore coral reef ecosystems in the jurisdictions of United States allies and trading partners.</DELETED> <DELETED>``SEC. 203. FEDERAL CORAL REEF MANAGEMENT AND RESTORATION ACTIVITIES.</DELETED> <DELETED> ``(a) In General.--The Administrator or the Secretary of the Interior may conduct activities described in subsection (b) to conserve and restore coral reefs and coral reef ecosystems that are consistent with--</DELETED> <DELETED> ``(1) all applicable laws governing resource management in Federal and State waters, including this Act;</DELETED> <DELETED> ``(2) the national coral reef resilience strategy in effect under section 204A;</DELETED> <DELETED> ``(3) coral reef action plans in effect under section 205, as applicable; and</DELETED> <DELETED> ``(4) coral reef emergency plans in effect under section 209, as applicable.</DELETED> <DELETED> ``(b) Activities Described.--Activities described in this subsection are activities to conserve, research, monitor, assess, and restore coral reefs and coral reef ecosystems in waters managed under the jurisdiction of a Federal agency specified in subsection (c) or in coordination with a State in waters managed under the jurisdiction of such State, including--</DELETED> <DELETED> ``(1) developing, including through the collection of requisite data, high-quality and digitized maps reflecting-- </DELETED> <DELETED> ``(A) current and historical live coral cover data;</DELETED> <DELETED> ``(B) coral reef habitat quality data;</DELETED> <DELETED> ``(C) priority areas for coral reef conservation to maintain biodiversity and ecosystem structure and function that benefit coastal communities and living marine resources;</DELETED> <DELETED> ``(D) priority areas for coral reef restoration to enhance biodiversity and ecosystem structure and function to benefit coastal communities and living marine resources; and</DELETED> <DELETED> ``(E) areas of concern that may require enhanced monitoring of coral health and cover;</DELETED> <DELETED> ``(2) enhancing compliance with Federal laws that prohibit or regulate--</DELETED> <DELETED> ``(A) the taking of coral products or species associated with coral reefs; or</DELETED> <DELETED> ``(B) the use and management of coral reef ecosystems;</DELETED> <DELETED> ``(3) long-term ecological monitoring of coral reef ecosystems;</DELETED> <DELETED> ``(4) implementing species-specific recovery plans for listed coral species consistent with the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);</DELETED> <DELETED> ``(5) restoring degraded coral reef ecosystems;</DELETED> <DELETED> ``(6) promoting ecologically sound navigation and anchorages, including mooring buoy systems to promote enhanced recreational access, near coral reefs;</DELETED> <DELETED> ``(7) monitoring and responding to severe bleaching or mortality events, disease outbreaks, invasive species outbreaks, and significant maritime accidents, including chemical spill cleanup and the removal of grounded vessels;</DELETED> <DELETED> ``(8) conducting scientific research that contributes to the understanding, sustainable use, and long- term conservation of coral reefs;</DELETED> <DELETED> ``(9) enhancing public awareness, understanding, and appreciation of coral reefs and coral reef ecosystems;</DELETED> <DELETED> ``(10) preventing or minimizing the likelihood of vessel impacts or other physical damage to coral reefs through navigational aids and expansion of reef-safe anchorages; and</DELETED> <DELETED> ``(11) centrally archiving, managing, and distributing data sets and coral reef ecosystem assessments and publishing such information on publicly available internet websites of--</DELETED> <DELETED> ``(A) the Coral Reef Conservation Program of the National Oceanic and Atmospheric Administration; and</DELETED> <DELETED> ``(B) the Task Force.</DELETED> <DELETED> ``(c) Federal Agencies Specified.--A Federal agency specified in this subsection is one of the following:</DELETED> <DELETED> ``(1) The National Oceanic and Atmospheric Administration.</DELETED> <DELETED> ``(2) The National Park Service.</DELETED> <DELETED> ``(3) The United States Fish and Wildlife Service.</DELETED> <DELETED> ``(4) The Office of Insular Affairs.</DELETED> <DELETED> ``(d) Cooperative Agreements.--</DELETED> <DELETED> ``(1) In general.--Subject to the availability of appropriations and at the discretion of the Secretary of Commerce, the Administrator may enter into cooperative agreements with States to fund coral reef conservation and restoration activities in waters managed under the jurisdiction of such States that are consistent with the national coral reef resilience strategy in effect under section 204A.</DELETED> <DELETED> ``(2) Limitation.--The Administrator may not provide more than $500,000 in total funding under paragraph (1) to any one State in any fiscal year.''.</DELETED> <DELETED> (b) Additional Provisions.--The Coral Reef Conservation Act of 2000 (16 U.S.C. 6401 et seq.) is amended by striking sections 205 through 210 and inserting the following:</DELETED> <DELETED>``SEC. 204A. NATIONAL CORAL REEF RESILIENCE STRATEGY.</DELETED> <DELETED> ``(a) In General.--The Administrator shall--</DELETED> <DELETED> ``(1) develop a national coral reef resilience strategy; and</DELETED> <DELETED> ``(2) periodically, but not less frequently than every 15 years, review and revise the strategy.</DELETED> <DELETED> ``(b) Elements.--The strategy required by subsection (a) shall include the following:</DELETED> <DELETED> ``(1) A discussion addressing--</DELETED> <DELETED> ``(A) continuing and emerging threats to the resilience of United States coral reef ecosystems;</DELETED> <DELETED> ``(B) remaining gaps in coral reef ecosystem research, monitoring, and assessment;</DELETED> <DELETED> ``(C) the status of management cooperation and integration among Federal, State, Tribal, and locally managed jurisdictions with coral reef equities;</DELETED> <DELETED> ``(D) the status of efforts to manage and disseminate critical information, and enhance interjurisdictional data sharing, related to research, reports, datasets, and maps;</DELETED> <DELETED> ``(E) areas of special focus, which may include--</DELETED> <DELETED> ``(i) improving natural coral recruitment;</DELETED> <DELETED> ``(ii) preventing avoidable losses of corals and their habitat;</DELETED> <DELETED> ``(iii) enhancing the resilience of coral populations;</DELETED> <DELETED> ``(iv) supporting a resilience- based management approach;</DELETED> <DELETED> ``(v) developing, coordinating, and implementing watershed management plans;</DELETED> <DELETED> ``(vi) building and sustaining watershed management capacity at the local level;</DELETED> <DELETED> ``(vii) providing data essential for coral reef fisheries management;</DELETED> <DELETED> ``(viii) building capacity for coral reef fisheries management;</DELETED> <DELETED> ``(ix) increasing understanding of coral reef ecosystem services;</DELETED> <DELETED> ``(x) educating the public on the importance of coral reefs, threats and solutions; and</DELETED> <DELETED> ``(xi) evaluating intervention efficacy;</DELETED> <DELETED> ``(F) the status of conservation efforts, including the use of marine protected areas to serve as replenishment zones developed consistent with local practices and traditions and in cooperation with, and with respect for the scientific, technical, and management expertise and responsibilities of, State fish and wildlife management agencies; and</DELETED> <DELETED> ``(G) science-based adaptive management and restoration efforts.</DELETED> <DELETED> ``(2) A statement of national goals and objectives designed to guide--</DELETED> <DELETED> ``(A) future Federal coral reef management and restoration activities authorized under section 203;</DELETED> <DELETED> ``(B) conservation and restoration priorities for grants awarded under section 213; and</DELETED> <DELETED> ``(C) research priorities for the cooperative institutes established under section 215(c).</DELETED> <DELETED> ``(3) General templates for use by covered reef managers to guide the development of--</DELETED> <DELETED> ``(A) coral reef action plans under section 205; and</DELETED> <DELETED> ``(B) coral reef emergency plans under section 209.</DELETED> <DELETED> ``(c) Consultations.--In developing all elements of the strategy required by subsection (a), the Administrator shall-- </DELETED> <DELETED> ``(1) consult with the Secretary of the Interior, the Task Force, covered States, and Tribal organizations;</DELETED> <DELETED> ``(2) engage stakeholders, including coral reef stewardship partnerships, coral reef institutes and research centers described in section 215(c), and coral reef conservation grant awardees; and</DELETED> <DELETED> ``(3) solicit public review and comment regarding scoping and the draft strategy.</DELETED> <DELETED> ``(d) Submission to Congress; Publication.--The Administrator shall--</DELETED> <DELETED> ``(1) submit the strategy required by subsection (a) and any revisions to the strategy to the appropriate congressional committees; and</DELETED> <DELETED> ``(2) publish the strategy and any such revisions on publicly available internet websites of--</DELETED> <DELETED> ``(A) the Coral Reef Conservation Program of the National Oceanic and Atmospheric Administration; and</DELETED> <DELETED> ``(B) the Task Force.</DELETED> <DELETED> ``(e) Transition Rule.--On and after the date of the enactment of the Restoring Resilient Reefs Act of 2021, the 2018 Coral Reef Conservation Program Strategic Plan of the National Oceanic and Atmospheric Administration shall be considered to be the national coral reef resilience strategy in effect under this section until the earlier of--</DELETED> <DELETED> ``(1) September 30, 2033; or</DELETED> <DELETED> ``(2) the date on which the Administrator develops a national coral reef resilience strategy under this section.</DELETED> <DELETED>``SEC. 205. CORAL REEF ACTION PLANS.</DELETED> <DELETED> ``(a) Coral Reef Action Plans.--Except as provided in subsection (h), not later than 3 years after the date of the enactment of the Restoring Resilient Reefs Act of 2021, and not later than 2 years after the publication of a revised national coral reef resilience strategy under section 204A, each covered reef manager shall prepare and submit to the Task Force a coral reef action plan to guide management and restoration activities to be undertaken within the responsibilities and jurisdiction of the manager.</DELETED> <DELETED> ``(b) Requirements.--A covered reef manager preparing a coral reef action plan under subsection (a) shall--</DELETED> <DELETED> ``(1) ensure that the plan is consistent with all elements of the national coral reef resilience strategy in effect; and</DELETED> <DELETED> ``(2) revise the plan not less frequently than once every 5 years.</DELETED> <DELETED> ``(c) Plan Elements.--A coral reef action plan under subsection (a) shall include a discussion of the following elements:</DELETED> <DELETED> ``(1) Short- and mid-term coral reef conservation and restoration objectives within the applicable jurisdiction.</DELETED> <DELETED> ``(2) An updated adaptive management framework to inform research, monitoring, and assessment needs.</DELETED> <DELETED> ``(3) The status of any coral reef emergency plans in effect under section 209 covering coral reef ecosystems within the applicable jurisdiction.</DELETED> <DELETED> ``(4) Tools, strategies, and partnerships necessary to identify, monitor, and redress pollution and water quality impacts to coral reef ecosystems within the applicable jurisdiction.</DELETED> <DELETED> ``(5) The status of efforts to improve coral reef ecosystem management cooperation and integration among neighboring Federal, State, Tribal, or locally managed jurisdictions, including the identification of existing research and monitoring activities that can be leveraged for coral reef status and trends assessments within the applicable jurisdiction.</DELETED> <DELETED> ``(6) An accounting of annual expenditures on coral reef management and restoration activities within the applicable jurisdiction while the preceding action plan, if any, was in effect.</DELETED> <DELETED> ``(7) Estimated budgetary and resource considerations necessary to carry out the proposed action plan.</DELETED> <DELETED> ``(d) Technical Assistance.--The Administrator and the Task Force shall make all reasonable efforts to provide technical assistance upon request by a covered reef manager developing a coral reef action plan under subsection (a).</DELETED> <DELETED> ``(e) Adoption of Coral Reef Action Plans.--A covered reef manager may adopt a coral reef action plan developed by another covered reef manager, in full or in part, as relevant to the adopting manager's applicable jurisdiction.</DELETED> <DELETED> ``(f) Public Review.--The development of a coral reef action plan by a covered reef manager under subsection (a), and the adoption of a plan under subsection (e), shall be subject to public review and comment.</DELETED> <DELETED> ``(g) Publication.--The Administrator shall publish each coral reef action plan prepared and submitted to the Task Force under this section on publicly available internet websites of--</DELETED> <DELETED> ``(1) the Coral Reef Conservation Program of the National Oceanic and Atmospheric Administration; and</DELETED> <DELETED> ``(2) the Task Force.</DELETED> <DELETED> ``(h) Applicability to Covered States and Coral Reef Stewardship Partnerships.--A covered State or non-Federal coral reef stewardship partnership is not required to develop a coral reef action plan under subsection (a), but may do so in its own discretion. In developing a coral reef action plan, a covered State or non-Federal coral reef stewardship partnership is encouraged, but not mandated, to comply with the requirements of this section.</DELETED> <DELETED> ``(i) Plan in Effect.--A coral reef action plan shall be deemed to be in effect if the plan was submitted to the Task Force under this section during the preceding 6 years.</DELETED> <DELETED>``SEC. 206. CORAL REEF STEWARDSHIP PARTNERSHIPS.</DELETED> <DELETED> ``(a) Coral Reef Stewardship Partnerships.--The Administrator shall establish standards for the formation of partnerships among government and community members for the stewardship of coral reefs (in this title referred to as `coral reef stewardship partnerships') in accordance with this section, including guidance for preparation and submission of coral reef action plans under section 205.</DELETED> <DELETED> ``(b) Identification of Reefs.--Each coral reef stewardship partnership shall identify with particularity the coral reef or ecologically significant component of a coral reef that will be the subject of its stewardship activities.</DELETED> <DELETED> ``(c) Membership for Federal Reefs.--A coral reef stewardship partnership that has identified, as the subject of its stewardship activities, a coral reef or ecologically significant component of a coral reef that is fully or partially under the management jurisdiction of any Federal agency specified in section 203(c) shall, at a minimum, include the following:</DELETED> <DELETED> ``(1) That Federal agency, a representative of which shall serve as chair of the coral reef stewardship partnership.</DELETED> <DELETED> ``(2) A State, county, or Tribal organization's resource management agency.</DELETED> <DELETED> ``(3) A coral reef research center described in section 215(c)(4) or another institution of higher education.</DELETED> <DELETED> ``(4) A nongovernmental organization.</DELETED> <DELETED> ``(5) Such other members as the partnership considers appropriate, such as interested stakeholder groups.</DELETED> <DELETED> ``(d) Membership for Non-Federal Reefs.--</DELETED> <DELETED> ``(1) In general.--A coral reef stewardship partnership that has identified, as the subject of its stewardship activities, a coral reef or ecologically significant component of a coral reef that is not under the management jurisdiction of any Federal agency specified in section 203(c) shall, at a minimum, include the following:</DELETED> <DELETED> ``(A) A State, county, or Tribal organization's resource management agency, a representative of which shall serve as the chair of the coral reef stewardship partnership.</DELETED> <DELETED> ``(B) A coral reef research center described in section 215(c)(4) or another institution of higher education.</DELETED> <DELETED> ``(C) A nongovernmental organization.</DELETED> <DELETED> ``(D) Such other members as the partnership considers appropriate, such as interested stakeholder groups.</DELETED> <DELETED> ``(2) Additional members.--</DELETED> <DELETED> ``(A) In general.--Subject to subparagraph (B), a coral reef stewardship partnership described in paragraph (1) may also include representatives of one or more Federal agencies that have management responsibility in the reef that is the subject of the partnership's stewardship activities.</DELETED> <DELETED> ``(B) Requests; approval.--A representative of a Federal agency described in subparagraph (A) may become a member of a coral reef stewardship partnership described in paragraph (1) if-- </DELETED> <DELETED> ``(i) the representative submits a request to become a member to the chair of the partnership referred to in paragraph (1)(A); and</DELETED> <DELETED> ``(ii) the chair consents to the request.</DELETED> <DELETED> ``(e) Nonapplicability of Federal Advisory Committee Act.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to coral reef stewardship partnerships.</DELETED> <DELETED>``SEC. 207. STATE BLOCK GRANTS.</DELETED> <DELETED> ``(a) In General.--The Administrator shall provide block grants of financial assistance to covered States to support management and restoration activities and further the implementation of coral reef action plans in effect under section 205 by covered States and non- Federal coral reef stewardship partnerships.</DELETED> <DELETED> ``(b) Eligibility for Additional Amounts.--A covered State shall qualify for and receive additional grant amounts beyond the base award specified in subsection (c)(1) if there is at least one coral reef action plan in effect within the jurisdiction of the covered State developed by that covered State or a non-Federal coral reef stewardship partnership.</DELETED> <DELETED> ``(c) Funding Formula.--Subject to the availability of appropriations, the amount of each block grant awarded to a covered State under this section shall be the sum of--</DELETED> <DELETED> ``(1) a base award of $100,000; and</DELETED> <DELETED> ``(2) if the State is eligible under subsection (b)--</DELETED> <DELETED> ``(A) an amount that is equal to non- Federal expenditures of up to $3,000,000 on coral reef management and restoration activities within the jurisdiction of the State, as reported within the previous fiscal year; and</DELETED> <DELETED> ``(B) an additional amount, from any funds appropriated for block grants under this section that remain after distribution under subparagraph (A) and paragraph (1), based on the proportion of the State's share of total non-Federal expenditures on coral reef management and restoration activities, as reported within the previous fiscal year, in excess of $3,000,000, relative to other covered States.</DELETED> <DELETED> ``(d) Exclusions.--For the purposes of calculating block grant amounts under subsection (c), Federal funds provided to a covered State or non-Federal coral reef stewardship partnership shall not be considered as qualifying non-Federal expenditures, but non-Federal matching funds used to leverage Federal awards may be considered as qualifying non-Federal expenditures.</DELETED> <DELETED> ``(e) Responsibilities of the Administrator.--The Administrator is responsible for--</DELETED> <DELETED> ``(1) providing guidance on qualifying non-Federal expenditures and the proper documentation of such expenditures;</DELETED> <DELETED> ``(2) issuing annual solicitations to covered States for additional awards under this section; and</DELETED> <DELETED> ``(3) determining the appropriate allocation of additional amounts among covered States in accordance with this section.</DELETED> <DELETED> ``(f) Responsibilities of Covered States.--Each covered State is responsible for documenting non-Federal expenditures within the jurisdiction of the State and formally reporting those expenditures for review in response to annual solicitations by the Administrator under subsection (e).</DELETED> <DELETED> ``(g) Unexpended Amounts.--Any amounts available for block grants under this section that are not expended shall be transferred to the Coral Reef Stewardship Fund under section 208(b).</DELETED> <DELETED> ``(h) Waivers of Certain Requirements.--The Administrator may waive the eligibility requirements under subsection (b) through fiscal year 2023.</DELETED> <DELETED>``SEC. 208. CORAL REEF STEWARDSHIP FUND.</DELETED> <DELETED> ``(a) Authority To Enter Into Agreements.--The Administrator may enter into an agreement with the National Fish and Wildlife Foundation (in this section referred to as the `Foundation'), authorizing the Foundation to receive, hold, and administer funds received under this section.</DELETED> <DELETED> ``(b) Fund.--The Foundation shall invest, reinvest, and otherwise administer the funds received under this section and maintain such funds and any interest or revenues earned in a separate interest- bearing account, to be known as the `Coral Reef Stewardship Fund' (in this section referred to as the `Fund', and known before the date of the enactment of the Restoring Resilient Reefs Act of 2021 as the Coral Reef Conservation Fund administered through a public-private partnership with the Foundation), established by the Foundation solely to support coral reef stewardship partnership activities that-- </DELETED> <DELETED> ``(1) further the purposes of this title; and</DELETED> <DELETED> ``(2) are consistent with--</DELETED> <DELETED> ``(A) the national coral reef resilience strategy in effect under section 204A; and</DELETED> <DELETED> ``(B) coral reef action plans in effect, if any, under section 205 covering a coral reef or ecologically significant component of a coral reef to be impacted by such activities, if applicable.</DELETED> <DELETED> ``(c) Authorization To Solicit Donations.--</DELETED> <DELETED> ``(1) In general.--Pursuant to an agreement entered into under subsection (a), the Foundation may accept, receive, solicit, hold, administer, and use any gift (including, notwithstanding section 1342 of title 31, United States Code, donations of services) to further the purposes of this title.</DELETED> <DELETED> ``(2) Deposits in fund.--Notwithstanding section 3302 of title 31, United States Code, any funds received as a gift shall be deposited and maintained in the Fund.</DELETED> <DELETED> ``(3) Notification required.--Not later than 30 days after funds are deposited in the Fund under paragraph (2), the Foundation shall notify the Committee on Appropriations of the Senate and the Committee on Appropriations of the House of Representatives of the source and amount of such funds.</DELETED> <DELETED> ``(d) Review of Performance.--The Administrator shall conduct a continuing review of all deposits into, and disbursements from, the Fund. Each review shall include a written assessment concerning the extent to which the Foundation has implemented the goals and requirements of--</DELETED> <DELETED> ``(1) this section; and</DELETED> <DELETED> ``(2) the national coral reef resilience strategy in effect under section 204A.</DELETED> <DELETED> ``(e) Administration.--Under an agreement entered into pursuant to subsection (a), and subject to the availability of appropriations, the Administrator may transfer funds appropriated to carry out this title to the Foundation. Amounts received by the Foundation under this subsection may be used for matching, in whole or in part, contributions (whether in money, services, or property) made to the Foundation by private persons, State or local government agencies, or Tribal organizations.</DELETED> <DELETED>``SEC. 209. CORAL REEF EMERGENCY PLANS.</DELETED> <DELETED> ``(a) In General.--A covered reef manager may develop and periodically update a plan (in this title referred to as a `coral reef emergency plan') consistent with the template described in section 204A(b)(3) to guide the rapid and effective response to circumstances that pose an urgent and immediate threat to the coral reef ecosystems within the manager's responsibilities and jurisdictions, and consistent with any applicable coral reef action plan.</DELETED> <DELETED> ``(b) Coral Reef Emergencies.--The Administrator shall develop a list of, and criteria for, circumstances that pose an urgent and immediate threat to coral reefs (in this title referred to as `coral reef emergencies'), including--</DELETED> <DELETED> ``(1) new and ongoing outbreaks of disease;</DELETED> <DELETED> ``(2) new and ongoing outbreaks of invasive or nuisance species;</DELETED> <DELETED> ``(3) new and ongoing coral bleaching events;</DELETED> <DELETED> ``(4) natural disasters;</DELETED> <DELETED> ``(5) man-made disasters, including vessel groundings, hazardous spills, or coastal construction accidents; and</DELETED> <DELETED> ``(6) other exigent circumstances.</DELETED> <DELETED> ``(c) Best Response Practices.--The Administrator shall develop guidance on best practices to respond to coral reef emergencies that can be adopted within coral reef emergency plans. Such best practices shall be--</DELETED> <DELETED> ``(1) based on the best available science and integrated with evolving innovative technologies; and</DELETED> <DELETED> ``(2) revised not less frequently than once every 5 years.</DELETED> <DELETED> ``(d) Plan Elements.--A coral reef emergency plan shall include the following elements:</DELETED> <DELETED> ``(1) A description of particular threats, and the proposed responses, consistent with the best practices developed under subsection (d).</DELETED> <DELETED> ``(2) A delineation of roles and responsibilities for executing the plan.</DELETED> <DELETED> ``(3) Evidence of engagement with interested stakeholder groups, as applicable, in the development of the plan.</DELETED> <DELETED> ``(4) Any other information the Administrator considers to be necessary for the plan.</DELETED> <DELETED> ``(e) Technical Assistance.--The Administrator and the Task Force shall make all reasonable efforts to provide technical assistance upon request by a covered reef manager developing a coral reef emergency plan under subsection (a).</DELETED> <DELETED> ``(f) Adoption of Coral Reef Emergency Plans.--A covered reef manager may adopt a coral reef emergency plan developed by another covered reef manager, in full or in part, as relevant to the adopting manager's applicable jurisdiction.</DELETED> <DELETED> ``(g) Public Review.--The development of a coral reef action plan by a covered reef manager under subsection (a), and the adoption of a plan under subsection (f), shall be subject to public review and comment.</DELETED> <DELETED> ``(h) Publication.--The Administrator shall publish each coral reef emergency plan prepared and submitted to the Task Force under this section on publicly available internet websites of-- </DELETED> <DELETED> ``(1) the Coral Reef Conservation Program of the National Oceanic and Atmospheric Administration; and</DELETED> <DELETED> ``(2) the Task Force.</DELETED> <DELETED> ``(i) Plan in Effect.--A coral reef emergency plan shall be deemed to be in effect if the plan was submitted to the Task Force under this section during the preceding 6 years.</DELETED> <DELETED>``SEC. 210. CORAL REEF EMERGENCY FUND.</DELETED> <DELETED> ``(a) Establishment of Fund.--There is established in the Treasury an interest-bearing fund to be known as the `Coral Reef Emergency Fund', which shall consist of amounts deposited into the Fund under subsection (c).</DELETED> <DELETED> ``(b) Uses.--Amounts in the Fund--</DELETED> <DELETED> ``(1) shall be available only for use by the Secretary to compensate covered coral reef mangers to implement a coral reef emergency plan in effect under sections 210 and 212; and</DELETED> <DELETED> ``(2) shall remain available until expended.</DELETED> <DELETED> ``(c) Deposits Into the Fund.--Subject to the availability of appropriations, there shall be deposited into the Fund--</DELETED> <DELETED> ``(1) amounts appropriated for the Fund; and</DELETED> <DELETED> ``(2) other amounts appropriated to the Secretary for use with respect to coral reef emergencies.</DELETED> <DELETED> ``(d) Acceptance of Donations.--</DELETED> <DELETED> ``(1) In general.--For purposes of carrying out this title, the Secretary may accept, receive, solicit, hold, administer, and use any gift (including, notwithstanding section 1342 of title 31, United States Code, donations of services).</DELETED> <DELETED> ``(2) Deposits in fund.--Notwithstanding section 3302 of title 31, United States Code, any funds received as a gift shall be deposited and maintained in the Fund.</DELETED> <DELETED>``SEC. 211. EMERGENCY ASSISTANCE.</DELETED> <DELETED> ``(a) Coral Reef Emergency Declarations.--</DELETED> <DELETED> ``(1) Sua sponte declaration.--</DELETED> <DELETED> ``(A) In general.--The Secretary may determine and declare a coral reef emergency, including at the recommendation of the Secretary of the Interior.</DELETED> <DELETED> ``(B) Requirements.--In declaring a coral reef emergency under subparagraph (A), the Secretary shall--</DELETED> <DELETED> ``(i) certify that an emergency has occurred that is ecologically significant and harmful to coral reefs; and</DELETED> <DELETED> ``(ii) submit to the appropriate congressional committees findings and analysis to justify the declaration.</DELETED> <DELETED> ``(2) Petitions.--If a covered State or non- Federal coral reef stewardship partnership believes that a coral reef emergency has occurred, and is impacting coral reefs or ecologically significant components of coral reefs subject to the responsibilities or jurisdiction of the State or partnership, the State or partnership may petition the Secretary for a declaration of a coral reef emergency.</DELETED> <DELETED> ``(3) Evaluation and action.--</DELETED> <DELETED> ``(A) In general.--Not later than 30 days after receiving a petition under paragraph (2) (except as provided in subparagraph (B)), the Secretary shall-- </DELETED> <DELETED> ``(i) evaluate the petition to determine whether a coral reef emergency has occurred; and</DELETED> <DELETED> ``(ii) declare a coral reef emergency or deny the petition.</DELETED> <DELETED> ``(B) Extension.--The Secretary may extend the deadline provided for under subparagraph (A) by not more than 15 days.</DELETED> <DELETED> ``(4) Appeal.--If the Secretary denies a petition for an emergency declaration submitted under paragraph (2), the State or partnership that submitted the petition may, not later than 15 days after receiving notice of the denial, appeal the denial to the Secretary. Not later than 15 days after receiving an appeal under this paragraph, the Secretary shall grant or deny the appeal.</DELETED> <DELETED> ``(5) Revocation.--The Secretary may revoke any declaration of a coral reef emergency in whole or in part after determining that circumstances no longer require an emergency response.</DELETED> <DELETED> ``(6) Recovery of emergency funding.--The Administrator may seek compensation from negligent parties to recover emergency funds expended in excess of $500,000 under this section as a result of an emergency declaration arising from direct impacts to coral reefs from man-made disasters or accidents.</DELETED> <DELETED> ``(b) Grant Authority.--</DELETED> <DELETED> ``(1) In general.--Subject to the availability of appropriations, upon the declaration of a coral reef emergency under subsection (a), the Secretary shall provide grants to carry out proposals that meet the requirements of paragraph (2) to implement coral reef emergency plans in effect under section 209.</DELETED> <DELETED> ``(2) Requirements.--A proposal for a grant under this subsection to implement a coral reef emergency plan in effect under section 209 shall include--</DELETED> <DELETED> ``(A) the name of the entity submitting the proposal;</DELETED> <DELETED> ``(B) a copy of the coral reef emergency plan;</DELETED> <DELETED> ``(C) a description of the qualifications of the individuals and entities who will implement the plan;</DELETED> <DELETED> ``(D) an estimate of the funds and time required to complete the implementation of the plan; and</DELETED> <DELETED> ``(E) any other information the Secretary considers to be necessary for evaluating the eligibility of the proposal for a grant under this subsection.</DELETED> <DELETED> ``(3) Review.--Not later than 30 days after receiving a proposal for a grant under this subsection, the Secretary shall review the proposal and determine if the proposal meets the requirements of paragraph (2).</DELETED> <DELETED> ``(4) Concurrent review.--An entity seeking a grant under this subsection may submit a proposal under paragraph (2) to the Secretary at any time following the submission of a petition for an emergency declaration under subsection (a)(2) that is applicable to coral reefs or ecologically significant components of coral reefs subject to the responsibilities or jurisdiction of the entity.</DELETED> <DELETED>``SEC. 212. VESSEL GROUNDING INVENTORY.</DELETED> <DELETED> ``The Administrator, in coordination with the heads of other Federal agencies, shall establish and maintain an inventory of all vessel grounding incidents involving United States coral reefs, including a description of--</DELETED> <DELETED> ``(1) the impacts of each such incident to coral reefs and related natural resources;</DELETED> <DELETED> ``(2) vessel and ownership information relating to each such incident, if available;</DELETED> <DELETED> ``(3) the estimated cost of removal of the vessel, mitigation, or restoration relating to each such incident;</DELETED> <DELETED> ``(4) the response actions taken by the owner of the vessel, the Administrator, the Commandant of the Coast Guard, or representatives of other Federal or State agencies;</DELETED> <DELETED> ``(5) the status of the response actions, including the dates of--</DELETED> <DELETED> ``(A) vessel removal;</DELETED> <DELETED> ``(B) mitigation or restoration activities, including whether a coral reef emergency plan was implemented; and</DELETED> <DELETED> ``(C) any actions taken to prevent future grounding incidents; and</DELETED> <DELETED> ``(6) recommendations for additional navigational aids or other mechanisms for preventing future grounding incidents.</DELETED> <DELETED>``SEC. 213. RUTH D. GATES CORAL REEF CONSERVATION GRANT PROGRAM.</DELETED> <DELETED> ``(a) Grants.--Subject to the availability of appropriations, the Administrator shall establish a program (to be known as the `Ruth D. Gates Coral Reef Conservation Grant Program') to provide grants for projects for the conservation and restoration of coral reef ecosystems (in this section referred to as `coral reef projects') pursuant to proposals approved by the Administrator in accordance with this section.</DELETED> <DELETED> ``(b) Eligibility.--</DELETED> <DELETED> ``(1) In general.--An entity described in paragraph (2) may submit to the Administrator a proposal for a coral reef project.</DELETED> <DELETED> ``(2) Entities described.--An entity described in this paragraph is--</DELETED> <DELETED> ``(A) a natural resource management authority of a State or local government or Tribal organization--</DELETED> <DELETED> ``(i) with responsibility for coral reef management; or</DELETED> <DELETED> ``(ii) the activities of which directly or indirectly affect coral reefs or coral reef ecosystems;</DELETED> <DELETED> ``(B) a regional fishery management council established under the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.);</DELETED> <DELETED> ``(C) a coral reef stewardship partnership seeking to implement a coral reef action plan in effect under section 205;</DELETED> <DELETED> ``(D) a coral reef research center designated under section 215(c)(4); or</DELETED> <DELETED> ``(E) another nongovernmental organization or research institution with demonstrated expertise in the conservation or restoration of coral reefs in practice or through significant contributions to the body of existing scientific research on coral reefs.</DELETED> <DELETED> ``(c) Project Proposals.--Each proposal for a grant under this section for a coral reef project shall include the following:</DELETED> <DELETED> ``(1) The name of the individual or entity responsible for conducting the project.</DELETED> <DELETED> ``(2) A description of the qualifications of the individual or entity.</DELETED> <DELETED> ``(3) A succinct statement of the purposes of the project.</DELETED> <DELETED> ``(4) An estimate of the funds and time required to complete the project.</DELETED> <DELETED> ``(5) Evidence of support for the project by appropriate representatives of States or other government jurisdictions in which the project will be conducted.</DELETED> <DELETED> ``(6) Information regarding the source and amount of matching funding available to the applicant.</DELETED> <DELETED> ``(7) A description of how the project meets one or more of the criteria under subsection (e)(2).</DELETED> <DELETED> ``(8) In the case of a proposal submitted by a coral reef stewardship partnership, a description of how the project aligns with the applicable coral reef action plan in effect under section 205.</DELETED> <DELETED> ``(9) Any other information the Administrator considers to be necessary for evaluating the eligibility of the project for a grant under this subsection.</DELETED> <DELETED> ``(d) Project Review and Approval.--</DELETED> <DELETED> ``(1) In general.--The Administrator shall review each coral reef project proposal submitted under this section to determine if the project meets the criteria set forth in subsection (e).</DELETED> <DELETED> ``(2) Prioritization of conservation projects.-- The Administrator shall prioritize the awarding of grants for projects that meet the criteria for approval under subparagraphs (A) through (G) of subsection (e)(2) that are proposed to be conducted within priority areas identified for coral reef conservation by the Administrator and consistent with the national coral reef resilience strategy in effect under section 204A.</DELETED> <DELETED> ``(3) Prioritization of restoration projects.--The Administrator shall prioritize the awarding of grants for projects that meet the criteria for approval under subparagraphs (E) through (L) of subsection (e)(2) that are proposed to be conducted within priority areas identified for coral reef restoration by the Administrator and consistent with the national coral reef resilience strategy in effect under section 204A.</DELETED> <DELETED> ``(4) Review; approval or disapproval.--Not later than 180 days after receiving a proposal for a coral reef project under this section, the Administrator shall--</DELETED> <DELETED> ``(A) request and consider written comments on the proposal from each Federal agency, State government, Tribal organization, or other government jurisdiction, including the relevant regional fishery management councils established under the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.), or any National Marine Sanctuary or Marine National Monument, with jurisdiction or management authority over coral reef ecosystems in the area where the project is to be conducted, including the extent to which the project is consistent with locally established priorities, unless such entities were directly involved in the development of the project proposal;</DELETED> <DELETED> ``(B) provide for the merit-based peer review of the proposal and require standardized documentation of that peer review;</DELETED> <DELETED> ``(C) after considering any written comments and recommendations based on the reviews under subparagraphs (A) and (B), approve or disapprove the proposal; and</DELETED> <DELETED> ``(D) provide written notification of that approval or disapproval, with summaries of all written comments, recommendations, and peer-reviews, to the entity that submitted the proposal, and each of those States, Tribal organizations, and other government jurisdictions that provided comments under subparagraph (A).</DELETED> <DELETED> ``(e) Criteria for Approval.--The Administrator may not approve a proposal for a coral reef project under this section unless the project--</DELETED> <DELETED> ``(1) is consistent with--</DELETED> <DELETED> ``(A) the national coral reef resilience strategy in effect under section 204A; and</DELETED> <DELETED> ``(B) any Federal or non-Federal coral reef action plans in effect under section 205 covering a coral reef or ecologically significant component of a coral reef to be affected by the project; and</DELETED> <DELETED> ``(2) will enhance the conservation and restoration of coral reefs by--</DELETED> <DELETED> ``(A) addressing conflicts arising from the use of environments near coral reefs or from the use of corals, species associated with coral reefs, and coral products, including supporting consensus-driven, community-based planning and management initiatives for the protection of coral reef ecosystems;</DELETED> <DELETED> ``(B) improving compliance with laws that prohibit or regulate the taking of coral products or species associated with coral reefs or regulate the use and management of coral reef ecosystems;</DELETED> <DELETED> ``(C) designing and implementing networks of real-time water quality monitoring along coral reefs, including data collection related to turbidity, nutrient availability, harmful algal blooms, and plankton assemblages, with an emphasis on coral reefs impacted by agriculture and urban development;</DELETED> <DELETED> ``(D) promoting ecologically sound navigation and anchorages, including mooring buoy systems to promote enhanced recreational access, near coral reefs;</DELETED> <DELETED> ``(E) furthering the goals and objectives of coral reef action plans in effect under section 205 and coral reef emergency plans in effect under section 209;</DELETED> <DELETED> ``(F) mapping the location and distribution of coral reefs and potential coral reef habitat;</DELETED> <DELETED> ``(G) stimulating innovation to advance the ability of the United States to understand, research, or monitor coral reef ecosystems, or to develop management or adaptation options to preserve, sustain, and restore coral reef ecosystems;</DELETED> <DELETED> ``(H) implementing research to ensure the population viability of listed coral species in United States waters as detailed in the population-based recovery criteria included in species-specific recovery plans consistent with the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);</DELETED> <DELETED> ``(I) developing and implementing cost- effective methods to restore degraded coral reef ecosystems or to create geographically appropriate coral reef ecosystems in suitable waters, including by improving habitat or promoting success of keystone species, with an emphasis on novel restoration strategies and techniques to advance coral reef recovery and growth near population centers threatened by rising sea levels and storm surge;</DELETED> <DELETED> ``(J) translating and applying coral genetics research to coral reef ecosystem restoration, including research related to traits that promote resilience to increasing ocean temperatures, ocean acidification, coral bleaching, coral diseases, and invasive species;</DELETED> <DELETED> ``(K) developing and maintaining in situ native coral propagation sites; or</DELETED> <DELETED> ``(L) developing and maintaining ex situ coral propagation nurseries and land-based coral gene banks to--</DELETED> <DELETED> ``(i) conserve or augment genetic diversity of native coral populations;</DELETED> <DELETED> ``(ii) support captive breeding of rare coral species; or</DELETED> <DELETED> ``(iii) enhance resilience of native coral populations to increasing ocean temperatures, ocean acidification, coral bleaching, and coral diseases through selective breeding, conditioning, or other approaches that target genes, gene expression, phenotypic traits, or phenotypic plasticity.</DELETED> <DELETED> ``(f) Funding Requirements.--To the extent practicable based upon proposals for coral reef projects submitted to the Administrator, the Administrator shall ensure that funding for grants awarded under this section during a fiscal year is distributed as follows:</DELETED> <DELETED> ``(1) Not less than 40 percent of funds available shall be awarded for projects in the Pacific Ocean within the maritime areas and zones subject to the jurisdiction or control of the United States.</DELETED> <DELETED> ``(2) Not less than 40 percent of the funds available shall be awarded for projects in the Atlantic Ocean, the Gulf of Mexico, or the Caribbean Sea within the maritime areas and zones subject to the jurisdiction or control of the United States.</DELETED> <DELETED> ``(3) Not more than 67 percent of funds distributed in each region in accordance with paragraphs (1) and (2) shall be made exclusively available to projects that are--</DELETED> <DELETED> ``(A) submitted by a coral reef stewardship partnership; and</DELETED> <DELETED> ``(B) consistent with the coral reef action plan in effect under section 205 by such a partnership.</DELETED> <DELETED> ``(4) Of the funds distributed to support projects in accordance with paragraph (3), not less than 20 percent and not more than 33 percent shall be awarded for projects submitted by a Federal coral reef stewardship partnership.</DELETED> <DELETED> ``(g) Project Reporting.--Each entity receiving a grant under this section shall submit to the Administrator such reports at such times and containing such information for evaluating project performance as the Administrator may require.</DELETED> <DELETED> ``(h) Task Force.--The Administrator may consult with the Secretary of the Interior and the Task Force to obtain guidance in establishing priorities and evaluating proposals for coral reef projects under this section.</DELETED> <DELETED> ``(i) Unexpended Amounts.--Any amounts available for grants under this section that are not expended shall be transferred to the Coral Reef Stewardship Fund under section 208(b).</DELETED> <DELETED>``SEC. 214. REPORTS ON ADMINISTRATION.</DELETED> <DELETED> ``(a) In General.--Not later than 2 years after the date of the enactment of the Restoring Resilient Reefs Act of 2021, and every 2 years thereafter, the Administrator shall submit to the committees specified in subsection (b) a report on the administration of this title during the 2-year period preceding submission of the report, including--</DELETED> <DELETED> ``(1) a description of all activities undertaken to implement the most recent national coral reef resilience strategy under section 204A;</DELETED> <DELETED> ``(2) a statement of all funds obligated under the authorities of this title; and</DELETED> <DELETED> ``(3) a summary, disaggregated by State, of Federal and non-Federal contributions toward the costs of each project or activity funded, in full or in part, under the authorities of this title.</DELETED> <DELETED> ``(b) Committees Specified.--The committees specified in this subsection are--</DELETED> <DELETED> ``(1) the Committee on Commerce, Science, and Transportation and the Committee on Appropriations of the Senate; and</DELETED> <DELETED> ``(2) the Committee on Natural Resources and the Committee on Appropriations of the House of Representatives.</DELETED> <DELETED>``SEC. 215. AUTHORITY TO ENTER INTO AGREEMENTS.</DELETED> <DELETED> ``(a) In General.--The Administrator may enter into and perform such contracts, leases, grants, or cooperative agreements as may be necessary to carry out the purposes of this title.</DELETED> <DELETED> ``(b) Funding.--</DELETED> <DELETED> ``(1) In general.--Under an agreement entered into under subsection (a), the Administrator may reimburse or provide funds authorized to be appropriated by section 216 to, and may receive funds or reimbursements from, individuals and entities described in paragraph (2) to carry out activities authorized by this title.</DELETED> <DELETED> ``(2) Individuals and entities described.-- Individuals and entities described in this paragraph are the following:</DELETED> <DELETED> ``(A) Federal agencies, instrumentalities, and laboratories.</DELETED> <DELETED> ``(B) State and local governments.</DELETED> <DELETED> ``(C) Indian Tribes and Tribal organizations.</DELETED> <DELETED> ``(D) International organizations.</DELETED> <DELETED> ``(E) Foreign governments not subject to economic sanctions imposed by the United States.</DELETED> <DELETED> ``(F) Institutions of higher education, research centers, and other educational institutions.</DELETED> <DELETED> ``(G) Nonprofit organizations.</DELETED> <DELETED> ``(H) Commercial organizations.</DELETED> <DELETED> ``(I) Other public or private individuals or entities.</DELETED> <DELETED> ``(c) Cooperative Institutes.--</DELETED> <DELETED> ``(1) Establishment.--The Secretary shall establish 2 cooperative institutes for the purpose of advancing and sustaining essential capabilities in coral reef research, to be known as the `Atlantic Coral Reef Institute' and the `Pacific Coral Reef Institute'.</DELETED> <DELETED> ``(2) Membership.--Each institute established under paragraph (1) shall be housed within a single coral reef research center designated by the Administrator under paragraph (4) in the Atlantic and Pacific basins, respectively, and may contract with other coral reef research centers within the same basin to support each institute's capacity and reach.</DELETED> <DELETED> ``(3) Functions.--The institutes established under paragraph (1) shall--</DELETED> <DELETED> ``(A) conduct federally directed research to fill national and regional coral reef ecosystem research gaps and improve understanding of, and responses to, continuing and emerging threats to the resilience of United States coral reef ecosystems consistent with the national coral reef resilience strategy in effect under section 204A;</DELETED> <DELETED> ``(B) support ecological research and monitoring to study the effects of conservation and restoration activities funded by this title on promoting more effective coral reef management and restoration; and</DELETED> <DELETED> ``(C) through agreements--</DELETED> <DELETED> ``(i) collaborate directly with governmental resource management agencies, coral reef stewardship partnerships, nonprofit organizations, and other coral reef research centers designated under paragraph (4);</DELETED> <DELETED> ``(ii) assist in the development and implementation of--</DELETED> <DELETED> ``(I) the national coral reef resilience strategy under section 204A;</DELETED> <DELETED> ``(II) coral reef action plans under section 205; and</DELETED> <DELETED> ``(III) coral reef emergency plans under section 209;</DELETED> <DELETED> ``(iii) build capacity within governmental resource management agencies to establish research priorities and translate and apply research findings to management and restoration practices; and</DELETED> <DELETED> ``(iv) conduct public education and awareness programs for policymakers, resource managers, and the general public on-- </DELETED> <DELETED> ``(I) coral reefs and coral reef ecosystems;</DELETED> <DELETED> ``(II) best practices for coral reef ecosystem management and restoration;</DELETED> <DELETED> ``(III) the value of coral reefs; and</DELETED> <DELETED> ``(IV) the threats to the sustainability of coral reef ecosystems.</DELETED> <DELETED> ``(4) Coral reef research centers.--</DELETED> <DELETED> ``(A) In general.--The Administrator shall periodically solicit applications and designate all qualifying institutions in a covered State as coral reef research centers.</DELETED> <DELETED> ``(B) Criteria.--An institution qualifies for designation as a coral reef research center under subparagraph (A) if the Administrator determines that the institution--</DELETED> <DELETED> ``(i) is operated by an institution of higher education or nonprofit marine research organization;</DELETED> <DELETED> ``(ii) has established management- driven national or regional coral reef research or restoration programs;</DELETED> <DELETED> ``(iii) has demonstrated abilities to coordinate closely with appropriate Federal and State agencies, as well as other academic and nonprofit organizations; and</DELETED> <DELETED> ``(iv) maintains significant local community engagement and outreach programs related to coral reef ecosystems.</DELETED> <DELETED> ``(d) Multiyear Cooperative Agreements.--The Administrator may enter into multiyear cooperative agreements with the heads of other Federal agencies, States, Indian Tribes or Tribal organizations, local governments, the coral reef cooperative institutes established under subsection (c), and other institutions of higher education, nonprofit research organizations, and nongovernmental organizations to carry out activities authorized under this title.</DELETED> <DELETED> ``(e) Use of Resources of Other Agencies.--The Administrator may use, with consent and with or without reimbursement, the land, services, equipment, personnel, and facilities of any agency or instrumentality of--</DELETED> <DELETED> ``(1) the United States;</DELETED> <DELETED> ``(2) any State or local government;</DELETED> <DELETED> ``(3) any Indian Tribe; or</DELETED> <DELETED> ``(4) any foreign government not subject to economic sanctions imposed by the United States.</DELETED> <DELETED>``SEC. 216. CORAL REEF PRIZE COMPETITIONS.</DELETED> <DELETED> ``(a) In General.--The head of any Federal agency with a representative serving on the U.S. Coral Reef Task Force established by Executive Order 13089 (16 U.S.C. 6401 note; relating to coral reef protection), may, individually or in cooperation with one or more agencies, carry out a program to award prizes competitively under section 24 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3719).</DELETED> <DELETED> ``(b) Purposes.--Any program carried out under this section shall be for the purpose of stimulating innovation to advance the ability of the United States to understand, research, or monitor coral reef ecosystems, or to develop management or adaptation options to preserve, sustain, and restore coral reef ecosystems.</DELETED> <DELETED> ``(c) Priority Programs.--Priority shall be given to establishing programs under this section that address communities, environments, or industries that are in distress as a result of the decline or degradation of coral reef ecosystems, including--</DELETED> <DELETED> ``(1) scientific research and monitoring that furthers the understanding of causes behind coral reef decline and degradation and the generally slow recovery following disturbances, including ocean acidification and its impacts on coral reproduction;</DELETED> <DELETED> ``(2) the development of monitoring or management options for communities or industries that are experiencing significant financial hardship;</DELETED> <DELETED> ``(3) the development of adaptation options to alleviate economic harm and job loss caused by damage to coral reef ecosystems;</DELETED> <DELETED> ``(4) the development of measures to help vulnerable communities or industries, with an emphasis on rural communities and businesses; and</DELETED> <DELETED> ``(5) the development of adaptation and management options for impacted tourism industries.</DELETED> <DELETED>``SEC. 217. AUTHORIZATION OF APPROPRIATIONS.</DELETED> <DELETED> ``(a) In General.--There are authorized to be appropriated to the Secretary to carry out this title the following amounts, which shall remain available until expended:</DELETED> <DELETED> ``(1) $31,000,000 for fiscal year 2021.</DELETED> <DELETED> ``(2) $32,500,000 for fiscal year 2022.</DELETED> <DELETED> ``(3) $34,000,000 for fiscal year 2023.</DELETED> <DELETED> ``(4) $35,500,000 for fiscal year 2024.</DELETED> <DELETED> ``(5) $37,000,000 for fiscal year 2025.</DELETED> <DELETED> ``(b) Administration.--Of the amounts appropriated pursuant to the authorization of appropriations under subsection (a), not more than the lesser of $1,500,000 or 10 percent may be used for program administration or for overhead costs incurred by the National Oceanic and Atmospheric Administration or the Department of Commerce and assessed as an administrative charge.</DELETED> <DELETED> ``(c) Coral Reef Management and Restoration Activities.-- From the amounts authorized to be appropriated under subsection (a), there shall be made available to the Secretary not less than the following amounts for authorized activities under sections 203 and 207:</DELETED> <DELETED> ``(1) $23,000,000 for fiscal year 2021, of which not less than $8,000,000 shall be made available to the Secretary for the provision State block grants under section 207.</DELETED> <DELETED> ``(2) $24,500,000 for fiscal year 2022, of which not less than $8,500,000 shall be made available to the Secretary for the provision State block grants under section 207.</DELETED> <DELETED> ``(3) $26,000,000 for fiscal year 2023, of which not less than $9,000,000 shall be made available to the Secretary for the provision State block grants under section 207.</DELETED> <DELETED> ``(4) $27,500,000 for fiscal year 2024, of which not less than $10,000,000 shall be made available to the Secretary for the provision State block grants under section 207.</DELETED> <DELETED> ``(5) $29,000,000 for fiscal year 2025, of which not less than $11,000,000 shall be made available to the Secretary for the provision State block grants under section 207.</DELETED> <DELETED> ``(d) Federally Directed Research and Coral Reef Conservation Program Grants.--From the amounts authorized to be appropriated under subsection (a), there shall be made available to the Secretary not less than $8,000,000 for each of fiscal years 2021 through 2025 to support purposes consistent with this title, of which-- </DELETED> <DELETED> ``(1) not less than $3,500,000 shall be made available for each such fiscal year for authorized activities under section 213; and</DELETED> <DELETED> ``(2) not less than $4,500,000 shall be made available for each such fiscal year through cooperative agreements with the cooperative institutes established under section 215(c).</DELETED> <DELETED>``SEC. 218. DEFINITIONS.</DELETED> <DELETED> ``In this title:</DELETED> <DELETED> ``(1) Administrator.--The term `Administrator' means the Administrator of the National Oceanic and Atmospheric Administration.</DELETED> <DELETED> ``(2) Appropriate congressional committees.--The term `appropriate congressional committees' means the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources of the House of Representatives.</DELETED> <DELETED> ``(3) Conservation.--The term `conservation' means the use of methods and procedures necessary to preserve or sustain native corals and associated species as diverse, viable, and self-perpetuating coral reef ecosystems with minimal impacts from invasive species, including--</DELETED> <DELETED> ``(A) all activities associated with resource management, such as monitoring, assessment, protection, restoration, sustainable use, management of habitat, and maintenance or augmentation of genetic diversity;</DELETED> <DELETED> ``(B) mapping;</DELETED> <DELETED> ``(C) scientific expertise and technical assistance in the development and implementation of management strategies for marine protected areas and marine resources consistent with the National Marine Sanctuaries Act (16 U.S.C. 1431 et seq.) and the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.);</DELETED> <DELETED> ``(D) law enforcement;</DELETED> <DELETED> ``(E) conflict resolution initiatives;</DELETED> <DELETED> ``(F) community outreach and education; and</DELETED> <DELETED> ``(G) promotion of safe and ecologically sound navigation and anchoring.</DELETED> <DELETED> ``(4) Coral.--The term `coral' means species of the phylum Cnidaria, including--</DELETED> <DELETED> ``(A) all species of the orders Antipatharia (black corals), Scleractinia (stony corals), Alcyonacea (soft corals, organ pipe corals, gorgonians), and Helioporacea (blue coral), of the class Anthozoa; and</DELETED> <DELETED> ``(B) all species of the order Anthoathecata (fire corals and other hydrocorals) of the class Hydrozoa.</DELETED> <DELETED> ``(5) Coral reef.--The term `coral reef' means limestone structures in the form of a reef or shoal, composed in whole or in part by living coral, skeletal remains of coral, crustose coralline algae, and other associated sessile marine plants and animals.</DELETED> <DELETED> ``(6) Coral reef ecosystem.--The term `coral reef ecosystem' means--</DELETED> <DELETED> ``(A) corals and other geographically and ecologically associated marine communities of other reef organisms (including reef plants and animals) associated with coral reef habitat; and</DELETED> <DELETED> ``(B) the biotic and abiotic factors and processes that control coral calcification rates, tissue growth, reproduction, recruitment, abundance, coral-algal symbiosis, and biodiversity in such habitat.</DELETED> <DELETED> ``(7) Coral products.--The term `coral products' means any living or dead specimens, parts, or derivatives, or any product containing specimens, parts, or derivatives, of any species referred to in paragraph (4).</DELETED> <DELETED> ``(8) Covered reef manager.--</DELETED> <DELETED> ``(A) In general.--The term `covered reef manager' means a management unit of a Federal agency specified in subparagraph (B) with jurisdiction over a coral reef ecosystem, covered State, or coral reef stewardship partnership.</DELETED> <DELETED> ``(B) Federal agencies specified.--A Federal agency specified in this subparagraph is one of the following:</DELETED> <DELETED> ``(i) The National Oceanic and Atmospheric Administration.</DELETED> <DELETED> ``(ii) The National Park Service.</DELETED> <DELETED> ``(iii) The United States Fish and Wildlife Service.</DELETED> <DELETED> ``(iv) The Office of Insular Affairs.</DELETED> <DELETED> ``(9) Covered state.--The term `covered State' means Florida, Hawaii, and the territories of American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, Puerto Rico, and the United States Virgin Islands.</DELETED> <DELETED> ``(10) Indian tribe.--The term `Indian Tribe' has the meaning given that term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 5304).</DELETED> <DELETED> ``(11) Institution of higher education.--The term `institution of higher education' has the meaning given that term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).</DELETED> <DELETED> ``(12) Interested stakeholder groups.--The term `interested stakeholder groups' includes community members such as businesses, commercial and recreational fishermen, other recreationalists, Federal, State, Tribal, and local government units with related jurisdiction, institutions of higher education, and nongovernmental organizations.</DELETED> <DELETED> ``(13) Nonprofit organization.--The term `nonprofit organization' means an organization that is described in section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code.</DELETED> <DELETED> ``(14) Restoration.--The term `restoration' means the use of methods and procedures necessary to enhance, rehabilitate, recreate, or create a functioning coral reef or coral reef ecosystem, in whole or in part, within suitable waters of the historical geographic range of such ecosystems, to provide ecological, economic, cultural, or coastal resiliency services associated with healthy coral reefs and benefit native populations of coral reef organisms.</DELETED> <DELETED> ``(15) Resilience.--The term `resilience' means the capacity for corals within their native range, coral reefs, or coral reef ecosystems to recover from natural and human disturbances as determined by clearly identifiable, measurable, and science-based standards.</DELETED> <DELETED> ``(16) Secretary.--The term `Secretary' means the Secretary of Commerce.</DELETED> <DELETED> ``(17) State.--The term `State' means--</DELETED> <DELETED> ``(A) any State of the United States that contains a coral reef ecosystem within its seaward boundaries;</DELETED> <DELETED> ``(B) American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, Puerto Rico, or the United States Virgin Islands; or</DELETED> <DELETED> ``(C) any other territory or possession of the United States or separate sovereign in free association with the United States that contains a coral reef ecosystem within its seaward boundaries.</DELETED> <DELETED> ``(18) Stewardship.--The term `stewardship', with respect to a coral reef, includes conservation, restoration, and public outreach and education.</DELETED> <DELETED> ``(19) Task force.--The term `Task Force' means the United States Coral Reef Task Force established under section 201 of the Restoring Resilient Reefs Act of 2021.</DELETED> <DELETED> ``(20) Tribal organization.--The term `Tribal organization' has the meaning given the term `tribal organization' in section 3765 of title 38, United States Code.''.</DELETED> <DELETED> (c) Conforming Amendment to National Oceans and Coastal Security Act.--Section 905(a) of the National Oceans and Coastal Security Act (16 U.S.C. 7504(a)) is amended by striking ``and coastal infrastructure'' and inserting ``, coastal infrastructure, and ecosystem services provided by natural systems such as coral reefs''.</DELETED> <DELETED>SEC. 102. MODIFICATION TO SECTION 204 OF THE CORAL REEF CONSERVATION ACT OF 2000 (16 U.S.C. 6403).</DELETED> <DELETED> Section 204 of the Coral Reef Conservation Act of 2000 (16 U.S.C. 6403) is amended--</DELETED> <DELETED> (1) in subsection (a), by striking ``this section'' and inserting ``section 213'';</DELETED> <DELETED> (2) in subsection (b), by adding at the end the following:</DELETED> <DELETED> ``(3) Special rule.--For purposes of paragraph (1), block grant funds awarded to the territories of American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, Puerto Rico, or the United States Virgin Islands under section 207 shall qualify as the non-Federal share of project costs.''; and</DELETED> <DELETED> (3) by striking subsections (c) through (j).</DELETED> <DELETED>TITLE II--UNITED STATES CORAL REEF TASK FORCE</DELETED> <DELETED>SEC. 201. ESTABLISHMENT.</DELETED> <DELETED> There is established a task force to lead, coordinate, and strengthen Federal Government actions to better preserve, conserve, and restore coral reef ecosystems, to be known as the ``United States Coral Reef Task Force'' (in this title referred to as the ``Task Force'').</DELETED> <DELETED>SEC. 202. DUTIES.</DELETED> <DELETED> The duties of the Task Force shall be--</DELETED> <DELETED> (1) to coordinate, in cooperation with State, Tribal, and local government partners, coral reef research centers designated under section 215(c) of the Coral Reef Conservation Act of 2000 (as amended by section 101), and other nongovernmental and academic partners as appropriate, activities regarding the mapping, monitoring, research, conservation, mitigation, and restoration of coral reefs and coral reef ecosystems;</DELETED> <DELETED> (2) to monitor and advise regarding implementation of the policy and Federal agency responsibilities set forth in--</DELETED> <DELETED> (A) Executive Order 13089 (63 Fed. Reg. 32701; relating to coral reef protection); and</DELETED> <DELETED> (B) the national coral reef resilience strategy developed under section 204A of the Coral Reef Conservation Act of 2000, as amended by section 101;</DELETED> <DELETED> (3) to work with the Secretary of State and the Administrator of the United States Agency for International Development, and in coordination with the other members of the Task Force--</DELETED> <DELETED> (A) to assess the United States role in international trade and protection of coral species;</DELETED> <DELETED> (B) to encourage implementation of appropriate strategies and actions to promote conservation and sustainable use of coral reef resources worldwide; and</DELETED> <DELETED> (C) to collaborate with international communities successful in managing coral reefs;</DELETED> <DELETED> (4) to provide technical assistance for the development and implementation, as appropriate, of--</DELETED> <DELETED> (A) the national coral reef resilience strategy under section 204A of the Coral Reef Conservation Act of 2000, as amended by section 101;</DELETED> <DELETED> (B) coral reef action plans under section 205 of that Act; and</DELETED> <DELETED> (C) coral reef emergency plans under section 209 of that Act; and</DELETED> <DELETED> (5) to produce a report each year, for submission to the appropriate congressional committees and publication on a publicly available internet website of the Task Force, highlighting the status of the coral reef equities of a covered State on a rotating basis, including--</DELETED> <DELETED> (A) a summary of recent coral reef management and restoration activities undertaken in that State; and</DELETED> <DELETED> (B) updated estimates of the direct and indirect economic activity supported by, and other benefits associated with, those coral reef equities.</DELETED> <DELETED>SEC. 203. MEMBERSHIP.</DELETED> <DELETED> (a) Voting Membership.--The Task Force shall have the following voting members:</DELETED> <DELETED> (1) The Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration, and the Secretary of the Interior, who shall be co-chairs of the Task Force.</DELETED> <DELETED> (2) The Administrator of the United States Agency for International Development.</DELETED> <DELETED> (3) The Secretary of Agriculture.</DELETED> <DELETED> (4) The Secretary of Defense.</DELETED> <DELETED> (5) The Secretary of the Army, acting through the Assistant Secretary of the Army for Civil Works.</DELETED> <DELETED> (6) The Secretary of Homeland Security, acting through the Administrator of the Federal Emergency Management Agency.</DELETED> <DELETED> (7) The Commandant of the Coast Guard.</DELETED> <DELETED> (8) The Attorney General.</DELETED> <DELETED> (9) The Secretary of State.</DELETED> <DELETED> (10) The Secretary of Transportation.</DELETED> <DELETED> (11) The Administrator of the Environmental Protection Agency.</DELETED> <DELETED> (12) The Administrator of the National Aeronautics and Space Administration.</DELETED> <DELETED> (13) The Director of the National Science Foundation.</DELETED> <DELETED> (14) The Governor, or a representative of the Governor, of each covered State.</DELETED> <DELETED> (b) Nonvoting Members.--The Task Force shall have the following nonvoting members:</DELETED> <DELETED> (1) A member of the South Atlantic Fishery Management Council who is designated by the Governor of Florida under section 302(b)(1) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1852(b)(1)).</DELETED> <DELETED> (2) A member of the Gulf of Mexico Fishery Management Council who is designated by the Governor of Florida under such section.</DELETED> <DELETED> (3) A member of the Western Pacific Fishery Management Council who is designated under such section and selected as follows:</DELETED> <DELETED> (A) For the period beginning on the date of the enactment of this Act and ending on December 31 of the calendar year during which such date of enactment occurs, the member shall be selected jointly by the governors of Hawaii, American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands.</DELETED> <DELETED> (B) For each calendar year thereafter, the governors of Hawaii, American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands shall, on a rotating basis, take turns selecting the member.</DELETED> <DELETED> (4) A member of the Caribbean Fishery Management Council who is designated under such section and selected as follows:</DELETED> <DELETED> (A) For the period beginning on the date of the enactment of this Act and ending on December 31 of the calendar year during which such date of enactment occurs, the member shall be selected jointly by the governors of Puerto Rico and the United States Virgin Islands.</DELETED> <DELETED> (B) For each calendar year thereafter, the governors of Puerto Rico and the United States Virgin Islands shall, on an alternating basis, take turns selecting the member.</DELETED> <DELETED> (5) A member appointed by the President of the Federated States of Micronesia.</DELETED> <DELETED> (6) A member appointed by the President of the Republic of the Marshall Islands.</DELETED> <DELETED> (7) A member appointed by the President of the Republic of Palau.</DELETED> <DELETED>SEC. 204. RESPONSIBILITIES OF FEDERAL AGENCY MEMBERS.</DELETED> <DELETED> (a) In General.--A member of the Task Force specified in paragraphs (1) through (14) of section 203(a) shall--</DELETED> <DELETED> (1) identify the actions of the agency that member represents that may affect coral reef ecosystems;</DELETED> <DELETED> (2) utilize the programs and authorities of that agency to protect and enhance the conditions of such ecosystems, including through the promotion of basic and applied scientific research;</DELETED> <DELETED> (3) collaborate with the Task Force to appropriately reflect budgetary needs for coral reef conservation and restoration activities in all agency budget planning and justification documents and processes; and</DELETED> <DELETED> (4) engage in any other coordinated efforts approved by the Task Force.</DELETED> <DELETED> (b) Co-Chairs.--In addition to their responsibilities under subsection (a), the co-chairs of the Task Force shall administer performance of the functions of the Task Force and facilitate the coordination of the members of the Task Force specified in paragraphs (1) through (14) of section 203(a).</DELETED> <DELETED>SEC. 205. WORKING GROUPS.</DELETED> <DELETED> (a) In General.--The co-chairs of the Task Force may establish working groups as necessary to meet the goals and carry out the duties of the Task Force.</DELETED> <DELETED> (b) Requests From Members.--The members of the Task Force may request that the co-chairs establish a working group under subsection (a).</DELETED> <DELETED> (c) Participation by Nongovernmental Organizations.--The co-chairs may allow nongovernmental organizations as appropriate, including academic institutions, conservation groups, and commercial and recreational fishing associations, to participate in a working group established under subsection (a).</DELETED> <DELETED> (d) Nonapplicability of Federal Advisory Committee Act.-- The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to working groups established under this section.</DELETED> <DELETED>SEC. 206. DEFINITIONS.</DELETED> <DELETED> In this title:</DELETED> <DELETED> (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources of the House of Representatives.</DELETED> <DELETED> (2) Conservation, coral, coral reef, etc.--The terms ``conservation'', ``coral'', ``coral reef'', ``coral reef ecosystem'', ``covered State'', ``restoration'', ``resilience'', and ``State'' have the meaning given those terms in section 218 of the Coral Reef Conservation Act of 2000, as amended by section 101.</DELETED> <DELETED>TITLE III--DEPARTMENT OF THE INTERIOR CORAL REEF AUTHORITIES</DELETED> <DELETED>SEC. 301. CORAL REEF CONSERVATION AND RESTORATION ASSISTANCE.</DELETED> <DELETED> (a) In General.--The Secretary of the Interior may provide scientific expertise and technical assistance, and subject to the availability of appropriations, financial assistance for the conservation and restoration of coral reefs consistent with all applicable laws governing resource management in Federal, State, and Tribal waters, including--</DELETED> <DELETED> (1) the national coral reef resilience strategy in effect under section 204A of the Coral Reef Conservation Act of 2000, as amended by section 101;</DELETED> <DELETED> (2) coral reef action plans in effect under section 205 of that Act, as applicable; and</DELETED> <DELETED> (3) coral reef emergency plans in effect under section 209 of that Act, as applicable.</DELETED> <DELETED> (b) Office of Insular Affairs Coral Reef Initiative.--The Secretary may establish within the Office of Insular Affairs a Coral Reef Initiative Program--</DELETED> <DELETED> (1) to provide grant funding to support local management, conservation, and protection of coral reef ecosystems in--</DELETED> <DELETED> (A) insular areas of covered States; and</DELETED> <DELETED> (B) Freely Associated States;</DELETED> <DELETED> (2) to complement the other conservation and assistance activities conducted under this Act; and</DELETED> <DELETED> (3) to provide other technical, scientific, and financial assistance and conduct conservation activities that advance the purpose of this Act.</DELETED> <DELETED> (c) Consultation With the Department of Commerce.--The Secretary of the Interior may consult with the Secretary of Commerce regarding the conduct of any activities to conserve and restore coral reefs and coral reef ecosystems in waters managed under the jurisdiction of the Federal agencies specified in paragraphs (2) and (3) of section 203(c) of the Coral Reef Conservation Act of 2000, as amended by section 101.</DELETED> <DELETED> (d) Cooperative Agreements.--Subject to the availability of appropriations, the Secretary of the Interior may enter into cooperative agreements with covered reef managers to fund coral reef conservation and restoration activities in waters managed under the jurisdiction of such managers that--</DELETED> <DELETED> (1) are consistent with the national coral reef resilience strategy in effect under section 204A of the Coral Reef Conservation Act of 2000, as amended by section 101; and</DELETED> <DELETED> (2) support and enhance the success of--</DELETED> <DELETED> (A) coral reef action plans in effect under section 205 of that Act; and</DELETED> <DELETED> (B) coral reef emergency plans in effect under section 209 of that Act.</DELETED> <DELETED> (e) Definitions.--In this section, the terms ``conservation'', ``coral reef'', ``covered reef manager'', ``covered State'', ``restoration'', and ``State'' have the meaning given those terms in section 218 of the Coral Reef Conservation Act of 2000, as amended by section 101.</DELETED> <DELETED>TITLE IV--SUSAN L. WILLIAMS NATIONAL CORAL REEF MANAGEMENT FELLOWSHIP</DELETED> <DELETED>SEC. 401. SHORT TITLE.</DELETED> <DELETED> This title may be cited as the ``Susan L. Williams National Coral Reef Management Fellowship Act of 2021''.</DELETED> <DELETED>SEC. 402. DEFINITIONS.</DELETED> <DELETED> In this title:</DELETED> <DELETED> (1) Fellow.--The term ``fellow'' means a National Coral Reef Management Fellow.</DELETED> <DELETED> (2) Fellowship.--The term ``fellowship'' means the National Coral Reef Management Fellowship established in section 403.</DELETED> <DELETED> (3) Indian tribe; tribal organization.--The terms ``Indian Tribe'' and ``Tribal organization'' have the meanings given those terms in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).</DELETED> <DELETED> (4) Secretary.--The term ``Secretary'' means the Secretary of Commerce.</DELETED> <DELETED>SEC. 403. ESTABLISHMENT OF FELLOWSHIP PROGRAM.</DELETED> <DELETED> (a) In General.--There is established a National Coral Reef Management Fellowship Program.</DELETED> <DELETED> (b) Purposes.--The purposes of the fellowship are-- </DELETED> <DELETED> (1) to encourage future leaders of the United States to develop additional coral reef management capacity in States and local communities with coral reefs;</DELETED> <DELETED> (2) to provide management agencies of States, Tribal organizations, and Freely Associated States with highly qualified candidates whose education and work experience meet the specific needs of each State, Indian Tribe, and Freely Associated State; and</DELETED> <DELETED> (3) to provide fellows with professional experience in management of coastal and coral reef resources.</DELETED> <DELETED>SEC. 404. FELLOWSHIP AWARDS.</DELETED> <DELETED> (a) In General.--The Secretary shall award the fellowship in accordance with this section.</DELETED> <DELETED> (b) Term of Fellowship.--A fellowship awarded under this section shall be for a term of not more than 24 months.</DELETED> <DELETED> (c) Qualifications.--The Secretary shall award the fellowship to individuals who have demonstrated--</DELETED> <DELETED> (1) an intent to pursue a career in marine services and outstanding potential for such a career;</DELETED> <DELETED> (2) leadership potential, actual leadership experience, or both;</DELETED> <DELETED> (3) a college or graduate degree in biological science, experience that correlates with aptitude and interest for marine management, or both;</DELETED> <DELETED> (4) proficient writing and speaking skills; and</DELETED> <DELETED> (5) such other attributes as the Secretary considers appropriate.</DELETED> <DELETED>SEC. 405. MATCHING REQUIREMENT.</DELETED> <DELETED> (a) In General.--Except as provided in subsection (b), the non-Federal share of the costs of a fellowship under this section shall be 25 percent of such costs.</DELETED> <DELETED> (b) Waiver of Requirements.--The Secretary may waive the application of subsection (a) if the Secretary finds that such waiver is necessary to support a project that the Secretary has identified as a high priority.</DELETED> SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Restoring Resilient Reefs Act of 2021''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--REAUTHORIZATION OF CORAL REEF CONSERVATION ACT OF 2000 Sec. 101. Reauthorization of Coral Reef Conservation Act of 2000. TITLE II--UNITED STATES CORAL REEF TASK FORCE Sec. 201. Establishment. Sec. 202. Duties. Sec. 203. Membership. Sec. 204. Responsibilities of Federal agency members. Sec. 205. Working groups. Sec. 206. Definitions. TITLE III--DEPARTMENT OF THE INTERIOR CORAL REEF AUTHORITIES Sec. 301. Coral reef conservation and restoration assistance. TITLE IV--SUSAN L. WILLIAMS NATIONAL CORAL REEF MANAGEMENT FELLOWSHIP Sec. 401. Short title. Sec. 402. Definitions. Sec. 403. Establishment of fellowship program. Sec. 404. Fellowship awards. Sec. 405. Matching requirement. TITLE I--REAUTHORIZATION OF CORAL REEF CONSERVATION ACT OF 2000 SEC. 101. REAUTHORIZATION OF CORAL REEF CONSERVATION ACT OF 2000. (a) In General.--The Coral Reef Conservation Act of 2000 (16 U.S.C. 6401 et seq.) is amended-- (1) by redesignating sections 209 and 210 as sections 217 and 218, respectively; (2) by striking sections 202 through 208 and inserting the following: ``SEC. 202. PURPOSES. ``The purposes of this title are-- ``(1) to conserve and restore the condition of United States coral reef ecosystems challenged by natural and human- accelerated changes, including increasing ocean temperatures, ocean acidification, coral bleaching, coral diseases, water quality degradation, invasive species, and illegal, unreported, and unregulated fishing; ``(2) to promote the science-based management and sustainable use of coral reef ecosystems to benefit local communities and the Nation, including through improved integration and cooperation among Federal and non-Federal stakeholders with coral reef equities; ``(3) to develop sound scientific information on the condition of coral reef ecosystems, continuing and emerging threats to such ecosystems, and the efficacy of innovative tools, technologies, and strategies to mitigate stressors and restore such ecosystems, including evaluation criteria to determine the effectiveness of management interventions, and accurate mapping for coral reef restoration; ``(4) to assist in the preservation of coral reefs by supporting science-based, consensus-driven, and community-based coral reef management by covered States and covered Native entities, including monitoring, conservation, and restoration projects that empower local communities, small businesses, and nongovernmental organizations; ``(5) to provide financial resources, technical assistance, and scientific expertise to supplement, complement, and strengthen community-based management programs and conservation and restoration projects of non-Federal reefs; ``(6) to establish a formal mechanism for collecting and allocating monetary donations from the private sector to be used for coral reef conservation and restoration projects; ``(7) to support the rapid and effective, science-based assessment and response to exigent circumstances that pose immediate and long-term threats to coral reefs, such as coral disease, invasive or nuisance species, coral bleaching, natural disasters, and industrial or mechanical disasters, such as vessel groundings, hazardous spills, or coastal construction accidents; and ``(8) to serve as a model for advancing similar international efforts to monitor, conserve, and restore coral reef ecosystems. ``SEC. 203. FEDERAL CORAL REEF MANAGEMENT AND RESTORATION ACTIVITIES. ``(a) In General.--The Administrator or the Secretary of the Interior may conduct activities described in subsection (b) to conserve and restore coral reefs and coral reef ecosystems that are consistent with-- ``(1) all applicable laws governing resource management in Federal and State waters, including this Act; ``(2) the national coral reef resilience strategy in effect under section 204; and ``(3) coral reef action plans in effect under section 205, as applicable. ``(b) Activities Described.--Activities described in this subsection are activities to conserve, research, monitor, assess, and restore coral reefs and coral reef ecosystems in waters managed under the jurisdiction of a Federal agency specified in subsection (c) or in coordination with a State in waters managed under the jurisdiction of such State, including-- ``(1) developing, including through the collection of requisite in situ and remotely sensed data, high-quality and digitized maps reflecting-- ``(A) current and historical live coral cover data; ``(B) coral reef habitat quality data; ``(C) priority areas for coral reef conservation to maintain biodiversity and ecosystem structure and function, including the reef matrix, that benefit coastal communities and living marine resources; ``(D) priority areas for coral reef restoration to enhance biodiversity and ecosystem structure and function, including the reef matrix, to benefit coastal communities and living marine resources; and ``(E) areas of concern that may require enhanced monitoring of coral health and cover; ``(2) enhancing compliance with Federal laws that prohibit or regulate-- ``(A) the taking of coral products or species associated with coral reefs; or ``(B) the use and management of coral reef ecosystems; ``(3) long-term ecological monitoring of coral reef ecosystems; ``(4) implementing species-specific recovery plans for listed coral species consistent with the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); ``(5) restoring degraded coral reef ecosystems; ``(6) promoting ecologically sound navigation and anchorages, including through navigational aids and expansion of reef-safe anchorages and mooring buoy systems, to enhance recreational access while preventing or minimizing the likelihood of vessel impacts or other physical damage to coral reefs; ``(7) monitoring and responding to severe bleaching or mortality events, disease outbreaks, invasive species outbreaks, and significant maritime accidents, including chemical spill cleanup and the removal of grounded vessels; ``(8) conducting scientific research that contributes to the understanding, sustainable use, and long-term conservation of coral reefs; ``(9) enhancing public awareness, understanding, and appreciation of coral reefs and coral reef ecosystems; and ``(10) centrally archiving, managing, and distributing data sets and coral reef ecosystem assessments and publishing such information on publicly available internet websites, by means such as leveraging and partnering with existing data repositories, of-- ``(A) the Coral Reef Conservation Program of the National Oceanic and Atmospheric Administration; and ``(B) the Task Force. ``(c) Federal Agencies Specified.--A Federal agency specified in this subsection is one of the following: ``(1) The National Oceanic and Atmospheric Administration. ``(2) The National Park Service. ``(3) The United States Fish and Wildlife Service. ``(4) The Office of Insular Affairs. ``SEC. 204. NATIONAL CORAL REEF RESILIENCE STRATEGY. ``(a) In General.--The Administrator shall-- ``(1) not later than 2 years after the date of the enactment of the Restoring Resilient Reefs Act of 2021, develop a national coral reef resilience strategy; and ``(2) periodically thereafter, but not less frequently than once every 15 years (and not less frequently than once every 5 years, in the case of guidance on best practices under subsection (b)(4)), review and revise the strategy as appropriate. ``(b) Elements.--The strategy required by subsection (a) shall include the following: ``(1) A discussion addressing-- ``(A) continuing and emerging threats to the resilience of United States coral reef ecosystems; ``(B) remaining gaps in coral reef ecosystem research, monitoring, and assessment; ``(C) the status of management cooperation and integration among Federal reef managers and covered reef managers; ``(D) the status of efforts to manage and disseminate critical information, and enhance interjurisdictional data sharing, related to research, reports, datasets, and maps; ``(E) areas of special focus, which may include-- ``(i) improving natural coral recruitment; ``(ii) preventing avoidable losses of corals and their habitat; ``(iii) enhancing the resilience of coral populations; ``(iv) supporting a resilience-based management approach; ``(v) developing, coordinating, and implementing watershed management plans; ``(vi) building and sustaining watershed management capacity at the local level; ``(vii) providing data essential for coral reef fisheries management; ``(viii) building capacity for coral reef fisheries management; ``(ix) increasing understanding of coral reef ecosystem services; ``(x) educating the public on the importance of coral reefs, threats and solutions; and ``(xi) evaluating intervention efficacy; ``(F) the status of conservation efforts, including the use of marine protected areas to serve as replenishment zones developed consistent with local practices and traditions and in cooperation with, and with respect for the scientific, technical, and management expertise and responsibilities of, covered reef managers; ``(G) science-based adaptive management and restoration efforts; and ``(H) management of coral reef emergencies and disasters. ``(2) A statement of national goals and objectives designed to guide-- ``(A) future Federal coral reef management and restoration activities authorized under section 203; ``(B) conservation and restoration priorities for grants awarded under section 213 and cooperative agreements under section 208; and ``(C) research priorities for the reef research coordination institutes designated under section 214. ``(3) A designation of priority areas for conservation, and priority areas for restoration, to support the review and approval of grants under section 213(e). ``(4) General templates for use by covered reef managers and Federal reef managers to guide the development of coral reef action plans under section 205, including guidance on the best science-based practices to respond to coral reef emergencies that can be included in coral reef action plans. ``(c) Consultations.--In developing all elements of the strategy required by subsection (a), the Administrator shall-- ``(1) consult with the Secretary of the Interior, the Task Force, covered States, and covered Native entities; ``(2) engage stakeholders, including covered States, coral reef stewardship partnerships, reef research coordination institutes and research centers designated under section 214, and recipients of grants under section 213; and ``(3) solicit public review and comment regarding scoping and the draft strategy. ``(d) Submission to Congress; Publication.--The Administrator shall-- ``(1) submit the strategy required by subsection (a) and any revisions to the strategy to the appropriate congressional committees; and ``(2) publish the strategy and any such revisions on publicly available internet websites of-- ``(A) the Coral Reef Conservation Program of the National Oceanic and Atmospheric Administration; and ``(B) the Task Force. ``SEC. 205. CORAL REEF ACTION PLANS. ``(a) Plans Prepared by Federal Reef Managers.-- ``(1) In general.--Not later than 3 years after the date of the enactment of the Restoring Resilient Reefs Act of 2021, each Federal reef manager shall-- ``(A) prepare a coral reef action plan to guide management and restoration activities to be undertaken within the responsibilities and jurisdiction of the manager; or ``(B) in the case of a reef under the jurisdiction of a Federal reef manager for which there is a management plan in effect as of such date of enactment, update that plan to comply with the requirements of this subsection. ``(2) Elements.--A plan prepared under paragraph (1) by a Federal reef manager shall include a discussion of the following: ``(A) Short- and mid-term coral reef conservation and restoration objectives within the jurisdiction of the manager. ``(B) A current adaptive management framework to inform research, monitoring, and assessment needs. ``(C) Tools, strategies, and partnerships necessary to identify, monitor, and address pollution and water quality impacts to coral reef ecosystems within the jurisdiction of the manager. ``(D) The status of efforts to improve coral reef ecosystem management cooperation and integration between Federal reef managers and covered reef managers, including the identification of existing research and monitoring activities that can be leveraged for coral reef status and trends assessments within the jurisdiction of the manager. ``(E) Estimated budgetary and resource considerations necessary to carry out the plan. ``(F) Contingencies for response to and recovery from emergencies and disasters. ``(G) In the case of an updated plan, annual records of significant management and restoration actions taken under the previous plan, cash and non- cash resources used to undertake the actions, and the source of such resources. ``(H) Documentation by the Federal reef manager that the plan is consistent with the national coral reef resilience strategy in effect under section 204. ``(I) A data management plan to ensure data, assessments, and accompanying information are appropriately preserved, curated, publicly accessible, and broadly reusable. ``(3) Submission to task force.--Each Federal reef manager shall submit a plan prepared under paragraph (1) to the Task Force. ``(4) Application of administrative procedure act.--Each plan prepared under paragraph (1) shall be subject to the requirements of subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the `Administrative Procedure Act'). ``(b) Plans Prepared by Covered Reef Managers.-- ``(1) In general.--A covered reef manager may elect to prepare, submit to the Task Force, and maintain a coral reef action plan to guide management and restoration activities to be undertaken within the responsibilities and jurisdiction of the manager. ``(2) Effective period.--A plan prepared under this subsection shall remain in effect for 5 years, or until an updated plan is submitted to the Task Force, whichever occurs first. ``(3) Elements.--A plan prepared under paragraph (1) by a covered reef manager-- ``(A) shall contain a discussion of-- ``(i) short- and mid-term coral reef conservation and restoration objectives within the jurisdiction of the manager; ``(ii) estimated budgetary and resource considerations necessary to carry out the plan; ``(iii) in the case of an updated plan, annual records of significant management and restoration actions taken under the previous plan, cash and non-cash resources used to undertake the actions, and the source of such resources; and ``(iv) contingencies for response to and recovery from emergencies and disasters; and ``(B) may contain a discussion of-- ``(i) the status of efforts to improve coral reef ecosystem management cooperation and integration between Federal reef managers and covered reef managers, including the identification of existing research and monitoring activities that can be leveraged for coral reef status and trends assessments within the jurisdiction of the manager; ``(ii) a current adaptive management framework to inform research, monitoring, and assessment needs; ``(iii) tools, strategies, and partnerships necessary to identify, monitor, and address pollution and water quality impacts to coral reef ecosystems within the jurisdiction of the manager; and ``(iv) a data management plan to ensure data, assessments, and accompanying information are appropriately preserved, curated, publicly accessible, and broadly reusable.. ``(c) Technical Assistance.--The Administrator and the Task Force shall make all reasonable efforts to provide technical assistance upon request by a Federal reef manager or covered reef manager developing a coral reef action plan under this section. ``(d) Publication.--The Administrator shall publish each coral reef action plan prepared and submitted to the Task Force under this section on publicly available internet websites of-- ``(1) the Coral Reef Conservation Program of the National Oceanic and Atmospheric Administration; and ``(2) the Task Force. ``SEC. 206. CORAL REEF STEWARDSHIP PARTNERSHIPS. ``(a) In General.--To further the community-based stewardship of coral reefs, coral reef stewardship partnerships for Federal and non- Federal coral reefs may be established in accordance with this section. ``(b) Standards and Procedures.--The Administrator shall develop and adopt-- ``(1) standards for identifying individual coral reefs and ecologically significant units of coral reefs; and ``(2) processes for adjudicating multiple applicants for stewardship of the same coral reef or ecologically significant unit of a reef to ensure no geographic overlap in representation among stewardship partnerships authorized by this section. ``(c) Membership for Federal Coral Reefs.--A coral reef stewardship partnership that has identified, as the subject of its stewardship activities, a coral reef or ecologically significant unit of a coral reef that is fully or partially under the management jurisdiction of any Federal agency specified in section 203(c) shall, at a minimum, include the following: ``(1) That Federal agency, a representative of which shall serve as chairperson of the coral reef stewardship partnership. ``(2) A State or county's resource management agency. ``(3) A coral reef research center designated under section 214(b). ``(4) A nongovernmental organization. ``(5) Such other members as the partnership considers appropriate, such as interested stakeholder groups and covered Native entities. ``(d) Membership for Non-Federal Coral Reefs.-- ``(1) In general.--A coral reef stewardship partnership that has identified, as the subject of its stewardship activities, a coral reef or ecologically significant component of a coral reef that is not under the management jurisdiction of any Federal agency specified in section 203(c) shall, at a minimum, include the following: ``(A) A State or county's resource management agency or a covered Native entity, a representative of which shall serve as the chairperson of the coral reef stewardship partnership. ``(B) A coral reef research center designated under section 214(b). ``(C) A nongovernmental organization. ``(D) Such other members as the partnership considers appropriate, such as interested stakeholder groups. ``(2) Additional members.-- ``(A) In general.--Subject to subparagraph (B), a coral reef stewardship partnership described in paragraph (1) may also include representatives of one or more Federal agencies. ``(B) Requests; approval.--A representative of a Federal agency described in subparagraph (A) may become a member of a coral reef stewardship partnership described in paragraph (1) if-- ``(i) the representative submits a request to become a member to the chairperson of the partnership referred to in paragraph (1)(A); and ``(ii) the chairperson consents to the request. ``(e) Nonapplicability of Federal Advisory Committee Act.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to coral reef stewardship partnerships under this section. ``SEC. 207. BLOCK GRANTS. ``(a) In General.--The Administrator shall provide block grants of financial assistance to covered States to support management and restoration activities and further the implementation of coral reef action plans in effect under section 205 by covered States and non- Federal coral reef stewardship partnerships in accordance with this section. The Administrator shall review each covered State's application for block grant funding to ensure that applications are consistent with applicable action plans and the national coral reef resilience strategy in effect under section 204. ``(b) Eligibility for Additional Amounts.-- ``(1) In general.--A covered State shall qualify for and receive additional grant amounts beyond the base award specified in subsection (c)(1) if there is at least one coral reef action plan in effect within the jurisdiction of the covered State developed by that covered State or a non-Federal coral reef stewardship partnership. ``(2) Waiver for certain fiscal years.--The Administrator may waive the requirement under paragraph (1) during fiscal years 2022 and 2023. ``(c) Funding Formula.--Subject to the availability of appropriations, the amount of each block grant awarded to a covered State under this section shall be the sum of-- ``(1) a base award of $100,000; and ``(2) if the State is eligible under subsection (b)-- ``(A) an amount that is equal to non-Federal expenditures of up to $3,000,000 on coral reef management and restoration activities within the jurisdiction of the State, as reported within the previous fiscal year; and ``(B) an additional amount, from any funds appropriated for block grants under this section that remain after distribution under subparagraph (A) and paragraph (1), based on the proportion of the State's share of total non-Federal expenditures on coral reef management and restoration activities, as reported within the previous fiscal year, in excess of $3,000,000, relative to other covered States. ``(d) Exclusions.--For the purposes of calculating block grant amounts under subsection (c), Federal funds provided to a covered State or non-Federal coral reef stewardship partnership shall not be considered as qualifying non-Federal expenditures, but non-Federal matching funds used to leverage Federal awards may be considered as qualifying non-Federal expenditures. ``(e) Responsibilities of the Administrator.--The Administrator is responsible for-- ``(1) providing guidance on qualifying non-Federal expenditures and the proper documentation of such expenditures; ``(2) issuing annual solicitations to covered States for awards under this section; and ``(3) determining the appropriate allocation of additional amounts among covered States in accordance with this section. ``(f) Responsibilities of Covered States.--Each covered State is responsible for documenting non-Federal expenditures within the jurisdiction of the State and formally reporting those expenditures for review in response to annual solicitations by the Administrator under subsection (e). ``(g) Unobligated Amounts.--Any amounts available for block grants under this section that are not obligated by the National Oceanic and Atmospheric Administration shall be transferred to the Coral Reef Stewardship Fund established under section 209. ``SEC. 208. COOPERATIVE AGREEMENTS. ``(a) In General.--The Administrator shall seek to enter into cooperative agreements with covered States to fund coral reef conservation and restoration activities in waters managed under the jurisdiction of those covered States that are consistent with the national coral reef resilience strategy in effect under section 204 and any applicable action plans under section 205. ``(b) All Islands Committee.--The Administrator may enter into a cooperative agreement with the All Islands Committee of the Task Force to provide support for its activities. ``(c) Funding.--Cooperative agreements under subsection (a) shall provide not less than $500,000 to each covered State and are not subject to any matching requirement. ``(d) Unobligated Amounts.--Any amounts available for cooperative agreements under this section that are not obligated by the National Oceanic and Atmospheric Administration shall be transferred to the Coral Reef Stewardship Fund established under section 209. ``SEC. 209. CORAL REEF STEWARDSHIP FUND. ``(a) Agreement.--The Administrator shall seek to enter into an agreement with the National Fish and Wildlife Foundation (in this section referred to as the `Foundation'), authorizing the Foundation to receive, hold, and administer funds received under this section. ``(b) Fund.-- ``(1) In general.--The Foundation shall establish an account, which shall-- ``(A) be known as the `Coral Reef Stewardship Fund' (in this section referred to as the `Fund'); and ``(B) serve as the successor to the account known before the date of the enactment of the Restoring Resilient Reefs Act of 2021 as the Coral Reef Conservation Fund and administered through a public- private partnership with the Foundation. ``(2) Deposits.--The Foundation shall deposit funds received under this section into the Fund. ``(3) Purposes.--The Fund shall be available solely to support coral reef stewardship activities that-- ``(A) further the purposes of this title; and ``(B) are consistent with-- ``(i) the national coral reef resilience strategy in effect under section 204; and ``(ii) coral reef action plans in effect, if any, under section 205 covering a coral reef or ecologically significant component of a coral reef to be impacted by such activities, if applicable. ``(4) Investment of amounts.-- ``(A) Investment of amounts.--The Foundation shall invest such portion of the Fund as is not required to meet current withdrawals in interest-bearing obligations of the United States or in obligations guaranteed as to both principal and interest by the United States. ``(B) Interest and proceeds.--The interest on, and the proceeds from the sale or redemption of, any obligations held in the Fund shall be credited to and form a part of the Fund. ``(5) Review of performance.--The Administrator shall conduct a continuing review of all deposits into, and disbursements from, the Fund. Each review shall include a written assessment concerning the extent to which the Foundation has implemented the goals and requirements of-- ``(A) this section; and ``(B) the national coral reef resilience strategy in effect under section 204. ``(c) Authorization to Solicit Donations.-- ``(1) In general.--Pursuant to an agreement entered into under subsection (a), the Foundation may accept, receive, solicit, hold, administer, and use any gift (including, notwithstanding section 1342 of title 31, United States Code, donations of services) to further the purposes of this title. ``(2) Deposits in fund.--Notwithstanding section 3302 of title 31, United States Code, any funds received as a gift shall be deposited and maintained in the Fund. ``(d) Administration.--Under an agreement entered into pursuant to subsection (a), and subject to the availability of appropriations, the Administrator shall transfer funds described in sections 207(g), 208(d), 213(i), and 214(c) that are not obligated by the National Oceanic and Atmospheric Administration, and may transfer funds appropriated to carry out this title, to the Foundation. Amounts received by the Foundation under this subsection may be used for matching, in whole or in part, contributions (whether in money, services, or property) made to the Foundation by private persons, State or local government agencies, or covered Native entities. ``SEC. 210. EMERGENCY ASSISTANCE. ``(a) In General.--Notwithstanding any other provision of law, from funds appropriated pursuant to the authorization of appropriations under section 217, the Administrator may provide emergency assistance to any covered State or coral reef stewardship partnership to respond to immediate harm to coral reefs or coral reef ecosystems arising from any of the exigent circumstances described in subsection (b). ``(b) Coral Reef Exigent Circumstances.--The Administrator shall develop a list of, and criteria for, circumstances that pose an exigent threat to coral reefs, including-- ``(1) new and ongoing outbreaks of disease; ``(2) new and ongoing outbreaks of invasive or nuisance species; ``(3) new and ongoing coral bleaching events; ``(4) natural disasters; ``(5) industrial or mechanical incidents, such as vessel groundings, hazardous spills, or coastal construction accidents; and ``(6) other circumstances that pose an urgent threat to coral reefs. ``(c) Annual Report on Exigent Circumstances.--On February 1 of each year, the Administrator shall submit to the appropriate congressional committees, the Committee on Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives a report that-- ``(1) describes locations with exigent circumstances described in subsection (b) that were considered but declined for emergency assistance, and the rationale for the decision; and ``(2) with respect to each instance in which emergency assistance under this section was provided-- ``(A) the location and a description of the exigent circumstances that prompted the emergency assistance, the entity that received the assistance, and the current and expected outcomes from the assistance; ``(B) a description of activities of the National Oceanic and Atmospheric Administration that were curtailed as a result of providing the emergency assistance; ``(C) in the case of an incident described in subsection (b)(5), a statement of whether legal action was commenced under subsection (c), and the rationale for the decision; and ``(D) an assessment of whether further action is needed to restore the affected coral reef, recommendations for such restoration, and a cost estimate to implement such recommendations. ``SEC. 211. CORAL REEF DISASTER FUND. ``(a) Agreements.--The Administrator shall seek to enter into an agreement with the National Fish and Wildlife Foundation (in this section referred to as the `Foundation'), authorizing the Foundation to receive, hold, and administer funds received under this section. ``(b) Fund.-- ``(1) In general.--The Foundation shall establish an account, to be known as the `Coral Reef Disaster Fund' (in this section referred to as the `Fund'). ``(2) Deposits.--The Foundation shall deposit funds received under this section into the Fund. ``(3) Purposes.--The Fund shall be available solely to support the long-term recovery of coral reefs from exigent circumstances described in section 210-- ``(A) in partnership with non-Federal stakeholders; and ``(B) in a manner that is consistent with-- ``(i) the national coral reef resilience strategy in effect under section 204; and ``(ii) coral reef action plans in effect, if any, under section 205. ``(4) Investment of amounts.-- ``(A) Investment of amounts.--The Foundation shall invest such portion of the Fund as is not required to meet current withdrawals in interest-bearing obligations of the United States or in obligations guaranteed as to both principal and interest by the United States. ``(B) Interest and proceeds.--The interest on, and the proceeds from the sale or redemption of, any obligations held in the Fund shall be credited to and form a part of the Fund. ``(5) Review of performance.--The Administrator shall conduct continuing reviews of all deposits into, and disbursements from, the Fund. Each such review shall include a written assessment concerning the extent to which the Foundation has implemented the goals and requirements of this section. ``(c) Authorization to Solicit Donations.-- ``(1) In general.--Pursuant to an agreement entered into under subsection (a), the Foundation may accept, receive, solicit, hold, administer, and use any gift (including, notwithstanding section 1342 of title 31, United States Code, donations of services) to further the purposes of this title. ``(2) Deposits in fund.--Notwithstanding section 3302 of title 31, United States Code, any funds received as a gift shall be deposited and maintained in the Fund. ``(d) Administration.--Under an agreement entered into under subsection (a), and subject to the availability of appropriations, the Administrator may transfer funds appropriated to carry out this title to the Foundation. Amounts received by the Foundation under this subsection may be used for matching, in whole or in part, contributions (whether in money, services, or property) made to the Foundation by private persons, State or local government agencies, or covered Native entities. ``SEC. 212. VESSEL GROUNDING INVENTORY. ``The Administrator, in coordination with the Commandant of the Coast Guard, the Administrator of the Maritime Administration, and the heads of other Federal and State agencies as appropriate, shall establish and maintain an inventory of all vessel grounding incidents involving United States coral reefs, including a description of-- ``(1) the location of each such incident; ``(2) vessel and ownership information relating to each such incident, if available; ``(3) the impacts of each such incident to coral reefs, coral reef ecosystems, and related natural resources; ``(4) the estimated cost of removal of the vessel, remediation, or restoration arising from each such incident; ``(5) any response actions taken by the owner of the vessel, the Administrator, the Commandant, or representatives of other Federal or State agencies; ``(6) the status of such response actions, including-- ``(A) when the grounded vessel was removed, the costs of removal, and the how the removal was resourced; ``(B) a narrative and timeline of remediation or restoration activities undertaken by a Federal agency or agencies; ``(C) any emergency or disaster assistance provided under section 210 or 211; ``(D) any actions taken to prevent future grounding incidents; and ``(7) recommendations for additional navigational aids or other mechanisms for preventing future grounding incidents. ``SEC. 213. RUTH D. GATES CORAL REEF CONSERVATION GRANT PROGRAM. ``(a) In General.--Subject to the availability of appropriations, the Administrator shall establish a program (to be known as the `Ruth D. Gates Coral Reef Conservation Grant Program') to provide grants for projects for the conservation and restoration of coral reef ecosystems (in this section referred to as `coral reef projects') pursuant to proposals approved by the Administrator in accordance with this section. ``(b) Matching Requirements for Grants.-- ``(1) In general.--Except as provided in paragraph (3), Federal funds for any coral reef project for which a grant is provided under subsection (a) may not exceed 50 percent of the total cost of the project. ``(2) Non-federal share.--The non-Federal share of the cost of a coral reef project may be provided by in-kind contributions and other noncash support. ``(3) Waiver.--The Administrator may waive all or part of the matching requirement under paragraph (1) if the Administrator determines that no reasonable means are available through which an applicant can meet the matching requirement with respect to a coral reef project and the probable benefit of the project outweighs the public interest in the matching requirement. ``(c) Eligibility.-- ``(1) In general.--An entity described in paragraph (2) may submit to the Administrator a proposal for a coral reef project. ``(2) Entities described.--An entity described in this paragraph is-- ``(A) a covered reef manager or a covered Native entity-- ``(i) with responsibility for coral reef management; or ``(ii) the activities of which directly or indirectly affect coral reefs or coral reef ecosystems; ``(B) a regional fishery management council established under the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.); ``(C) a coral reef stewardship partnership seeking to implement a coral reef action plan in effect under section 205; ``(D) a coral reef research center designated under section 214(b); or ``(E) another nongovernmental organization or research institution with demonstrated expertise in the conservation or restoration of coral reefs in practice or through significant contributions to the body of existing scientific research on coral reefs. ``(d) Project Proposals.--Each proposal for a grant under this section for a coral reef project shall include the following: ``(1) The name of the individual or entity responsible for conducting the project. ``(2) A description of the qualifications of the individual or entity. ``(3) A succinct statement of the purposes of the project. ``(4) An estimate of the funds and time required to complete the project. ``(5) Evidence of support for the project by appropriate representatives of States or other government jurisdictions in which the project will be conducted. ``(6) Information regarding the source and amount of matching funding available to the applicant. ``(7) A description of how the project meets one or more of the criteria under subsection (f)(2). ``(8) In the case of a proposal submitted by a coral reef stewardship partnership, a description of how the project aligns with the applicable coral reef action plan in effect under section 205. ``(9) Any other information the Administrator considers to be necessary for evaluating the eligibility of the project for a grant under this subsection. ``(e) Project Review and Approval.-- ``(1) In general.--The Administrator shall review each coral reef project proposal submitted under this section to determine if the project meets the criteria set forth in subsection (f). ``(2) Prioritization of conservation projects.--The Administrator shall prioritize the awarding of funding for projects that meet the criteria for approval under subparagraphs (A) through (G) of subsection (f)(2) that are proposed to be conducted within priority areas identified for coral reef conservation by the Administrator under the national coral reef resilience strategy in effect under section 204. ``(3) Prioritization of restoration projects.--The Administrator shall prioritize the awarding of funding for projects that meet the criteria for approval under subparagraphs (E) through (L) of subsection (f)(2) that are proposed to be conducted within priority areas identified for coral reef restoration by the Administrator under the national coral reef resilience strategy in effect under section 204. ``(4) Review; approval or disapproval.--Not later than 180 days after receiving a proposal for a coral reef project under this section, the Administrator shall-- ``(A) request and consider written comments on the proposal from each Federal agency, State government, covered Native entity, or other government jurisdiction, including the relevant regional fishery management councils established under the Magnuson- Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.), or any National Marine Sanctuary or Marine National Monument, with jurisdiction or management authority over coral reef ecosystems in the area where the project is to be conducted, including the extent to which the project is consistent with locally established priorities, unless such entities were directly involved in the development of the project proposal; ``(B) provide for the merit-based peer review of the proposal and require standardized documentation of that peer review; ``(C) after considering any written comments and recommendations based on the reviews under subparagraphs (A) and (B), approve or disapprove the proposal; and ``(D) provide written notification of that approval or disapproval, with summaries of all written comments, recommendations, and peer reviews, to the entity that submitted the proposal, and each of those States, covered Native entity, and other government jurisdictions that provided comments under subparagraph (A). ``(f) Criteria for Approval.--The Administrator may not approve a proposal for a coral reef project under this section unless the project-- ``(1) is consistent with-- ``(A) the national coral reef resilience strategy in effect under section 204; and ``(B) any Federal or non-Federal coral reef action plans in effect under section 205 covering a coral reef or ecologically significant unit of a coral reef to be affected by the project; and ``(2) will enhance the conservation and restoration of coral reefs by-- ``(A) addressing conflicts arising from the use of environments near coral reefs or from the use of corals, species associated with coral reefs, and coral products, including supporting consensus-driven, community-based planning and management initiatives for the protection of coral reef ecosystems; ``(B) improving compliance with laws that prohibit or regulate the taking of coral products or species associated with coral reefs or regulate the use and management of coral reef ecosystems; ``(C) designing and implementing networks of real- time water quality monitoring along coral reefs, including data collection related to turbidity, nutrient availability, harmful algal blooms, and plankton assemblages, with an emphasis on coral reefs impacted by agriculture and urban development; ``(D) promoting ecologically sound navigation and anchorages, including mooring buoy systems to promote enhanced recreational access, near coral reefs; ``(E) furthering the goals and objectives of coral reef action plans in effect under section 205; ``(F) mapping the location and distribution of coral reefs and potential coral reef habitat; ``(G) stimulating innovation to advance the ability of the United States to understand, research, or monitor coral reef ecosystems, or to develop management or adaptation options to conserve and restore coral reef ecosystems; ``(H) implementing research to ensure the population viability of listed coral species in United States waters as detailed in the population-based recovery criteria included in species-specific recovery plans consistent with the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); ``(I) developing and implementing cost-effective methods to restore degraded coral reef ecosystems or to create geographically appropriate coral reef ecosystems in suitable waters, including by improving habitat or promoting success of keystone species, with an emphasis on novel restoration strategies and techniques to advance coral reef recovery and growth near population centers threatened by rising sea levels and storm surge; ``(J) translating and applying coral genetics research to coral reef ecosystem restoration, including research related to traits that promote resilience to increasing ocean temperatures, ocean acidification, coral bleaching, coral diseases, and invasive species; ``(K) developing and maintaining in situ native coral propagation sites; or ``(L) developing and maintaining ex situ coral propagation nurseries and land-based coral gene banks to-- ``(i) conserve or augment genetic diversity of native coral populations; ``(ii) support captive breeding of rare coral species; or ``(iii) enhance resilience of native coral populations to increasing ocean temperatures, ocean acidification, coral bleaching, and coral diseases through selective breeding, conditioning, or other approaches that target genes, gene expression, phenotypic traits, or phenotypic plasticity. ``(g) Funding Requirements.--To the extent practicable based upon proposals for coral reef projects submitted to the Administrator, the Administrator shall ensure that funding for grants awarded under this section during a fiscal year is distributed as follows: ``(1) Not less than 40 percent of funds available shall be awarded for projects in the Pacific Ocean within the maritime areas and zones subject to the jurisdiction or control of the United States. ``(2) Not less than 40 percent of the funds available shall be awarded for projects in the Atlantic Ocean, the Gulf of Mexico, or the Caribbean Sea within the maritime areas and zones subject to the jurisdiction or control of the United States. ``(3) Not more than 67 percent of funds distributed in each region in accordance with paragraphs (1) and (2) shall be made exclusively available to projects that are-- ``(A) submitted by a coral reef stewardship partnership; and ``(B) consistent with the coral reef action plan in effect under section 205 by such a partnership. ``(4) Of the funds distributed to support projects in accordance with paragraph (3), not less than 20 percent and not more than 33 percent shall be awarded for projects submitted by a Federal coral reef stewardship partnership. ``(h) Task Force.--The Administrator may consult with the Secretary of the Interior and the Task Force to obtain guidance in establishing priorities and evaluating proposals for coral reef projects under this section. ``(i) Unobligated Amounts.--Any amounts available for grants under this section that are not obligated by the National Oceanic and Atmospheric Administration shall be transferred to the Coral Reef Stewardship Fund established under section 209. ``SEC. 214. NON-FEDERAL CORAL REEF RESEARCH. ``(a) Reef Research Coordination Institutes.-- ``(1) Establishment.--The Administrator shall designate 2 reef research coordination institutes for the purpose of advancing and sustaining essential capabilities in coral reef research, one each in the Atlantic and Pacific basins, to be known as the `Atlantic Reef Research Coordination Institute' and the `Pacific Reef Research Coordination Institute', respectively. ``(2) Membership.--Each institute designated under paragraph (1) shall be housed within a single coral reef research center designated by the Administrator under subsection (b) and may enter into contracts with other coral reef research centers designated under subsection (b) within the same basin to support the institute's capacity and reach. ``(3) Functions.--The institutes designated under paragraph (1) shall-- ``(A) conduct federally directed research to fill national and regional coral reef ecosystem research gaps and improve understanding of, and responses to, continuing and emerging threats to the resilience of United States coral reef ecosystems consistent with the national coral reef resilience strategy in effect under section 204; ``(B) support ecological research and monitoring to study the effects of conservation and restoration activities funded by this title on promoting more effective coral reef management and restoration; and ``(C) through agreements-- ``(i) collaborate directly with governmental resource management agencies, coral reef stewardship partnerships, nonprofit organizations, and other coral reef research centers designated under subsection (b); ``(ii) assist in the development and implementation of-- ``(I) the national coral reef resilience strategy under section 204; and ``(II) coral reef action plans under section 205; ``(iii) build capacity within non-Federal governmental resource management agencies to establish research priorities and translate and apply research findings to management and restoration practices; and ``(iv) conduct public education and awareness programs for policymakers, resource managers, and the general public on-- ``(I) coral reefs and coral reef ecosystems; ``(II) best practices for coral reef ecosystem management and restoration; ``(III) the value of coral reefs; and ``(IV) the threats to the sustainability of coral reef ecosystems. ``(b) Coral Reef Research Centers.-- ``(1) In general.--The Administrator shall-- ``(A) periodically solicit applications for designation of qualifying institutions in covered States as coral reef research centers; and ``(B) designate all qualifying institutions in covered States as coral reef research centers. ``(2) Qualifying institutions.--For purposes of paragraph (1), an institution is a qualifying institution if the Administrator determines that the institution-- ``(A) is operated by an institution of higher education or nonprofit marine research organization; ``(B) has established management-driven national or regional coral reef research or restoration programs; ``(C) has demonstrated abilities to coordinate closely with appropriate Federal and State agencies, as well as other academic and nonprofit organizations; and ``(D) maintains significant local community engagement and outreach programs related to coral reef ecosystems. ``(c) Unobligated Amounts.--Any amounts available for reef research coordination institutes under this section that are not obligated by the National Oceanic and Atmospheric Administration shall be transferred to the Coral Reef Stewardship Fund established under section 209. ``SEC. 215. REPORTS ON ADMINISTRATION. ``Not later than 3 years after the date of the enactment of the Restoring Resilient Reefs Act of 2021, and every 2 years thereafter, the Administrator shall submit to the appropriate congressional committees, the Committee on Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives a report on the administration of this title during the 2-year period preceding submission of the report, including-- ``(1) a description of all activities undertaken to implement the most recent national coral reef resilience strategy under section 204; ``(2) a statement of all funds obligated under the authorities of this title; and ``(3) a summary, disaggregated by State, of Federal and non-Federal contributions toward the costs of each project or activity funded, in full or in part, under the authorities of this title. ``SEC. 216. CORAL REEF PRIZE COMPETITIONS. ``(a) In General.--The head of any Federal agency with a representative serving on the United States Coral Reef Task Force established by Executive Order 13089 (16 U.S.C. 6401 note; relating to coral reef protection), may, individually or in cooperation with one or more agencies, carry out a program to award prizes competitively under section 24 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3719). ``(b) Purposes.--Any program carried out under this section shall be for the purpose of stimulating innovation to advance the ability of the United States to understand, research, or monitor coral reef ecosystems, or to develop management or adaptation options to preserve, sustain, and restore coral reef ecosystems. ``(c) Priority Programs.--Priority shall be given to establishing programs under this section that address communities, environments, or industries that are in distress as a result of the decline or degradation of coral reef ecosystems, including-- ``(1) scientific research and monitoring that furthers the understanding of causes behind coral reef decline and degradation and the generally slow recovery following disturbances, including ocean acidification, temperature- related bleaching, disease, and their associated impacts on coral physiology; ``(2) the development of monitoring or management options for communities or industries that are experiencing significant financial hardship; ``(3) the development of adaptation options to alleviate economic harm and job loss caused by damage to coral reef ecosystems; ``(4) the development of measures to help vulnerable communities or industries, with an emphasis on rural communities and businesses; and ``(5) the development of adaptation and management options for impacted tourism industries.''; (3) in section 217, as redesignated by paragraph (1)-- (A) in subsection (c), by striking ``section 204'' and inserting ``section 213''; (B) in subsection (d), by striking ``under section 207'' and inserting ``authorized under this title''; and (C) by adding at the end the following: ``(e) Block Grants.--There is authorized to be appropriated to the Administrator $10,000,000 for each of fiscal years 2022 through 2026 to carry out section 207. ``(f) Cooperative Agreements.--There is authorized to be appropriated to the Administrator $10,000,000 for each of fiscal years 2022 through 2026 to carry out section 208. ``(g) Non-Federal Coral Reef Research.--There is authorized to be appropriated to the Administrator $4,500,000 for each of fiscal years 2022 through 2026 for agreements with the reef research coordination institutes designated under section 214.''; and (4) by amending section 218, as redesignated by paragraph (1), to read as follows: ``SEC. 218. DEFINITIONS. ``In this title: ``(1) Administrator.--The term `Administrator' means the Administrator of the National Oceanic and Atmospheric Administration. ``(2) Alaska native corporation.--The term `Alaska Native Corporation' has the meaning given the term `Native Corporation' in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602). ``(3) Appropriate congressional committees.--The term `appropriate congressional committees' means the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources of the House of Representatives. ``(4) Conservation.--The term `conservation' means the use of methods and procedures necessary to preserve or sustain native corals and associated species as diverse, viable, and self-perpetuating coral reef ecosystems with minimal impacts from invasive species, including-- ``(A) all activities associated with resource management, such as monitoring, assessment, protection, restoration, sustainable use, management of habitat, and maintenance or augmentation of genetic diversity; ``(B) mapping; ``(C) scientific expertise and technical assistance in the development and implementation of management strategies for marine protected areas and marine resources consistent with the National Marine Sanctuaries Act (16 U.S.C. 1431 et seq.) and the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.); ``(D) law enforcement; ``(E) conflict resolution initiatives; ``(F) community outreach and education; and ``(G) promotion of safe and ecologically sound navigation and anchoring. ``(5) Coral.--The term `coral' means species of the phylum Cnidaria, including-- ``(A) all species of the orders Antipatharia (black corals), Scleractinia (stony corals), Alcyonacea (soft corals, organ pipe corals, gorgonians), and Helioporacea (blue coral), of the class Anthozoa; and ``(B) all species of the order Anthoathecata (fire corals and other hydrocorals) of the class Hydrozoa. ``(6) Coral products.--The term `coral products' means any living or dead specimens, parts, or derivatives, or any product containing specimens, parts, or derivatives, of any species referred to in paragraph (5). ``(7) Coral reef.--The term `coral reef' means calcium carbonate structures in the form of a reef or shoal, composed in whole or in part by living coral, skeletal remains of coral, crustose coralline algae, and other associated sessile marine plants and animals. ``(8) Coral reef ecosystem.--The term `coral reef ecosystem' means-- ``(A) corals and other geographically and ecologically associated marine communities of other reef organisms (including reef plants and animals) associated with coral reef habitat; and ``(B) the biotic and abiotic factors and processes that control or affect coral calcification rates, tissue growth, reproduction, recruitment, abundance, coral-algal symbiosis, and biodiversity in such habitat. ``(9) Covered native entity.--The term `covered Native entity' means a Native entity of a covered State with interests in a coral reef ecosystem. ``(10) Covered reef manager.--The term `covered reef manager' means-- ``(A) a management unit of a covered State with jurisdiction over a coral reef ecosystem; ``(B) a covered State; or ``(C) a coral reef stewardship partnership under section 206(d). ``(11) Covered state.--The term `covered State' means Florida, Hawaii, and the territories of American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, Puerto Rico, and the United States Virgin Islands. ``(12) Federal reef manager.-- ``(A) In general.--The term `Federal reef manager' means-- ``(i) a management unit of a Federal agency specified in subparagraph (B) with lead management jurisdiction over a coral reef ecosystem; or ``(ii) a coral reef stewardship partnership under section 206(c). ``(B) Federal agencies specified.--A Federal agency specified in this subparagraph is one of the following: ``(i) The National Oceanic and Atmospheric Administration. ``(ii) The National Park Service. ``(iii) The United States Fish and Wildlife Service. ``(iv) The Office of Insular Affairs. ``(13) Institution of higher education.--The term `institution of higher education' has the meaning given that term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). ``(14) Interested stakeholder groups.--The term `interested stakeholder groups' includes community members such as businesses, commercial and recreational fishermen, other recreationalists, covered Native entities, Federal, State, and local government units with related jurisdiction, institutions of higher education, and nongovernmental organizations. ``(15) Native entity.--The term `Native entity' means any of the following: ``(A) An Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)). ``(B) An Alaska Native Corporation. ``(C) The Department of Hawaiian Home Lands. ``(D) The Office of Hawaiian Affairs. ``(E) A Native Hawaiian organization (as defined in section 6207 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7517)). ``(16) Nonprofit organization.--The term `nonprofit organization' means any corporation, trust, association, cooperative, or other organization, not including an institutions of higher education, that-- ``(A) is operated primarily for scientific, educational, service, charitable, or similar purposes in the public interest; ``(B) is not organized primarily for profit; and ``(C) uses net proceeds to maintain, improve, or expand the operations of the organization. ``(17) Restoration.--The term `restoration' means the use of methods and procedures necessary to enhance, rehabilitate, recreate, or create a functioning coral reef or coral reef ecosystem, in whole or in part, within suitable waters of the historical geographic range of such ecosystems, to provide ecological, economic, cultural, or coastal resiliency services associated with healthy coral reefs and benefit native populations of coral reef organisms. ``(18) Resilience.--The term `resilience' means the capacity for corals within their native range, coral reefs, or coral reef ecosystems to resist and recover from natural and human disturbances, and maintain structure and function to provide ecosystem services, as determined by clearly identifiable, measurable, and science-based standards. ``(19) Secretary.--The term `Secretary' means the Secretary of Commerce. ``(20) State.--The term `State' means-- ``(A) any State of the United States that contains a coral reef ecosystem within its seaward boundaries; ``(B) American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, Puerto Rico, or the United States Virgin Islands; or ``(C) any other territory or possession of the United States or separate sovereign in free association with the United States that contains a coral reef ecosystem within its seaward boundaries. ``(21) Stewardship.--The term `stewardship', with respect to a coral reef, includes conservation, restoration, and public outreach and education. ``(22) Task force.--The term `Task Force' means the United States Coral Reef Task Force established under section 201 of the Restoring Resilient Reefs Act of 2021.''. (b) Conforming Amendment to National Oceans and Coastal Security Act.--Section 905(a) of the National Oceans and Coastal Security Act (16 U.S.C. 7504(a)) is amended by striking ``and coastal infrastructure'' and inserting ``, coastal infrastructure, and ecosystem services provided by natural systems such as coral reefs''. TITLE II--UNITED STATES CORAL REEF TASK FORCE SEC. 201. ESTABLISHMENT. There is established a task force to lead, coordinate, and strengthen Federal Government actions to better preserve, conserve, and restore coral reef ecosystems, to be known as the ``United States Coral Reef Task Force'' (in this title referred to as the ``Task Force''). SEC. 202. DUTIES. The duties of the Task Force shall be-- (1) to coordinate, in cooperation with covered States, covered Native entities, Federal reef managers, covered reef managers, coral reef research centers designated under section 214(b) of the Coral Reef Conservation Act of 2000 (as amended by section 101), and other nongovernmental and academic partners as appropriate, activities regarding the mapping, monitoring, research, conservation, mitigation, and restoration of coral reefs and coral reef ecosystems; (2) to monitor and advise regarding implementation of the policy and Federal agency responsibilities set forth in-- (A) Executive Order 13089 (63 Fed. Reg. 32701; relating to coral reef protection); and (B) the national coral reef resilience strategy developed under section 204 of the Coral Reef Conservation Act of 2000, as amended by section 101; (3) to work with the Secretary of State and the Administrator of the United States Agency for International Development, and in coordination with the other members of the Task Force-- (A) to assess the United States role in international trade and protection of coral species; (B) to encourage implementation of appropriate strategies and actions to promote conservation and sustainable use of coral reef resources worldwide; and (C) to collaborate with international communities successful in managing coral reefs; (4) to provide technical assistance for the development and implementation, as appropriate, of-- (A) the national coral reef resilience strategy under section 204 of the Coral Reef Conservation Act of 2000, as amended by section 101; and (B) coral reef action plans under section 205 of that Act; and (5) to produce a report each year, for submission to the appropriate congressional committees and publication on a publicly available internet website of the Task Force, highlighting the status of the coral reef equities of a covered State on a rotating basis, including-- (A) a summary of recent coral reef management and restoration activities undertaken in that State; and (B) updated estimates of the direct and indirect economic activity supported by, and other benefits associated with, those coral reef equities. SEC. 203. MEMBERSHIP. (a) Voting Membership.--The Task Force shall have the following voting members: (1) The Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration, and the Secretary of the Interior, who shall be co-chairpersons of the Task Force. (2) The Administrator of the United States Agency for International Development. (3) The Secretary of Agriculture. (4) The Secretary of Defense. (5) The Secretary of the Army, acting through the Assistant Secretary of the Army for Civil Works. (6) The Secretary of Homeland Security, acting through the Administrator of the Federal Emergency Management Agency. (7) The Commandant of the Coast Guard. (8) The Attorney General. (9) The Secretary of State. (10) The Secretary of Transportation. (11) The Administrator of the Environmental Protection Agency. (12) The Administrator of the National Aeronautics and Space Administration. (13) The Director of the National Science Foundation. (14) The Governor, or a representative of the Governor, of each covered State. (b) Nonvoting Members.--The Task Force shall have the following nonvoting members: (1) A member of the South Atlantic Fishery Management Council who is designated by the Governor of Florida under section 302(b)(1) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1852(b)(1)). (2) A member of the Gulf of Mexico Fishery Management Council who is designated by the Governor of Florida under such section. (3) A member of the Western Pacific Fishery Management Council who is designated under such section and selected as follows: (A) For the period beginning on the date of the enactment of this Act and ending on December 31 of the calendar year during which such date of enactment occurs, the member shall be selected jointly by the governors of Hawaii, American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands. (B) For each calendar year thereafter, the governors of Hawaii, American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands shall, on a rotating basis, take turns selecting the member. (4) A member of the Caribbean Fishery Management Council who is designated under such section and selected as follows: (A) For the period beginning on the date of the enactment of this Act and ending on December 31 of the calendar year during which such date of enactment occurs, the member shall be selected jointly by the governors of Puerto Rico and the United States Virgin Islands. (B) For each calendar year thereafter, the governors of Puerto Rico and the United States Virgin Islands shall, on an alternating basis, take turns selecting the member. (5) A member appointed by the President of the Federated States of Micronesia. (6) A member appointed by the President of the Republic of the Marshall Islands. (7) A member appointed by the President of the Republic of Palau. SEC. 204. RESPONSIBILITIES OF FEDERAL AGENCY MEMBERS. (a) In General.--A member of the Task Force specified in paragraphs (1) through (14) of section 203(a) shall-- (1) identify the actions of the agency that member represents that may affect coral reef ecosystems; (2) utilize the programs and authorities of that agency to protect and enhance the conditions of such ecosystems, including through the promotion of basic and applied scientific research; (3) collaborate with the Task Force to appropriately reflect budgetary needs for coral reef conservation and restoration activities in all agency budget planning and justification documents and processes; and (4) engage in any other coordinated efforts approved by the Task Force. (b) Co-chairpersons.--In addition to their responsibilities under subsection (a), the co-chairpersons of the Task Force shall administer performance of the functions of the Task Force and facilitate the coordination of the members of the Task Force specified in paragraphs (1) through (14) of section 203(a). SEC. 205. WORKING GROUPS. (a) In General.--The co-chairpersons of the Task Force may establish working groups as necessary to meet the goals and carry out the duties of the Task Force. (b) Requests From Members.--The members of the Task Force may request that the co-chairpersons establish a working group under subsection (a). (c) Participation by Nongovernmental Organizations.--The co- chairpersons may allow nongovernmental organizations as appropriate, including academic institutions, conservation groups, and commercial and recreational fishing associations, to participate in a working group established under subsection (a). (d) Nonapplicability of Federal Advisory Committee Act.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to working groups established under this section. SEC. 206. DEFINITIONS. In this title: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources of the House of Representatives. (2) Conservation, coral, coral reef, etc.--The terms ``conservation'', ``coral'', ``coral reef'', ``coral reef ecosystem'', ``covered Native entity'', ``covered reef manager'', ``covered State'', ``Federal reef manager'', ``Native entity'', ``restoration'', ``resilience'', and ``State'' have the meanings given those terms in section 218 of the Coral Reef Conservation Act of 2000, as amended by section 101. TITLE III--DEPARTMENT OF THE INTERIOR CORAL REEF AUTHORITIES SEC. 301. CORAL REEF CONSERVATION AND RESTORATION ASSISTANCE. (a) In General.--The Secretary of the Interior may provide scientific expertise and technical assistance, and subject to the availability of appropriations, financial assistance for the conservation and restoration of coral reefs consistent with all applicable laws governing resource management in Federal, State, and Tribal waters, including-- (1) the national coral reef resilience strategy in effect under section 204 of the Coral Reef Conservation Act of 2000, as amended by section 101; and (2) coral reef action plans in effect under section 205 of that Act, as applicable. (b) Coral Reef Initiative.--The Secretary may establish a Coral Reef Initiative Program-- (1) to provide grant funding to support local management, conservation, and protection of coral reef ecosystems in-- (A) coastal areas of covered States; and (B) Freely Associated States; (2) to enhance resource availability of National Park Service and National Wildlife Refuge System management units to implement coral reef conservation and restoration activities; (3) to complement the other conservation and assistance activities conducted under this Act or the Coral Reef Conservation Act of 2000, as amended by section 101; and (4) to provide other technical, scientific, and financial assistance and conduct conservation and restoration activities that advance the purposes of this Act and the Coral Reef Conservation Act of 2000, as amended by section 101. (c) Consultation With the Department of Commerce.-- (1) Coral reef conservation and restoration activities.-- The Secretary of the Interior may consult with the Secretary of Commerce regarding the conduct of any activities to conserve and restore coral reefs and coral reef ecosystems in waters managed under the jurisdiction of the Federal agencies specified in paragraphs (2) and (3) of section 203(c) of the Coral Reef Conservation Act of 2000, as amended by section 101. (2) Award of coral reef management fellowship.--The Secretary of the Interior shall consult with the Secretary of Commerce to award the Susan L. Williams Coral Reef Management Fellowship under title IV. (d) Cooperative Agreements.--Subject to the availability of appropriations, the Secretary of the Interior may enter into cooperative agreements with covered reef managers to fund coral reef conservation and restoration activities in waters managed under the jurisdiction of such managers that-- (1) are consistent with the national coral reef resilience strategy in effect under section 204 of the Coral Reef Conservation Act of 2000, as amended by section 101; and (2) support and enhance the success of coral reef action plans in effect under section 205 of that Act. (e) Definitions.--In this section: (1) Conservation, coral, coral reef, etc.--The terms ``conservation'', ``coral reef'', ``covered reef manager'', ``covered State'', ``restoration'', and ``State'' have the meanings given those terms in section 218 of the Coral Reef Conservation Act of 2000, as amended by section 101. (2) Tribe; tribal.--The terms ``Tribe'' and ``Tribal'' refer to Indian Tribes (as defined in section 102 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5130)). TITLE IV--SUSAN L. WILLIAMS NATIONAL CORAL REEF MANAGEMENT FELLOWSHIP SEC. 401. SHORT TITLE. This title may be cited as the ``Susan L. Williams National Coral Reef Management Fellowship Act of 2021''. SEC. 402. DEFINITIONS. In this title: (1) Alaska native corporation.--The term ``Alaska Native Corporation'' has the meaning given the term ``Native Corporation'' in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602). (2) Fellow.--The term ``fellow'' means a National Coral Reef Management Fellow. (3) Fellowship.--The term ``fellowship'' means the National Coral Reef Management Fellowship established in section 403. (4) Covered native entity.--The term ``covered Native entity'' means a Native entity of a covered State with interests in a coral reef ecosystem. (5) Covered state.--The term ``covered State'' means Florida, Hawaii, and the territories of American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, Puerto Rico, and the United States Virgin Islands. (6) Native entity.--The term ``Native entity'' means any of the following: (A) An Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)). (B) An Alaska Native Corporation. (C) The Department of Hawaiian Home Lands. (D) The Office of Hawaiian Affairs. (E) A Native Hawaiian organization (as defined in section 6207 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7517)). (7) Secretary.--The term ``Secretary'' means the Secretary of Commerce. SEC. 403. ESTABLISHMENT OF FELLOWSHIP PROGRAM. (a) In General.--There is established a National Coral Reef Management Fellowship Program. (b) Purposes.--The purposes of the fellowship are-- (1) to encourage future leaders of the United States to develop additional coral reef management capacity in States and local communities with coral reefs; (2) to provide management agencies of covered States or covered Native entities with highly qualified candidates whose education and work experience meet the specific needs of each covered State or covered Native entity; and (3) to provide fellows with professional experience in management of coastal and coral reef resources. SEC. 404. FELLOWSHIP AWARDS. (a) In General.--The Secretary, in partnership with the Secretary of the Interior, shall award the fellowship in accordance with this section. (b) Term of Fellowship.--A fellowship awarded under this section shall be for a term of not more than 24 months. (c) Qualifications.--The Secretary shall award the fellowship to individuals who have demonstrated-- (1) an intent to pursue a career in marine services and outstanding potential for such a career; (2) leadership potential, actual leadership experience, or both; (3) a college or graduate degree in biological science, a resource management college or graduate degree with experience that correlates with aptitude and interest for marine management, or both; (4) proficient writing and speaking skills; and (5) such other attributes as the Secretary considers appropriate. SEC. 405. MATCHING REQUIREMENT. (a) In General.--Except as provided in subsection (b), the non- Federal share of the costs of a fellowship under this section shall be 25 percent of such costs. (b) Waiver of Requirements.--The Secretary may waive the application of subsection (a) if the Secretary finds that such waiver is necessary to support a project that the Secretary has identified as a high priority. Calendar No. 223 117th CONGRESS 1st Session S. 46 _______________________________________________________________________

Restoring Resilient Reefs Act of 2021

A bill to reauthorize the Coral Reef Conservation Act of 2000 and to establish the United States Coral Reef Task Force, and for other purposes.

Restoring Resilient Reefs Act of 2021 Susan L. Williams National Coral Reef Management Fellowship Act of 2021 Restoring Resilient Reefs Act of 2021 Susan L. Williams National Coral Reef Management Fellowship Act of 2021

Sen. Rubio, Marco

R

FL

H.R.7001

Government Operations and Politics

FEMA Intermittent Personnel Employment and Reemployment Rights Act of 2022 This bill makes employment protections under the Uniformed Services Employment and Reemployment Rights Act (USERRA) applicable to Federal Emergency Management Agency (FEMA) reservists who deploy to major disaster and emergency sites. It allows such reservists to claim such rights under USERRA even if they do not provide notice of their absence from work due to deployment.

To amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to provide certain employment rights to reservists of the Federal Emergency Management Agency, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``FEMA Intermittent Personnel Employment and Reemployment Rights Act of 2022''. SEC. 2. PERSONNEL PERFORMING SERVICE RESPONDING TO PRESIDENTIALLY DECLARED MAJOR DISASTERS AND EMERGENCIES. Section 306 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5149) is amended by adding at the end the following: ``(d) Personnel Performing Service Responding to Disasters and Emergencies.-- ``(1) USERRA employment and reemployment rights.--The protections, rights, benefits, and obligations provided under chapter 43 of title 38, United States Code, shall apply to intermittent personnel appointed pursuant to subsection (b)(1) to perform service to the Federal Emergency Management Agency under sections 401 and 501 or to train for such service. ``(2) Notice of absence from position of employment.-- Preclusion of giving notice of service by necessity of service under subsection (b)(1) to perform service to the Federal Emergency Management Agency under sections 401 and 501 or to train for such service shall be considered preclusion by `military necessity' for purposes of section 4312(b) of title 38, United States Code, pertaining to giving notice of absence from a position of employment. A determination of such necessity shall be made by the Administrator and shall not be subject to review in any judicial or administrative proceeding.''. SEC. 3. EXTENSION OF CERTAIN EMPLOYMENT AND REEMPLOYMENT RIGHTS TO FEMA RESERVISTS. (a) In General.--Section 4303 of title 38, United States Code, is amended-- (1) in paragraph (13), by inserting before ``, and a period'' the following: ``, a period for which a person is absent from a position of employment due to an appointment into service in the Federal Emergency Management Agency as intermittent personnel under section 306(b)(1) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5149(b)(1))''; (2) by redesignating the second paragraph (16) (relating to uniformed services) as paragraph (17); and (3) in paragraph (17), as so redesignated, by inserting before ``and any other category'' the following: ``intermittent personnel who are appointed into Federal Emergency Management Agency service under section 306(b)(1) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5149(b)(1)) or to train for such service,''. (b) Modification of Exception for Requirement for Members of Uniformed Services To Provide Notice to Employers To Obtain Certain Employment and Reemployment Rights.--Section 4312(b) of title 38, United States Code, is amended-- (1) by striking the second sentence; (2) by inserting ``(1)'' before ``No notice''; and (3) by adding at the end the following new paragraph: ``(2) A determination of military necessity for purposes of paragraph (1) shall be made-- ``(A) except as provided in subparagraphs (B) and (C), pursuant to regulations prescribed by the Secretary of Defense; ``(B) for persons performing service to the Federal Emergency Management Agency under section 327 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5165f) and as intermittent personnel under section 306(b)(1) of such Act (42 U.S.C. 5149(b)(1)), by the Administrator of the Federal Emergency Management Agency as described in sections 327(j)(2) and 306(d)(2) of such Act (42 U.S.C. 5165f(j)(2) and 5149(d)(2)), respectively; or ``(C) for intermittent disaster-response appointees of the National Disaster Medical System, by the Secretary of Health and Human Services as described in section 2812(d)(3)(B) of the Public Health Service Act (42 U.S.C. 300hh-11(d)(3)(B)). ``(3) A determination of military necessity under paragraph (1) shall not be subject to judicial review.''. <all>

FEMA Intermittent Personnel Employment and Reemployment Rights Act of 2022

To amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to provide certain employment rights to reservists of the Federal Emergency Management Agency, and for other purposes.

FEMA Intermittent Personnel Employment and Reemployment Rights Act of 2022

Rep. Titus, Dina

D

NV

S.3226

Agriculture and Food

More Options to Develop and Enhance Remote Nutrition in WIC Act of 2021 or the MODERN WIC Act of 2021 This bill makes various changes to allow individuals to remotely certify their eligibility for, and receive benefits through, the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC). The Department of Agriculture must also report to Congress about the use of remote technologies and other tools in the WIC program.

To amend the Child Nutrition Act of 1966 to permit video or telephone certifications under the special supplemental nutrition program for women, infants, and children, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``More Options to Develop and Enhance Remote Nutrition in WIC Act of 2021'' or the ``MODERN WIC Act of 2021''. SEC. 2. PRESENCE AT CERTIFICATION. (a) In General.--Section 17(d)(3)(C) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(d)(3)(C)) is amended-- (1) in the subparagraph heading, by striking ``Physical presence'' and inserting ``Presence''; (2) in clause (i), by striking ``physically present at each certification or recertification determination'' and inserting ``present at each certification or recertification, either in person or through video technology permitting 2-way, real-time interactive communications,''; and (3) in clause (ii)-- (A) in subclause (I), in the matter preceding item (aa), by striking ``an infant or child'' and inserting ``any eligible individual''; (B) by redesignating subclauses (I) through (III) as subclauses (II) through (IV), respectively; and (C) by inserting before subclause (II) (as so redesignated) the following: ``(I) any eligible individual-- ``(aa) who completes the certification process through a telephone appointment or other remote technology; and ``(bb) for whom all necessary certification information is obtained not more than 90 days before or after the certification appointment;''. (b) Technical Amendment.--Section 17(d)(3) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(d)(3)) is amended by conforming the margin of subparagraph (B) to the margin of subparagraph (C). SEC. 3. REMOTE BENEFIT ISSUANCE. (a) In General.--Section 17(f)(6)(B) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(f)(6)(B)) is amended-- (1) in the third sentence-- (A) by striking ``vouchers by mail'' and inserting ``food instruments''; and (B) by striking ``The Secretary'' and inserting the following: ``(iii) Disapproval of state plan.--The Secretary''; (2) in the second sentence-- (A) by striking ``vouchers by mail in its plan'' and inserting ``food instruments by mail, remote issuance, or other means in the State plan''; and (B) by striking ``The State'' and inserting the following: ``(ii) State plan.--The State''; and (3) by striking ``(B) State agencies'' and all that follows through ``to obtain vouchers.'' and inserting the following: ``(B) Delivery of vouchers.-- ``(i) In general.--State agencies may provide for the delivery of food instruments, including electronic benefit transfer cards, to any participant through means that do not require the participant to travel to the local agency to obtain food instruments, such as through mailing or remote issuance.''. (b) Regulations.--The Secretary shall revise section 246.12(r) of title 7, Code of Federal Regulations, by striking paragraph (4). SEC. 4. ANNUAL INVESTMENT IN WIC TECHNOLOGIES. Section 17(h) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(h)) is amended-- (1) in paragraph (2)(B)-- (A) by striking clause (ii); and (B) by striking the subparagraph designation and all that follows through ``clause (ii) and'' and inserting the following: ``(B) Allocation for nutrition services and administration.--Except as provided in''; and (2) in paragraph (10)-- (A) in subparagraph (A), by striking ``2010 through 2015'' and inserting ``2023 through 2028''; and (B) in subparagraph (B), by striking clause (ii) and inserting the following: ``(ii) $60,000,000 shall be used to establish, develop, improve, replace, or administer technology platforms, including management information systems, that enhance program services, access to the program, or redemption of benefits, of which up to $5,000,000 may be used for Federal administrative costs; and''. SEC. 5. REPORT TO CONGRESS. (a) In General.--Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Education and Labor of the House of Representatives a report on the use of remote technologies under the special supplemental nutrition program for women, infants, and children established by section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786) (referred to in this section as the ``program''). (b) Content of Report.--The report submitted under subsection (a) shall include a description of-- (1) the use of remote technologies and other digital tools, including video, telephone, and online platforms-- (A) to certify eligible individuals for program services; and (B) to provide nutrition education and breastfeeding support to program participants; (2) the impact of remote technologies, including video, telephone, and online platforms, on certifications, appointments, and participant satisfaction under the program; and (3) best practices-- (A) to certify program participants for program services using remote technologies; (B) to incorporate the use of digital tools into the program certification process; (C) to integrate nutrition education and breastfeeding support services for program participants into remote technologies and platforms; and (D) to securely manage program participant data. <all>

MODERN WIC Act of 2021

A bill to amend the Child Nutrition Act of 1966 to permit video or telephone certifications under the special supplemental nutrition program for women, infants, and children, and for other purposes.

MODERN WIC Act of 2021 More Options to Develop and Enhance Remote Nutrition in WIC Act of 2021

Sen. Gillibrand, Kirsten E.

D

NY

H.R.4276

Immigration

Hong Kong People's Freedom and Choice Act of 2021 This bill provides for temporary protected status (TPS) for qualifying Hong Kong residents and contains other immigration-related provisions. Hong Kong shall be treated as a TPS-designated territory for 18 months starting from this bill's enactment. (Qualifying nationals of a TPS-designated territory or country may not be removed from the United States and shall have employment authorization while the designation is in effect.) Furthermore, Hong Kong shall be treated as separate from China for the purposes of various numerical limitations on immigrant visas. (In the treaty that transferred sovereignty of Hong Kong to China, China pledged that Hong Kong "will enjoy a high degree of autonomy.") The bill also establishes Priority Hong Kong Resident status for qualified individuals. To obtain such status, an individual must meet certain requirements, such as having resided in Hong Kong for at least ten years as of the day of this bill's enactment and not having citizenship in any jurisdiction other than China, Hong Kong, or Macau. For seeking refugee status or asylum, a Priority Hong Kong Resident may establish a well-founded fear of persecution based on various factors, such as fear based on the individual's significant role in certain protests against China's encroachment into Hong Kong's autonomy. The Department of Homeland Security (DHS) or the Department of State may provide special immigrant status to an eligible Priority Hong Kong Resident with a bachelor's or graduate degree if DHS determines that doing so would provide a significant benefit to the United States.

To provide for temporary protected status for residents of Hong Kong, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Hong Kong People's Freedom and Choice Act of 2021''. SEC. 2. DEFINITIONS. For purposes of this Act: (1) Joint declaration.--The term ``Joint Declaration'' means the Joint Declaration of the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the People's Republic of China on the Question of Hong Kong, signed on December 19, 1984, and entered into force on May 27, 1985. (2) Priority hong kong resident.--The term ``Priority Hong Kong resident'' means-- (A) a permanent resident of Hong Kong who-- (i) holds no right to citizenship in any country or jurisdiction other than the People's Republic of China (referred to in this Act as ``PRC''), Hong Kong, or Macau as of the date of enactment of this Act; (ii) has resided in Hong Kong for not less than the last 10 years as of the date of enactment of this Act; and (iii) has been designated by the Secretary of State or Secretary of Homeland Security as having met the requirements of this subparagraph, in accordance with the procedures described in section 7 of this Act; or (B) the spouse of a person described in subparagraph (A), or the child of such person as such term is defined in section 101(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1101(b)(1)), except that a child shall be an unmarried person under twenty-seven years of age. (3) Hong kong national security law.--The term ``Hong Kong National Security Law'' means the Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region that was passed unanimously by the National People's Congress and signed by President Xi Jinping on June 30, 2020, and promulgated in the Hong Kong Special Administrative Region (referred to in this Act as ``Hong Kong SAR'') on July 1, 2020. (4) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Affairs and the Committee on the Judiciary of the House of Representatives; and (B) the Committee on Foreign Relations and the Committee on the Judiciary of the Senate. SEC. 3. FINDINGS. Congress finds the following: (1) The Hong Kong National Security Law promulgated on July 1, 2020-- (A) contravenes the Basic Law of the Hong Kong Special Administrative Region (referred to in this Act as ``the Basic Law'') that provides in Article 23 that the Legislative Council of Hong Kong shall enact legislation related to national security; (B) violates the PRC's commitments under international law, as defined by the Joint Declaration; and (C) causes severe and irreparable damage to the ``one country, two systems'' principle and further erodes global confidence in the PRC's commitment to international law. (2) On July 14, 2020, in response to the promulgation of the Hong Kong National Security Law, President Trump signed an Executive order on Hong Kong normalization that, among other policy actions, suspended the special treatment of Hong Kong persons under U.S. law with respect to the issuance of immigrant and nonimmigrant visas. (3) The United States has a long and proud history as a destination for refugees and asylees fleeing persecution based on race, religion, nationality, political opinion, or membership in a particular social group. (4) The United States also shares deep social, cultural, and economic ties with the people of Hong Kong, including a shared commitment to democracy, to the rule of law, and to the protection of human rights. (5) The United States has sheltered, protected, and welcomed individuals who have fled authoritarian regimes, including citizens from the PRC following the violent June 4, 1989, crackdown in Tiananmen Square, deepening ties between the people of the United States and those individuals seeking to contribute to a free, open society founded on democracy, human rights, and the respect for the rule of law. (6) The United States has reaped enormous economic, cultural, and strategic benefits from welcoming successive generations of scientists, doctors, entrepreneurs, artists, intellectuals, and other freedom-loving people fleeing fascism, communism, violent Islamist extremism, and other repressive ideologies, including in the cases of Nazi Germany, the Soviet Union, and Soviet-controlled Central Europe, Cuba, Vietnam, and Iran. (7) A major asymmetric advantage of the United States in its long-term strategic competition with the Communist Party of China is the ability of people from every country in the world, irrespective of their race, ethnicity, or religion, to immigrate to the United States and become American citizens. SEC. 4. STATEMENT OF POLICY. It is the policy of the United States-- (1) to reaffirm the principles and objectives set forth in the United States-Hong Kong Policy Act of 1992 (Public Law 102- 383), namely that-- (A) the United States has ``a strong interest in the continued vitality, prosperity, and stability of Hong Kong''; (B) ``support for democratization is a fundamental principle of United States foreign policy'' and therefore ``naturally applies to United States policy toward Hong Kong''; (C) ``the human rights of the people of Hong Kong are of great importance to the United States and are directly relevant to United States interests in Hong Kong and serve as a basis for Hong Kong's continued economic prosperity''; and (D) Hong Kong must remain sufficiently autonomous from the PRC to ``justify treatment under a particular law of the United States, or any provision thereof, different from that accorded the People's Republic of China''; (2) to continue to support the high degree of autonomy and fundamental rights and freedoms of the people of Hong Kong, as enumerated by-- (A) the Joint Declaration; (B) the International Covenant on Civil and Political Rights, done at New York December 19, 1966; and (C) the Universal Declaration of Human Rights, done at Paris December 10, 1948; (3) to continue to support the democratic aspirations of the people of Hong Kong, including the ``ultimate aim'' of the selection of the Chief Executive and all members of the Legislative Council by universal suffrage, as articulated in the Basic Law; (4) to urge the Government of the PRC, despite its recent actions, to uphold its commitments to Hong Kong, including allowing the people of Hong Kong to govern Hong Kong with a high degree of autonomy and without undue interference, and ensuring that Hong Kong voters freely enjoy the right to elect the Chief Executive and all members of the Hong Kong Legislative Council by universal suffrage; (5) to support the establishment of a genuine democratic option to freely and fairly nominate and elect the Chief Executive of Hong Kong, and the establishment of open and direct democratic elections for all members of the Hong Kong Legislative Council; (6) to support the robust exercise by residents of Hong Kong of the rights to free speech, the press, and other fundamental freedoms, as provided by the Basic Law, the Joint Declaration, and the International Covenant on Civil and Political Rights; (7) to support freedom from arbitrary or unlawful arrest, detention, or imprisonment for all Hong Kong residents, as provided by the Basic Law, the Joint Declaration, and the International Covenant on Civil and Political Rights; (8) to draw international attention to any violations by the Government of the PRC of the fundamental rights of the people of Hong Kong, as provided by the International Covenant on Civil and Political Rights, and any encroachment upon the autonomy guaranteed to Hong Kong by the Basic Law and the Joint Declaration; (9) to protect United States citizens and long-term permanent residents living in Hong Kong, as well as people visiting and transiting through Hong Kong; (10) to maintain the economic and cultural ties that provide significant benefits to both the United States and Hong Kong, including the reinstatement of the Fulbright exchange program with regard to Hong Kong at the earliest opportunity; (11) to coordinate with allies, including the United Kingdom, Australia, Canada, Japan, and the Republic of Korea, to promote democracy and human rights in Hong Kong; and (12) to welcome and protect in the United States residents of Hong Kong fleeing persecution or otherwise seeking a safe haven from violations by the Government of the PRC of the fundamental rights of the people of Hong Kong. SEC. 5. TEMPORARY PROTECTED STATUS FOR HONG KONG RESIDENTS IN THE UNITED STATES. (a) Designation.-- (1) In general.--For purposes of section 244 of the Immigration and Nationality Act (8 U.S.C. 1254a), Hong Kong shall be treated as if it had been designated under subsection (b)(1)(C) of that section, subject to the provisions of this section. (2) Period of designation.--The initial period of the designation referred to in paragraph (1) shall be for the 18- month period beginning on the date of enactment of this Act. (b) Aliens Eligible.--As a result of the designation made under subsection (a), an alien is deemed to satisfy the requirements under paragraph (1) of section 244(c) of the Immigration and Nationality Act (8 U.S.C. 1254a(c)), subject to paragraph (3) of such section, if the alien-- (1) was a permanent resident of Hong Kong at the time such individual arrived into the United States and is a national of the PRC (or in the case of an individual having no nationality, is a person who last habitually resided in Hong Kong); (2) has been continuously physically present in the United States since the date of the enactment of this Act; (3) is admissible as an immigrant, except as otherwise provided in paragraph (2)(A) of such section, and is not ineligible for temporary protected status under paragraph (2)(B) of such section; and (4) registers for temporary protected status in a manner established by the Secretary of Homeland Security. (c) Consent To Travel Abroad.-- (1) In general.--The Secretary of Homeland Security shall give prior consent to travel abroad, in accordance with section 244(f)(3) of the Immigration and Nationality Act (8 U.S.C. 1254a(f)(3)), to an alien who is granted temporary protected status pursuant to the designation made under subsection (a) if the alien establishes to the satisfaction of the Secretary of Homeland Security that emergency and extenuating circumstances beyond the control of the alien require the alien to depart for a brief, temporary trip abroad. (2) Treatment upon return.--An alien returning to the United States in accordance with an authorization described in paragraph (1) shall be treated as any other returning alien provided temporary protected status under section 244 of the Immigration and Nationality Act (8 U.S.C. 1254a). (d) Fee.-- (1) In general.--In addition to any other fee authorized by law, the Secretary of Homeland Security is authorized to charge and collect a fee of $360 for each application for temporary protected status under section 244 of the Immigration and Nationality Act by a person who is only eligible for such status by reason of subsection (a). (2) Waiver.--The Secretary of Homeland Security shall permit aliens to apply for a waiver of any fees associated with filing an application referred to in paragraph (1). SEC. 6. TREATMENT OF HONG KONG RESIDENTS FOR IMMIGRATION PURPOSES. Notwithstanding any other provision of law, during the 5 fiscal year period beginning on the first day of the first full fiscal year after the date of enactment of this Act, Hong Kong shall continue to be considered a foreign state separate and apart from the PRC as mandated under section 103 of the Immigration and Nationality Act of 1990 (Public Law 101-649) for purposes of the numerical limitations on immigrant visas under sections 201, 202, and 203 of the Immigration and Nationality Act (8 U.S.C. 1151, 1152, and 1153). SEC. 7. VERIFICATION OF HONG KONG PRIORITY RESIDENTS. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Secretary of Homeland Security, shall publish in the Federal Register, an interim final rule establishing procedures for designation of Hong Kong Priority Residents. Notwithstanding section 553 of title 5, United States Code, the rule shall be effective, on an interim basis, immediately upon publication, but may be subject to change and revision after public notice and opportunity for comment. The Secretary of State shall finalize such rule not later than 1 year after the date of the enactment of this Act. Such rule shall establish procedures-- (1) for individuals to register with any United States embassy or consulate outside of the United States, or with the Department of Homeland Security in the United States, and request designation as a Priority Hong Kong Resident; and (2) for the appropriate Secretary to verify the residency of registered individuals and designate those who qualify as Priority Hong Kong Residents. (b) Documentation.--The procedures described in subsection (a) shall include the collection of-- (1) biometric data; (2) copies of birth certificates, residency cards, and other documentation establishing residency; and (3) other personal information, data, and records deemed appropriate by the Secretary. (c) Guidance.--Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall issue guidance outlining actions to enhance the ability of the Secretary to efficiently send and receive information to and from the United Kingdom and other like-minded allies and partners for purposes of rapid verification of permanent residency in Hong Kong and designation of individuals as Priority Hong Kong Residents. (d) Report.--Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall submit a report to the House Committees on Foreign Affairs and the Judiciary and the Senate Committees on Foreign Relations and the Judiciary detailing plans to implement the requirements described in this subsection. (e) Protection for Refugees.--Nothing in this section shall be construed to prevent a Priority Hong Kong Resident from seeking refugee status under section 207 of the Immigration and Nationality Act (8 U.S.C. 1157) or requesting asylum under section 208 of such Act (8 U.S.C. 1158). SEC. 8. REPORTING REQUIREMENTS. (a) In General.--On an annual basis, the Secretary of State and the Secretary of Homeland Security, in consultation with other Federal agencies, as appropriate, shall submit a report to the appropriate congressional committees, detailing for the previous fiscal year-- (1) the number of Hong Kong SAR residents who have applied for U.S. visas or immigration benefits, disaggregated by visa type or immigration benefit, including asylum, refugee status, temporary protected status, and lawful permanent residence; (2) the number of approvals, denials, or rejections of applicants for visas or immigration benefits described in paragraph (1), disaggregated by visa type or immigration benefit and basis for denial; (3) the number of pending refugee and asylum applications for Hong Kong SAR residents, and the length of time and reason for which such applications have been pending; and (4) other matters deemed relevant by the Secretaries relating to efforts to protect and facilitate the resettlement of refugees and victims of persecution in Hong Kong. (b) Form.--Each report under subsection (a) shall be submitted in unclassified form and published on a text-searchable, publicly available website of the Department of State and the Department of Homeland Security. SEC. 9. STRATEGY FOR INTERNATIONAL COOPERATION ON HONG KONG. (a) In General.--It is the policy of the United States-- (1) to support the people of Hong Kong by providing safe haven to Hong Kong SAR residents who are nationals of the PRC following the enactment of the Hong Kong National Security Law that places certain Hong Kong persons at risk of persecution; and (2) to encourage like-minded nations to make similar accommodations for Hong Kong people fleeing persecution by the Government of the PRC. (b) Plan.--The Secretary of State, in consultation with the heads of other Federal agencies, as appropriate, shall develop a plan to engage with other nations, including the United Kingdom, on cooperative efforts to-- (1) provide refugee and asylum protections for victims of, and individuals with a fear of, persecution in Hong Kong, either by Hong Kong authorities or other authorities acting on behalf of the PRC; (2) enhance protocols to facilitate the resettlement of refugees and displaced persons from Hong Kong; (3) identify and prevent the exploitation of immigration and visa policies and procedures by corrupt officials; and (4) expedite the sharing of information, as appropriate, related to the refusal of individual applications for visas or other travel documents submitted by residents of the Hong Kong SAR based on-- (A) national security or related grounds under section 212(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)); or (B) fraud or misrepresentation under section 212(a)(6)(C) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(6)(C)). (c) Report.--Not later than 90 days after the date of the enactment of this Act, the Secretary of State, in consultation with the heads of other Federal agencies, as appropriate, shall submit a report on the plan described in subsection (b) to the appropriate congressional committees. SEC. 10. REFUGEE STATUS FOR CERTAIN RESIDENTS OF HONG KONG. (a) In General.--Aliens described in subsection (b) may establish, for purposes of admission as a refugee under sections 207 of the Immigration and Nationality Act (8 U.S.C. 1157) or asylum under section 208 of such Act (8 U.S.C. 1158), that such alien has a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion by asserting such a fear and a credible basis for concern about the possibility of such persecution. (b) Aliens Described.-- (1) In general.--An alien is described in this subsection if such alien-- (A) is a Priority Hong Kong Resident and-- (i) had a significant role in a civil society organization supportive of the protests in 2019 and 2020 related to the Hong Kong National Security Law and the encroachment on the autonomy of Hong Kong by the PRC; (ii) was arrested, charged, detained, or convicted of an offense arising from their participation in an action as described in section 206(b)(2) of the United States-Hong Kong Policy Act of 1992 (22 U.S.C. 5726(b)(2)) that was not violent in nature; or (iii) has had their citizenship, nationality, or residency revoked for having submitted to any United States Government agency a nonfrivolous application for refugee status, asylum, or any other immigration benefit under the immigration laws (as defined in section 101(a) of that Act (8 U.S.C. 1101(a))); (B) is a Priority Hong Kong Resident spouse or child of an alien described in subparagraph (A); or (C) is the parent of an alien described in subparagraph (A), if such parent is a citizen of the PRC and no other foreign state. (2) Other categories.--The Secretary of Homeland Security, in consultation with the Secretary of State, may designate other categories of aliens for purposes of establishing a well- founded fear of persecution under subsection (a) if such aliens share common characteristics that identify them as targets of persecution in the PRC on account of race, religion, nationality, membership in a particular social group, or political opinion. (3) Significant role.--For purposes of clause (i) of subsection (b)(1)(A), a significant role shall include, with respect to the protests described in such clause-- (A) an organizing role; (B) a first aid responder; (C) a journalist or member of the media covering or offering public commentary; (D) a provider of legal services to one or more individuals arrested for participating in such protests; or (E) a participant who during the period beginning on June 9, 2019, and ending on June 30, 2020, was arrested, charged, detained, or convicted as a result of such participation. (c) Age Out Protections.--For purposes of this section, a determination of whether an alien is a child shall be made using the age of the alien on the date an application for refugee or asylum status, in which the alien is a named beneficiary, is filed with the Secretary of Homeland Security. (d) Exclusion From Numerical Limitations.--Aliens provided refugee status under this section shall not be counted against the numerical limitation on refugees established in accordance with the procedures described in section 207 of the Immigration and Nationality Act (8 U.S.C. 1157). (e) Reporting Requirements.-- (1) In general.--Not later than 90 days after the date of the enactment of this Act, and every 90 days thereafter, the Secretary of State and the Secretary of Homeland Security shall submit a report on the matters described in paragraph (2) to-- (A) the Committee on the Judiciary and the Committee on Foreign Relations of the Senate; and (B) the Committee on the Judiciary and the Committee on Foreign Affairs of the House of Representatives. (2) Matters to be included.--Each report required by paragraph (1) shall include, with respect to applications submitted under this section-- (A) the total number of refugee and asylum applications that are pending at the end of the reporting period; (B) the average wait-times for all applicants for refugee status or asylum pending-- (i) a prescreening interview with a resettlement support center; (ii) an interview with U.S. Citizenship and Immigration Services; and (iii) the completion of security checks; (C) the number of approvals, referrals including the source of the referral, denials of applications for refugee status or asylum, disaggregated by the reason for each such denial; and (D) the number of refugee circuit rides to interview populations that would include Hong Kong SAR completed in the last 90 days, and the number planned for the subsequent 90-day period. (3) Form.--Each report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex. (4) Public reports.--The Secretary of State shall make each report submitted under this subsection available to the public on the internet website of the Department of State. SEC. 11. ADMISSION FOR CERTAIN HIGHLY SKILLED HONG KONG RESIDENTS. (a) In General.--Subject to subsection (c), the Secretary of Homeland Security, or, notwithstanding any other provision of law, the Secretary of State in consultation with the Secretary of Homeland Security, may provide an alien described in subsection (b) with the status of a special immigrant under section 101(a)(27) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)), if the alien-- (1) or an agent acting on behalf of the alien, submits a petition for classification under section 203(b)(4) of such Act (8 U.S.C. 1153(b)(4)); (2) is otherwise eligible to receive an immigrant visa; (3) is otherwise admissible to the United States for permanent residence (excluding the grounds for inadmissibility specified in section 212(a)(4) of such Act (8 U.S.C. (a)(4))); and (4) clears a background check and appropriate screening, as determined by the Secretary of Homeland Security. (b) Aliens Described.-- (1) Principal aliens.--An alien is described in this subsection if-- (A) the alien-- (i) is a Hong Kong Priority Resident; and (ii) has earned a bachelor's or higher degree from an institution of higher education; and (B) the Secretary of Homeland Security determines that such alien's relocation to the United States would provide a significant benefit to the United States. (2) Spouses and children.--An alien is described in this subsection if the alien is the spouse or child of a principal alien described in paragraph (1). (c) Numerical Limitations.-- (1) In general.--The total number of principal aliens who may be provided special immigrant status under this section may not exceed 5,000 per year for each of the 5 fiscal years beginning after the date of the enactment of this Act. The Secretary of Homeland Security may, in consultation with the Secretary of State, prioritize the issuance of visas to individuals with a bachelor's or higher degree in science, technology, engineering, mathematics, medicine, health care, or medicine. (2) Exclusion from numerical limitations.--Aliens provided immigrant status under this section shall not be counted against any numerical limitation under section 201, 202, 203, or 207 of the Immigration and Nationality Act (8 U.S.C. 1151, 1153, and 1157). (d) Eligibility for Admission Under Other Classification.--No alien shall be denied the opportunity to apply for admission under this section solely because such alien qualifies as an immediate relative or is eligible for any other immigrant classification. (e) Timeline for Processing Applications.-- (1) In general.--The Secretary of State and the Secretary of Homeland Security shall ensure that all steps under the control of the United States Government incidental to the approval of such applications, including required screenings and background checks, are completed not later than 2 years after the date on which an eligible applicant submits an application under subsection (a). (2) Exception.--Notwithstanding paragraph (1), the relevant Federal agencies may take additional time to process applications described in paragraph (1) if satisfaction of national security concerns requires such additional time, provided that the Secretary of Homeland Security, or the designee of the Secretary, has determined that the applicant meets the requirements for status as a special immigrant under this section and has so notified the applicant. SEC. 12. TERMINATION. Except as provided in section 6 of this Act, this Act shall cease to have effect on the date that is 5 years after the date of the enactment of this Act. <all>

Hong Kong People’s Freedom and Choice Act of 2021

To provide for temporary protected status for residents of Hong Kong, and for other purposes.

Hong Kong People’s Freedom and Choice Act of 2021

Rep. Malinowski, Tom

D

NJ

S.4825

Crime and Law Enforcement

Safe Passage on Interstates Act This bill establishes new federal criminal offenses for conduct involving the obstruction of interstate highways.

To criminalize the intentional obstruction of roadways on the Interstate System. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Safe Passage on Interstates Act''. SEC. 2. OBSTRUCTION OF INTERSTATE HIGHWAYS. (a) In General.--Chapter 65 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 1370. Obstruction of interstate highways ``(a) Definition.--In this section, the term `interstate highway' means a highway on the Interstate System (as defined in section 101(a) of title 23). ``(b) Offense.-- ``(1) In general.--It shall be unlawful to knowingly engage in an activity described in paragraph (2) on an interstate highway with the intent to obstruct the free, convenient, and normal use of the interstate highway. ``(2) Activities described.--The activities described in this paragraph are-- ``(A) deliberately delaying traffic on an interstate highway; ``(B) standing or approaching a motor vehicle on an interstate highway; or ``(C) endangering the safe movement of a motor vehicle on an interstate highway. ``(3) Exception.--Paragraph (1) shall not apply to any lawful activity conducted or authorized by the United States, a State, or a political subdivision of a State. ``(c) Penalties.-- ``(1) In general.--Any person who violates subsection (b) shall be fined not more than $10,000, imprisoned for not more than 15 years, or both. ``(2) Obstruction of emergency vehicle.--Any person who, in the course of violating subsection (b), knowingly obstructs the passage of an authorized emergency vehicle (as defined in section 1001.4 of title 36, Code of Federal Regulations, or any successor regulation) shall be fined not more than $15,000, imprisoned for not more than 20 years, or both. ``(3) Violation resulting in death.--Any person who commits a violation of subsection (b) that results in the death of any other person shall be fined not more than the applicable amount under paragraph (1) or (2) of this subsection, imprisoned for any term of years or for life, or both.''. (b) Technical and Conforming Amendment.--The table of sections for chapter 65 of title 18, United States Code, is amended by adding at the end the following: ``1370. Obstruction of interstate highways.''. <all>

Safe Passage on Interstates Act

A bill to criminalize the intentional obstruction of roadways on the Interstate System.

Safe Passage on Interstates Act

Sen. Rubio, Marco

R

FL

S.976

Armed Forces and National Security

Caring for Survivors Act of 2021 This bill increases the monthly rate of dependency and indemnity compensation payable to surviving spouses through the Department of Veterans Affairs. The bill also adjusts the amount payable to surviving spouses and children of veterans who were rated as totally disabled for a period of less than 10 years before their death.

To amend title 38, United States Code, to improve and to expand eligibility for dependency and indemnity compensation paid to certain survivors of certain veterans, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Caring for Survivors Act of 2021''. SEC. 2. INCREASE IN AMOUNT OF DEPENDENCY AND INDEMNITY COMPENSATION FOR SURVIVING SPOUSES. (a) Increase.--Section 1311(a) of title 38, United States Code, is amended in paragraph (1), by striking ``of $1,154'' and inserting ``equal to 55 percent of the rate of monthly compensation in effect under section 1114(j) of this title''. (b) Effective Date.-- (1) In general.--Except as provided by paragraph (2), the amendments made by subsection (a) shall apply with respect to compensation paid under chapter 13 of title 38, United States Code, for months beginning after the date that is six months after the date of the enactment of this Act. (2) Special rule for certain individuals.-- (A) In general.--For months beginning after the date that is six months after the date of the enactment of this Act, the Secretary of Veterans Affairs shall pay to an individual described in subparagraph (B) dependents and survivors income security benefit under section 1311 of title 38, United States Code, in the monthly amount that is the greater of the following: (i) The amount determined under subsection (a)(3) of such section 1311, as in effect on the day before the date of the enactment of this Act. (ii) The amount determined under subsection (a)(1) of such section 1311, as amended by subsection (a). (B) Individuals described.--An individual described in this subparagraph is an individual eligible for dependents and survivors income security benefit under section 1311 of title 38, United States Code, that is predicated on the death of a veteran before January 1, 1993. SEC. 3. MODIFICATION OF REQUIREMENTS FOR DEPENDENCY AND INDEMNITY COMPENSATION FOR SURVIVORS OF CERTAIN VETERANS RATED TOTALLY DISABLED AT TIME OF DEATH. Section 1318 of title 38, United States Code, is amended-- (1) in subsection (a)-- (A) by striking ``The Secretary'' and inserting ``(1) Except as provided in paragraph (2), the Secretary''; and (B) by adding at the end the following new paragraph: ``(2) In any case in which the Secretary makes a payment under paragraph (1) of this subsection by reason of subsection (b)(1) and the period of continuous rating immediately preceding death is less than 10 years, the amount payable under paragraph (1) of this subsection shall be an amount that bears the same relationship to the amount otherwise payable under such paragraph as the duration of such period bears to 10 years.''; and (2) in subsection (b)(1), by striking ``10 or more years'' and inserting ``five or more years''. <all>

Caring for Survivors Act of 2021

A bill to amend title 38, United States Code, to improve and to expand eligibility for dependency and indemnity compensation paid to certain survivors of certain veterans, and for other purposes.

Caring for Survivors Act of 2021

Sen. Tester, Jon

D

MT

H.R.6589

Public Lands and Natural Resources

Historic Preservation Enhancement Act This bill provides increased funding for and makes permanent the Historic Preservation Fund. This fund supports grants for states, tribes, localities, and nonprofits to carry out historic preservation activities. Any amounts deposited in the fund shall be made available for expenditure without further congressional appropriation. The President shall submit to Congress program allocations made available from the fund as part of the President's annual budget.

To amend title 54, United States Code, to increase amounts deposited in the Historic Preservation 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 ``Historic Preservation Enhancement Act''. SEC. 2. AMENDMENTS TO HISTORIC PRESERVATION FUND PROVISIONS. (a) Funding.--Section 303102 of title 54, United States Code, is amended-- (1) by striking ``For each'' and inserting ``(a) In General.-- For each''; (2) by striking ``of fiscal years 2012 to 2023'' and inserting ``fiscal year,''; (3) by striking ``$150,000,000'' and inserting ``$300,000,000''; and (4) by adding at the end the following: ``(b) Deposits.--Should revenues described in subsection (a) be insufficient to deposit in the Historic Preservation Fund the amount described in such subsection, the difference shall be deposited from amounts in the General Treasury.''. (b) Use and Availability.--Section 303103 of title 54, United States Code, is amended to read as follows: ``Sec. 303103. Use and availability ``(a) In General.--Any amounts deposited in the Historic Preservation Fund under section 303102 for fiscal year 2022 and each fiscal year thereafter shall be made available for expenditure for fiscal year 2023 and each fiscal year thereafter, without further appropriation or fiscal year limitation, to carry out this division (including programs made available from the Historic Preservation Fund). ``(b) Allocation Authority.-- ``(1) Submission of cost estimates.--The President shall submit to Congress detailed program allocations of the full amount made available under subsection (a)-- ``(A) for fiscal year 2023, not later than 90 days after the date of the enactment of the Historic Preservation Enhancement Act; and ``(B) for each fiscal year thereafter, as part of the annual budget submission of the President. ``(2) Alternate allocation.-- ``(A) In general.--Appropriations Acts may provide for alternate allocation of amounts made available under subsection (a), including allocations by program. ``(B) Allocation by president.-- ``(i) No alternate allocations.--If Congress has not enacted legislation establishing alternate allocations by the date on which the Act making full-year appropriations for the Department of the Interior, Environment, and Related Agencies for the applicable fiscal year is enacted into law, amounts made available under subsection (a) shall be allocated by the President. ``(ii) Insufficient alternate allocation.-- If Congress enacts legislation establishing alternate allocations for amounts made available under subsection (a) that are less than the full amount appropriated under such subsection, the difference between the amount appropriated and the alternate allocation shall be allocated by the President. ``(3) Annual report.--The President shall submit to Congress an annual report that describes the final allocation by program and project of amounts made available under subsection (a), including a description of the status of obligations and expenditures.''. <all>

Historic Preservation Enhancement Act

To amend title 54, United States Code, to increase amounts deposited in the Historic Preservation Fund, and for other purposes.

Historic Preservation Enhancement Act

Rep. Leger Fernandez, Teresa

D

NM

H.R.906

Transportation and Public Works

This bill prohibits the Federal Aviation Administration from setting a requirement that air carriers and foreign air carriers must require a passenger to test negative for COVID-19 (i.e., coronavirus disease 2019) to travel domestically on such carriers.

To prohibit the Secretary of Transportation, acting through the Administrator of the Federal Aviation Administration, from setting a requirement that air carriers and foreign air carriers must require an individual to test negative for COVID-19 to travel in air transportation on an air carrier, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. PROHIBITION ON REQUIRING COVID-19 TESTING TO FLY. The Secretary of Transportation, acting through the Administrator of the Federal Aviation Administration, may not set a requirement that air carriers and foreign air carriers must require an individual to test negative for COVID-19 to travel in air transportation on an air carrier departing from an airport in the United States or a territory of the United States and landing at another airport in the United States or a territory of the United States. <all>

To prohibit the Secretary of Transportation, acting through the Administrator of the Federal Aviation Administration, from setting a requirement that air carriers and foreign air carriers must require an individual to test negative for COVID-19 to travel in air transportation on an air carrier, and for other purposes.

To prohibit the Secretary of Transportation, acting through the Administrator of the Federal Aviation Administration, from setting a requirement that air carriers and foreign air carriers must require an individual to test negative for COVID-19 to travel in air transportation on an air carrier, and for other purposes.

Official Titles - House of Representatives Official Title as Introduced To prohibit the Secretary of Transportation, acting through the Administrator of the Federal Aviation Administration, from setting a requirement that air carriers and foreign air carriers must require an individual to test negative for COVID-19 to travel in air transportation on an air carrier, and for other purposes.

Rep. Biggs, Andy

R

AZ

H.R.9662

Transportation and Public Works

Aviation Workforce, Opportunity, Recruiting, Knowledge, and Supply Act or the Aviation WORKS Act This bill extends through FY2028 and expands aviation workforce development programs of the Department of Transportation (DOT). Specifically, the bill directs DOT to establish an aviation manufacturing development grant program to develop the aviation manufacturing and supplier workforce. It also requires DOT to develop and support the education of workers who design or produce any aircraft, aircraft engine, propeller, or appliance, or a component, part, or system thereof, that (1) is produced under a production approval issued by the Federal Aviation Administration (FAA), (2) has been issued a design approval by the FAA, or (3) has an active application for a design approval. Additionally, DOT must establish a program to provide grants for eligible projects to plan, establish, and expand workforce development partnership programs in the aviation and aerospace industry sector.

To amend the FAA Reauthorization Act of 2018 to extend the existing aviation workforce development programs and provide grants to develop aviation manufacturing and supplier workforce, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Aviation Workforce, Opportunity, Recruiting, Knowledge, and Supply Act'' or the ``Aviation WORKS Act''. SEC. 2. EXTENSION AND EXPANSION OF AVIATION WORKFORCE DEVELOPMENT PROGRAMS. Section 625 of the FAA Reauthorization Act of 2018 (49 U.S.C. 40101 note) is amended-- (1) in subsection (a)-- (A) in paragraph (1), by striking ``and'' at the end; (B) in paragraph (2), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following new paragraphs: ``(3) a program to provide grants for eligible projects-- ``(A) to develop the aviation manufacturing and supplier workforce; or ``(B) to develop and support the education of workers who design or produce any aircraft, aircraft engine, propeller, or appliance, or a component, part, or system thereof, that-- ``(i) is produced under a production approval issued by the Federal Aviation Administration; ``(ii) has been issued a design approval by the Federal Aviation Administration; or ``(iii) has an active application for a design approval; and ``(4) a program to provide grants for eligible projects to plan, establish, and expand workforce development partnership programs in the aviation and aerospace industry sector.''; (2) in subsection (b)-- (A) by redesignating paragraph (2) as paragraph (3); and (B) by inserting after paragraph (1) the following new paragraph: ``(2) Subsequent funding.--There is authorized to be appropriated-- ``(A) $20,000,000 for each of fiscal years 2024 through 2028 to provide grants under the program established under subsection (a)(1); ``(B) $20,000,000 for each of fiscal years 2024 through 2028 to provide grants under the program established under subsection (a)(2); ``(C) $20,000,000 for each of fiscal years 2024 through 2028 to provide grants under the program established under subsection (a)(3); and ``(D) $20,000,000 for each of fiscal years 2024 through 2028 to provide grants under the program established under subsection (a)(4).''; (3) in subsection (c), by adding at the end the following new paragraphs: ``(3) An application for a grant under the program established under subsection (a)(3) shall be submitted, in such form as the Secretary may specify, by-- ``(A) an aviation company that actively designs or produces any aircraft, aircraft engine, propeller, or appliance, or a component, part, or system thereof, covered under Federal Aviation Administration design approval or application for design approval-- ``(i) that-- ``(I) operates a SAE AS9100- certified process related to the design, development, or provision of an aviation product or service, including a part, component or assembly; ``(II) holds or operates under a type or production certificate under section 44704 of title 49, United States Code, or similar authorization; or ``(III) has an active type certificate application accepted by the Federal Aviation Administration; or ``(ii) which-- ``(I) is established, created, or organized in the United States or under the laws of the United States; and ``(II) has significant operations in the United States, and a majority of its employees engaged in aviation manufacturing or development activities and services, or aviation maintenance, repair, or overhaul activities and services based in the United States; or ``(B) an accredited institution of higher education (as such term is defined in paragraph (1)(B)) or a high school or a secondary school (as such terms are defined in such paragraph) that has or is working to establish an aviation manufacturing program. ``(4) An application for a grant under the program established under subsection (a)(4) shall-- ``(A) be submitted, in such form as the Secretary may specify, by a partnership that-- ``(i) is an industry or sector partnership (as such term is defined in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102)), or is in the process of establishing an industry or sector partnership; ``(ii) includes an air carrier (as such term is defined in paragraph (1)(A)), a flight school described in paragraph (1)(C), a holder of a certificate described in paragraph (2)(A), or an aviation company described in paragraph (3)(A); ``(iii) is comprised of multiple employers from the aviation and aerospace industry; ``(iv) may include not more than 1 entity that is a previous recipient of grant funding from any program established under paragraphs (1) through (3) of subsection (a), but such entity may not serve as a fiscal agent (as described in subparagraph (B)); and ``(v) does not include an entity that is a current recipient of grant funding from any program established under paragraphs (1) through (3) of subsection (a), unless the application demonstrates that any grant funding currently received by the entity would expire or otherwise cease prior to the receipt of the grant funding under paragraph (4) of subsection (a); ``(B) designate a partner from within the partnership, or an intermediary which may be a State or local workforce board or an accredited institution of higher education (as such term is defined in paragraph (1)(B)), to serve as the fiscal agent for the grant; and ``(C) instruct the fiscal agent designated under subparagraph (B) to, as appropriate-- ``(i) receive funds; ``(ii) ensure sustained fiscal integrity and accountability for expenditures of funds in accordance with Federal Aviation Administration regulations; ``(iii) respond to audit financial findings; ``(iv) maintain proper accounting records and documentation; and ``(v) prepare financial reports.''; (4) in subsection (d)-- (A) in paragraph (2), in the matter preceding subparagraph (A), by striking ``pilot''; and (B) by adding at the end the following new paragraphs: ``(3) For purposes of the program established under subsection (a)(3), an eligible project is a project-- ``(A) to establish or support educational programs that teach technical skills used in aviation manufacturing, including the production of components, parts, or systems thereof for inclusion in an aircraft, aircraft engine, propeller, or appliance; ``(B) to establish scholarships, internships, or apprenticeships for individuals pursuing employment in the aviation manufacturing industry; ``(C) to support outreach about careers in the aviation manufacturing industry to-- ``(i) primary, secondary, and post- secondary school students; or ``(ii) to communities underrepresented in the industry; ``(D) to support educational opportunities related to aviation manufacturing in economically disadvantaged geographic areas; ``(E) to support transition to careers in aviation manufacturing, including for members of the Armed Forces; or ``(F) to otherwise enhance aviation manufacturing technical education or the aviation manufacturing industry workforce. ``(4) For purposes of the program established under subsection (a)(4), an eligible project is a project-- ``(A) to carry out planning and partner development activities, which may include-- ``(i) convening key stakeholders as identified in the application process to establish or expand educational programs that teach technical skills used in pilot training, aviation maintenance, or aviation manufacturing; ``(ii) conducting outreach to local businesses and business associations, including activities to increase marketing and activity visibility within the community; ``(iii) conducting an evaluation of workforce needs in the local area; ``(iv) conducting survey and planning activities for partnership-related infrastructure needs; or ``(v) recruiting veterans of military service and individuals with barriers to employment; ``(B) to provide career services as described in section 134(c)(2)(A) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3174(c)(2)(A)); ``(C) to provide training services as described in section 134(c)(3)(D) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3174(c)(3)(D)); or ``(D) to provide services to support the success and retention of individuals who are participating in any training program established under subsection (a)(4).''; and (5) in subsection (e)-- (A) in paragraph (1), by striking ``and'' at the end; (B) in paragraph (2)-- (i) by striking ``subsection (a)(1)'' and inserting ``paragraph (1) or (2) of subsection (a)''; and (ii) by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following new paragraph: ``(3) ensure that the applications selected for projects established under subsection (a)(4) will allow participation from major and regional air carriers and a diverse collection of industry partners.''. <all>

Aviation WORKS Act

To amend the FAA Reauthorization Act of 2018 to extend the existing aviation workforce development programs and provide grants to develop aviation manufacturing and supplier workforce, and for other purposes.

Aviation WORKS Act Aviation Workforce, Opportunity, Recruiting, Knowledge, and Supply Act

Rep. Larsen, Rick

D

WA

S.4999

Transportation and Public Works

Puerto Rico Recovery Act This bill requires the U.S. Coast Guard to provide temporary exemptions from certain Jones Act restrictions to vessels providing relief to Puerto Rico for areas affected by Hurricane Fiona. The Jones Act requires that vessels transporting merchandise or passengers between Puerto Rico and other U.S. ports be built in the United States, be at least 75% owned by U.S. citizens , and be mostly crewed by U.S. Citizens. The exemptions are valid for one year or until the end of the major disaster declaration of September 22, 2022, for Puerto Rico, whichever comes first.

To provide exemptions from certain Jones Act restrictions to vessels providing disaster relief to Puerto Rico for the areas affected by Hurricane Fiona. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Puerto Rico Recovery Act''. SEC. 2. TEMPORARY EXEMPTIONS FROM JONES ACT RESTRICTIONS FOR VESSELS PROVIDING HURRICANE RELIEF TO PUERTO RICO. (a) Temporary Exemption for Puerto Rican Hurricane Relief.-- (1) In general.--Notwithstanding sections 12112, 12103, and 55102 of title 46, United States Code, the Secretary of the department in which the Coast Guard is operating (referred to in this section as ``the Secretary'') shall exempt a vessel from the requirements of such sections if the Secretary determines that the owner or operator of the vessel has reasonably demonstrated that the exemption is needed to provide disaster relief to Puerto Rico for areas affected by Hurricane Fiona. (2) Process.-- (A) Request.--An owner or operator of a vessel may request an exemption under paragraph (1), and the Secretary shall approve or deny the request by not later than 72 hours after the request is made. (B) Public denial statement.--In any case where the Secretary denies an exemption request under subparagraph (A), the Secretary shall promptly provide a public, detailed statement regarding the reasoning and analysis for the denial. (C) Deemed approval.--If the Secretary does not approve or deny a request according to the terms of subparagraph (A), the request shall be deemed to be approved. (b) Period of Exemption.--An exemption approved under subsection (a) shall be valid until the earlier of-- (1) the date that is 1 year after the date on which the exemption was approved; or (2) the date on which the major disaster declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121) on September 22, 2022 expires. (c) Applicability.--This section, and any exemption issued under this section, shall cease to have effect on the date described in subsection (b)(2). <all>

Puerto Rico Recovery Act

A bill to provide exemptions from certain Jones Act restrictions to vessels providing disaster relief to Puerto Rico for the areas affected by Hurricane Fiona.

Puerto Rico Recovery Act

Sen. Lee, Mike

R

UT

H.R.6454

Commerce

Small Business Advocacy Improvements Act of 2022 This bill expands the primary functions and additional duties of the Office of Advocacy of the Small Business Administration to include (1) examining the role of small businesses in the international economy, and (2) representing the views and interests of small businesses before foreign governments and international entities to contribute to regulatory and trade initiatives that may affect small businesses.

To clarify the primary functions and duties of the Office of Advocacy of the Small Business Administration, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Advocacy Improvements Act of 2022''. SEC. 2. AMENDMENT TO PRIMARY FUNCTIONS AND DUTIES OF THE OFFICE OF ADVOCACY OF THE SMALL BUSINESS ADMINISTRATION. (a) Primary Functions.--Section 202 of Public Law 94-305 (15 U.S.C. 634b) is amended-- (1) in paragraph (1), by inserting ``and the international economy'' after ``economy''; (2) in paragraph (9), by striking ``complete'' and inserting ``compete''; and (3) in paragraph (12), by striking ``serviced-disabled'' and inserting ``service-disabled''. (b) Duties.--Section 203(a) of Public Law 94-305 (15 U.S.C. 634c) is amended-- (1) in paragraph (5), by striking ``and'' at the end; (2) in paragraph (6), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(7) represent the views and interests of small businesses before foreign governments and international entities for the purpose of contributing to regulatory and trade initiatives which may affect small businesses.''. Passed the House of Representatives April 26, 2022. Attest: CHERYL L. JOHNSON, Clerk.

Small Business Advocacy Improvements Act of 2022

To clarify the primary functions and duties of the Office of Advocacy of the Small Business Administration, and for other purposes.

Small Business Advocacy Improvements Act of 2022 Small Business Advocacy Improvements Act of 2022 Small Business Advocacy Improvements Act of 2022

Rep. Luetkemeyer, Blaine

R

MO

S.3641

Labor and Employment

Part-Time Worker Bill of Rights Act This bill modifies various employment, leave, and pension rules with respect to part-time workers. Specifically, the bill removes the requirement that employees work a minimum number of hours during the preceding 12-month period before becoming eligible for family and medical leave. The bill also sets the maximum length of service on which employers may condition the eligibility of part-time employees for a qualified pension plan (e.g., 401(k) retirement plan). Except as required by an applicable collective bargaining agreement, such service requirement may be no longer than two consecutive 12-month periods of at least 500 hours of service for part-time employees who have reached the age of 21 by the end of such period. The bill further prohibits employers of more than 15 employees from setting disparate terms of employment or working conditions for part-time employees, including with respect to compensation, notice of work hours, and promotion opportunities. Additionally, the bill requires such employers to offer available, qualified part-time employees additional work hours before hiring new employees for such hours. Among other enforcement methods, employers must maintain three years of records for offers of additional hours and employee responses to such offers. The bill also provides a private right of action for employees to enforce the nondiscrimination requirements of this bill.

To extend protections to part-time workers in the areas of family and medical leave and pension plans, and to ensure equitable treatment in the workplace. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Part-Time Worker Bill of Rights Act''. SEC. 2. TABLE OF CONTENTS. The table of contents is as follows: Sec. 1. Short title. Sec. 2. Table of contents. TITLE I--EXPANDING ACCESS TO BENEFITS FOR PART-TIME WORKERS Sec. 101. Elimination of hours of service requirement for FMLA leave. Sec. 102. Improving coverage for long-term part-time workers. TITLE II--ENSURING FAIR TREATMENT FOR PART-TIME WORKERS Sec. 201. Definitions. Sec. 202. Elimination of discrimination on the basis of hours worked. Sec. 203. Offer of work to existing employees. Sec. 204. Prohibited acts. Sec. 205. Remedies and enforcement. Sec. 206. Regulations. TITLE I--EXPANDING ACCESS TO BENEFITS FOR PART-TIME WORKERS SEC. 101. ELIMINATION OF HOURS OF SERVICE REQUIREMENT FOR FMLA LEAVE. (a) Amendment.--Section 101(2)(A) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611(2)(A)) is amended to read as follows: ``(A) In general.--The term `eligible employee' means an employee who has been employed for at least 12 months by the employer with respect to whom leave is requested under section 102.''. (b) Conforming Amendments.-- (1) Section 101(2) of such Act (29 U.S.C. 2611(2)) is amended-- (A) by striking subparagraphs (C) and (D); and (B) by redesignating subparagraph (E) as subparagraph (C). (2) Section 102(a) of such Act (29 U.S.C. 2612(a)) is amended by striking paragraph (5). (c) Effective Date.--The amendments made by subsections (a) and (b) shall take effect beginning on the date that is 1 year after the date of enactment of this Act. SEC. 102. IMPROVING COVERAGE FOR LONG-TERM PART-TIME WORKERS. (a) In General.--Section 202 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1052) is amended by adding at the end the following new subsection: ``(c) Special Rule for Certain Part-Time Employees.-- ``(1) In general.--A pension plan that includes either a qualified cash or deferred arrangement (as defined in section 401(k) of the Internal Revenue Code of 1986) or a salary reduction agreement (as described in section 403(b) of such Code) shall not require, as a condition of participation in the arrangement or agreement, that an employee complete a period of service with the employer (or employers) maintaining the plan extending beyond the close of the earlier of-- ``(A) the period permitted under subsection (a)(1) (determined without regard to subparagraph (B)(i) thereof) and section 410(a)(1) of such Code (determined without regard to subparagraph (B)(i) thereof); or ``(B) the first 24-month period-- ``(i) consisting of 2 consecutive 12-month periods during each of which the employee has at least 500 hours of service; and ``(ii) by the close of which the employee has attained the age of 21. ``(2) Exception.--Paragraph (1)(B) shall not apply to employees who are included in a unit of employees covered by an agreement which the Secretary finds to be a collective bargaining agreement between employee representatives and 1 or more employers, if there is evidence that retirement benefits were the subject of good faith bargaining between such employee representatives and such employer or employers. ``(3) Coordination with other rules.--In the case of employees who are not highly compensated employees (within the meaning of section 414(q) of the Internal Revenue Code of 1986) and who are eligible to participate in the arrangement or agreement solely by reason of paragraph (1)(B): ``(A) Exclusions.--An employer may elect to exclude such employees from the determination of whether the plan that includes the arrangement or agreement satisfies the requirements of subsections (a)(4), (k)(3), (k)(12), (k)(13), (m)(2), (m)(11), and (m)(12) of section 401 of such Code, section 410(b) of such Code, and section 416 of such Code. If the employer so excludes such employees with respect to the requirements of any such provision, such employees shall be excluded with respect to the requirements of all such provisions. This subparagraph shall cease to apply to any employee as of the first plan year beginning after the plan year in which the employee completes 1 year of service (without regard to paragraph (1)(B) of this subsection). ``(B) Time of participation.--The rules of subsection (a)(4) and section 410(a)(4) of the Internal Revenue Code of 1986 shall apply to such employees. ``(4) 12-month period.--For purposes of this subsection, 12-month periods shall be determined in the same manner as under the last sentence of subsection (a)(3)(A), except that 12-month periods beginning before January 1, 2022, shall not be taken into account.''. (b) Vesting.--Section 203(b) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1053(b)) is amended by redesignating paragraph (4) as paragraph (5) and by inserting after paragraph (3) the following new paragraph: ``(4) Part-Time Employees.--For purposes of determining whether an employee who is eligible to participate in a qualified cash or deferred arrangement or a salary reduction agreement under a plan solely by reason of section 202(c)(1)(B) has a nonforfeitable right to employer contributions-- ``(A) except as provided in subparagraph (B), each 12-month period for which the employee has at least 500 hours of service shall be treated as a year of service; and ``(B) 12-month periods occurring before the 24-month period described in section 202(c)(1)(B) shall not be treated as years of service. For purposes of this paragraph, 12-month periods shall be determined in the same manner as under the last sentence of section 202(a)(3)(A), except that 12-month periods beginning before January 1, 2022, shall not be taken into account.''. (c) Penalty.--Section 502 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1132) is amended by adding at the end the following new subsection: ``(n) Requirements Relating to Part-Time Employees.--In the case of a plan that fails to permit participation as required by section 202(c), the Secretary may assess a civil penalty against the plan sponsor in an amount equal to $10,000 per year per employee to whom such failure relates. The Secretary may, in the Secretary's sole discretion, waive or reduce the penalty under this subsection if the Secretary determines that the plan sponsor acted reasonably and in good faith.''. TITLE II--ENSURING FAIR TREATMENT FOR PART-TIME WORKERS SEC. 201. DEFINITIONS. In this title: (1) Employ.--The term ``employ'' has the meaning given the term in section 3(g) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(g)). (2) Employee.--The term ``employee'' means an individual who is-- (A) an employee, as defined in section 3(e) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(e)), who is not covered under any of subparagraphs (B) through (G), except that a reference in such section to an employer shall be considered to be a reference to a person in commerce described in paragraph (3)(A); (B) a State employee described in section 304(a) of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e-16c(a)); (C) a covered employee, as defined in section 101 of the Congressional Accountability Act of 1995 (2 U.S.C. 1301), except that such term shall not include an applicant for employment; (D) a covered employee, as defined in section 411(c) of title 3, United States Code; (E) a Federal officer or employee covered under subchapter V of chapter 63 of title 5, United States Code; or (F) an employee of the Government Accountability Office. (3) Employer.--The term ``employer''-- (A)(i) means any person in commerce that-- (I) employs more than 15 employees described in paragraph (2)(A), which shall be calculated by including all employees described in paragraph (2)(A) performing work for compensation on a full-time, part-time, or temporary basis, except that if the number of such employees who perform work for such a person for compensation fluctuates, the number may be determined for a calendar year based upon the average number of such employees who performed work for the person for compensation during the preceding calendar year; or (II) is part of an integrated enterprise, chain of businesses, group of franchises associated with a franchisor, or network of franchises that, in the aggregate, employs more than 15 employees, calculated in accordance with subclause (I); (ii) includes-- (I) any person who acts, directly or indirectly, in the interest of such an employer to any of the employees (described in clause (i)) of such employer; and (II) any successor in interest of such an employer; and (iii) includes an agency described in subparagraph (A)(iii) of section 101(4) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611(4)), to which subparagraph (B) of such section shall apply; (B) is an entity employing a State employee described in section 304(a) of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e-16c(a)); (C) is an employing office, as defined in section 101 of the Congressional Accountability Act of 1995 (2 U.S.C. 1301); (D) is an employing office, as defined in section 411(c) of title 3, United States Code; (E) is an employing agency covered under subchapter V of chapter 63 of title 5, United States Code; or (F) is the Comptroller General of the United States. (4) Person.--The term ``person'', except as used with the term ``person in commerce'', has the meaning given the term in section 3(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(a)). (5) Person in commerce.-- (A) In general.--The term ``person in commerce'' means any person who is engaged in commerce, in any industry or activity affecting commerce, or in the production of goods for commerce. (B) Commerce.--In subparagraph (A), the term ``commerce'' includes government. (6) Secretary.--The term ``Secretary'' means the Secretary of Labor. SEC. 202. ELIMINATION OF DISCRIMINATION ON THE BASIS OF HOURS WORKED. (a) Rule.-- (1) In general.--An employer shall not discriminate against an employee on the basis that such employee is scheduled to work fewer hours per week, or is employed for a shorter expected duration, than another employee of the employer if the jobs of such employees require substantially equal skill, effort, responsibility, and duties and such jobs are performed under similar working conditions. (2) Examples.--Discrimination described in paragraph (1) shall include differential treatment with respect to-- (A) rate of compensation; (B) notice of, and input into, work hours; (C) eligibility to accrue, on a pro rata basis, employer-provided paid and unpaid time off and other benefits; (D) promotion opportunities; or (E) other terms, conditions, or privileges of employment. (b) Distinctions Permitted.--This section shall not be construed to prohibit differences in rate of compensation, or other conditions, terms, or privileges of employment, of employees of an employer for reasons other than the number of hours the employees are scheduled to work per week, or the expected duration of employment of the employees, including for reasons such as-- (1) the date on which the employees are hired; (2) a merit system; or (3) a system that measures earnings by quantity per hour or quality of production. SEC. 203. OFFER OF WORK TO EXISTING EMPLOYEES. (a) Written Statements Required.-- (1) In general.--Upon hiring an employee, an employer shall-- (A) obtain a written statement of the employee's desired number of weekly work hours and the days and times the employee is available to work; (B) notify the employee that this written statement may be modified in writing at any time during employment; and (C) specify the process to modify the written statement. (b) Offer of Desired Weekly Work Hours to Existing Employees.-- (1) In general.--Except as provided in paragraph (2), an employer shall schedule an employee of the employer to work the number of weekly hours identified by the employee as desired weekly hours in a written statement under subsection (a) prior to hiring any new employee from an external applicant pool, including hiring through the use of a temporary services or staffing agency, or contracting with a contractor or subcontractor, to work such hours. (2) Exceptions.--An employer may hire an individual as a new employee, or engage a contractor or subcontractor, to perform work for the employer if-- (A) the employer needs to fill hours for which no employees of the employer who have provided written statements under subsection (a) are available based on such written statements; (B) all employees of the employer who have provided written statements under subsection (a) lack, and cannot obtain with reasonable training, the qualifications necessary to perform the work; or (C) scheduling any such employee to perform the work would require providing such employee overtime compensation at a rate not less than one and one half times the regular rate at which the employee is employed, in accordance with section 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 207) or any State law. (c) Compensation Required.-- (1) In general.--Except as provided in paragraph (2), an employee (referred to in this subsection as an ``existing employee'') who is not scheduled for the desired number of total weekly work hours identified by the employee in a written statement under subsection (a) shall be compensated for each hour worked by a newly hired employee, contractor, or subcontractor hired after the existing employee so identified such number of hours, during an hour that such existing employee identified in a written statement under such subsection as an hour for which the employee is available to work. (2) Exception.--An employer shall not be required to compensate an existing employee under paragraph (1) for any hour of work for which-- (A) the employee lacks, or cannot obtain with reasonable training, the qualifications necessary to perform the work; (B) scheduling such employee to perform the work would require providing the employee overtime compensation as described in subsection (b)(2)(C); (C) the employer made a reasonable attempt to contact the employee to work such hour and was unable to reach the employee; or (D) the employee was otherwise no longer available. (d) Definition.--For purposes of this section, the terms ``written'', with respect to a statement, and ``writing'' mean a printed or printable communication in physical or electronic form. SEC. 204. PROHIBITED ACTS. (a) Interference With Rights.--It shall be unlawful for any employer to interfere with, restrain, or deny the exercise or the attempt to exercise, any rights set forth under this title. (b) Retaliation Prohibited.--It shall be unlawful for any employer to discharge, threaten to discharge, demote, suspend, reduce work hours of, or otherwise discriminate (including taking any other adverse employment action) against any person because of an employee of the employer exercising the rights of the employee under this title or opposing any practice made unlawful by this title. (c) Interference With Proceedings or Inquiries.--It shall be unlawful for any person to discharge or in any other manner discriminate against an individual because such individual-- (1) has filed any charge, or has instituted or caused to be instituted any proceeding, under or related to this title; (2) has given, or is about to give, any information in connection with any inquiry or proceeding relating to any right provided under this title; or (3) has testified, or is about to testify, in any inquiry or proceeding relating to any right provided under this title. SEC. 205. REMEDIES AND ENFORCEMENT. (a) Investigative Authority.-- (1) In general.--To ensure compliance with this title, including any regulation or order issued under this title, the Secretary shall have, subject to paragraph (3), the investigative authority provided under section 11(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 211(a)). (2) Obligation to keep and preserve records.-- (A) In general.--Each employer shall maintain for a period of not less than 3 years, or for the duration of any claim (including the duration of a related civil action or investigation) pending pursuant to this title, whichever is longer, all records necessary to demonstrate compliance with this title, including compliance with the requirements of regulations issued by the Secretary under section 206. Such records shall include documentation of offers of hours of work to employees and responses to such offers. (B) Copies.--Each employer shall, upon a reasonable request of an employee of the employer, provide the employee with a copy of the records described in subparagraph (A) relating to the employee. (3) Required submissions generally limited to an annual basis.--The Secretary shall not require, under the authority of this subsection, any employer to submit to the Secretary any books or records more than once during any 12-month period, unless the Secretary has reasonable cause to believe there may exist a violation of this title, including any regulation or order issued pursuant to this title, or is investigating a charge pursuant to subsection (c). (4) Subpoena powers.--For the purposes of any investigation provided for in this subsection, the Secretary shall have the subpoena authority provided for under section 9 of the Fair Labor Standards Act of 1938 (29 U.S.C. 209). (b) Civil Action by Employees.-- (1) Liability.-- (A) In general.--Any employer who violates section 202, 203, or 204 (each such provision referred to in this section as a ``covered provision'') shall be liable to any person affected for-- (i) damages equal to the amount of-- (I) any wages, salary, employment benefits (as defined in section 101 of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611)), or other compensation denied, lost, or owed to such employee by reason of the violation; or (II) in a case in which wages, salary, employment benefits (as so defined), or other compensation have not been denied, lost, or owed to the employee, any actual monetary losses sustained by the employee as a direct result of the violation; (ii) interest on the amount described in clause (i) calculated at the prevailing rate; (iii) except as provided in subparagraph (B), an additional amount as liquidated damages equal to the sum of the amount described in clause (i) and the interest described in clause (ii); and (iv) such equitable relief as may be appropriate, including employment, reinstatement, and promotion. (B) Exception for liquidated damages.--If an employer who has violated a covered provision proves to the satisfaction of the court that the act or omission which violated the covered provision was in good faith and that the employer had reasonable grounds for believing that the act or omission was not a violation of a covered provision, such court may, in the discretion of the court, reduce the amount of liability under subparagraph (A) to the amount, interest, and equitable relief determined under clauses (i), (ii), and (iv), respectively. (2) Right of action.--An action to recover the damages, interest, or equitable relief set forth in paragraph (1) may be maintained against any employer (including a public agency) in any Federal or State court of competent jurisdiction by any one or more employees for and on behalf of-- (A) such employees; or (B) such employees and any other employees similarly situated. (3) Fees and costs.--The court in such an action shall, in addition to any judgment awarded to the plaintiff, allow a reasonable attorney's fee, reasonable expert witness fees, and other costs of the action to be paid by the defendant. (4) Limitations.--The right provided by paragraph (2) to bring an action by or on behalf of any employee shall terminate on the filing of a complaint by the Secretary in an action under subsection (c)(4) in which a recovery is sought of the damages, interest, or equitable relief described in paragraph (1)(A) owing to an employee by an employer liable under paragraph (1) unless the action is dismissed without prejudice on motion of the Secretary. (c) Actions by the Secretary.-- (1) Administrative action.--The Secretary shall receive, investigate, and attempt to resolve complaints of violations of this title in the same manner that the Secretary receives, investigates, and attempts to resolve complaints of violations of sections 6 and 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206 and 207), and may issue an order making determinations, and assessing a civil penalty described in paragraph (3) (in accordance with paragraph (3)), with respect to such an alleged violation. (2) Administrative review.--An affected person who takes exception to an order issued under paragraph (1) may request review of and a decision regarding such an order by an administrative law judge. In reviewing the order, the administrative law judge may hold an administrative hearing concerning the order, in accordance with the requirements of sections 554, 556, and 557 of title 5, United States Code. Such hearing shall be conducted expeditiously. (3) Civil penalty.-- (A) In general.--An employer who willfully and repeatedly violates-- (i) section 204(a) shall be subject to a civil penalty in an amount to be determined by the Secretary, but not to exceed $100 per violation (subject to subparagraph (B)); or (ii) subsection (b) or (c) of section 204 shall be subject to a civil penalty in an amount to be determined by the Secretary, but not to exceed $1,100 per violation (subject to subparagraph (B)). (B) Inflation.--The Secretary shall, for each year beginning with calendar year 2024, increase the maximum amounts for the penalties described in clauses (i) and (ii) of subparagraph (A) by a percentage equal to the percentage increase in the Consumer Price Index for All Urban Consumers, published by the Department of Labor, between December 2022 and the December prior to the year for which the increase takes effect. (4) Civil action.-- (A) In general.--The Secretary may bring an action in any court of competent jurisdiction on behalf of aggrieved employees to-- (i) restrain violations of this title; (ii) obtain such equitable relief as may be appropriate, including employment, reinstatement, and promotion; and (iii) in the case of a violation of a covered provision, recover the damages, interest, and equitable relief described in clauses (i) through (iv) of subsection (b)(1)(A). (B) Recovery on behalf of employees.--Any sums recovered by the Secretary under subparagraph (A) on behalf of an employee shall be held in a special deposit account and shall be paid, on order of the Secretary, directly to the employee affected. Any such sums not paid to an employee because of inability to do so within a period of three years shall be deposited in the Treasury and credited to miscellaneous receipts. (d) Limitation.-- (1) In general.--Except as provided in paragraph (2), an action may be brought under this section not later than 2 years after the date of the last event constituting the alleged violation for which the action is brought. (2) Willful violation.--In the case of such action brought for a willful violation of section 204, such action may be brought within 3 years of the date of the last event constituting the alleged violation for which such action is brought. (3) Commencement.--In determining when an action is commenced by the Secretary or by an employee under this section for the purposes of this subsection, it shall be considered to be commenced on the date when the complaint is filed. (e) Other Administrative Officers.-- (1) Employees covered by congressional accountability act of 1995.--The powers and procedures provided in the Congressional Accountability Act of 1995 (2 U.S.C. 1301 et seq.) to the Board (as defined in section 101 of that Act (2 U.S.C. 1301)), or any person, alleging a violation of section 202(a)(1) of that Act (2 U.S.C. 1312(a)(1)) shall be the powers and procedures this title provides to that Board, or any person, alleging a violation of this title against an employee described in section 201(2)(C). (2) Employees covered by chapter 5 of title 3, united states code.--The powers and procedures provided in chapter 5 of title 3, United States Code, to the President, the Merit Systems Protection Board, or any person, alleging a violation of section 412(a)(1) of that title, shall be the powers and procedures this title provides to the President, that Board, or any person, respectively, alleging a violation of this title against an employee described in section 201(2)(D). (3) Employees covered by chapter 63 of title 5, united states code.--The powers and procedures provided in title 5, United States Code, to an employing agency, provided in chapter 12 of that title to the Merit Systems Protection Board, or provided in that title to any person, alleging a violation of chapter 63 of that title, shall be the powers and procedures this title provides to that agency, that Board, or any person, respectively, alleging a violation of this title against an employee described in section 201(2)(E). (4) Comptroller general.--In the case of employees of the Government Accountability Office, the authority of the Secretary under this title shall be exercised by the Comptroller General of the United States. SEC. 206. REGULATIONS. (a) Secretary of Labor.--Except as provided in subsections (b) through (e), not later than 180 days after the date of enactment of this title, the Secretary shall issue such regulations as may be necessary to implement this title. (b) Board.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, the Board of Directors of the Office of Congressional Workplace Rights shall issue such regulations as may be necessary to implement this title with respect to employees described in section 201(2)(C). The procedures applicable to regulations of the Board issued for the implementation of the Congressional Accountability Act of 1995 (2 U.S.C. 1301 et seq.), prescribed in section 304 of that Act (2 U.S.C. 1384), shall be the procedures applicable to regulations issued under this subsection. (2) Consideration.--In prescribing the regulations, the Board shall take into consideration the enforcement and remedies provisions concerning the Office and applicable to rights and protections under the Family and Medical Leave Act of 1993 (29 U.S.C. 2601 et seq.), under the Congressional Accountability Act of 1995 (2 U.S.C. 1301 et seq.). (3) Modifications.--The regulations issued under paragraph (1) to implement this title shall be the same as substantive regulations issued by the Secretary to implement this title, except to the extent that the Board may determine, for good cause shown and stated together with the regulations issued by the Board, that a modification of such substantive regulations would be more effective for the implementation of the rights and protections under this title. (c) President.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, the President shall issue such regulations as may be necessary to implement this title with respect to employees described in section 201(2)(D). (2) Consideration.--In prescribing the regulations, the President shall take into consideration the enforcement and remedies provisions concerning the President and the Merit Systems Protection Board, and applicable to rights and protections under the Family and Medical Leave Act of 1993, under chapter 5 of title 3, United States Code. (3) Modifications.--The regulations issued under paragraph (1) to implement this title shall be the same as substantive regulations issued by the Secretary to implement this title, except to the extent that the President may determine, for good cause shown and stated together with the regulations issued by the President, that a modification of such substantive regulations would be more effective for the implementation of the rights and protections under this title. (d) Office of Personnel Management.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, the Office of Personnel Management shall issue such regulations as may be necessary to implement this title with respect to employees described in section 201(2)(E). (2) Consideration.--In prescribing the regulations, the Office shall take into consideration the enforcement and remedies provisions concerning an employing agency and the Merit Systems Protection Board under subchapter V of chapter 63 of title 5, United States Code. (3) Modifications.--The regulations issued under paragraph (1) to implement this title shall be the same as substantive regulations issued by the Secretary to implement this title, except to the extent that the Office may determine, for good cause shown and stated together with the regulations issued by the Office, that a modification of such substantive regulations would be more effective for the implementation of the rights and protections under this title. (e) Comptroller General.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, the Comptroller General of the United States shall issue such regulations as may be necessary to implement this title with respect to employees of the Government Accountability Office. (2) Consideration.--In prescribing the regulations, the Comptroller General shall take into consideration the enforcement and remedies provisions concerning the Comptroller General under title I of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611 et seq.). (3) Modifications.--The regulations issued under paragraph (1) to implement this title shall be the same as substantive regulations issued by the Secretary to implement this title, except to the extent that the Comptroller General may determine, for good cause shown and stated together with the regulations issued by the Comptroller General, that a modification of such substantive regulations would be more effective for the implementation of the rights and protections under this title. <all>

Part-Time Worker Bill of Rights Act

A bill to extend protections to part-time workers in the areas of family and medical leave and pension plans, and to ensure equitable treatment in the workplace.

Part-Time Worker Bill of Rights Act

Sen. Warren, Elizabeth

D

MA

H.R.2031

Taxation

This bill excludes from gross income, for income tax purposes, gains from distributions of intangible property by controlled foreign corporations to U.S. domestic corporations. The bill defines intangible property to include patents, copyrights, licenses, formulas, computer software, and similar items with substantial value.

To amend the Internal Revenue Code of 1986 to encourage the transfer of intangible property from controlled foreign corporations to United States shareholders. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SPECIAL RULES FOR TRANSFERS OF INTANGIBLE PROPERTY FROM CONTROLLED FOREIGN CORPORATIONS TO UNITED STATES SHAREHOLDERS. (a) In General.--Subpart F of part III of subchapter N of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 966. TRANSFERS OF INTANGIBLE PROPERTY TO UNITED STATES SHAREHOLDERS. ``(a) In General.--If a controlled foreign corporation holds intangible property on the date of the enactment of this section and thereafter distributes such property to a domestic corporation which is a United States shareholder with respect to such controlled foreign corporation-- ``(1) for purposes of part I of subchapter C and any other provision of this title specified by the Secretary, the fair market value of such property on the date of such distribution shall be treated as not exceeding the adjusted basis of such property immediately before such distribution, and ``(2) if any portion of such distribution is not a dividend-- ``(A) no gain shall be recognized by such United States shareholder with respect to such distribution, and ``(B) the adjusted basis of such property in the hands of such United States shareholder immediately after such distribution shall be the adjusted basis of such property in the hands of such controlled foreign corporation immediately before such distribution reduced by the amount (if any) of gain not recognized by reason of subparagraph (A) (determined after the application of paragraph (1)). ``(b) Intangible Property.--For purposes of this section, the term `intangible property' means any-- ``(1) patent, copyright, license, invention, formula, process, design, pattern, know-how, or format, ``(2) method, program, system, procedure, campaign, survey, study, forecast, estimate, or technical data, ``(3) computer software (as defined in section 197(e)(3)(B)), or ``(4) any similar item, which has substantial value independent of the services of any individual.''. (b) Conforming Amendments.-- (1) Section 197(f)(2)(B)(i) of such Code is amended by inserting ``966(a),'' after ``731,''. (2) The table of sections for subpart F of part III of subchapter N of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 966. Transfers of intangible property to United States shareholders.''. (c) Effective Date.--The amendments made by this section shall apply to distributions made in 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. <all>

To amend the Internal Revenue Code of 1986 to encourage the transfer of intangible property from controlled foreign corporations to United States shareholders.

To amend the Internal Revenue Code of 1986 to encourage the transfer of intangible property from controlled foreign corporations to United States shareholders.

Official Titles - House of Representatives Official Title as Introduced To amend the Internal Revenue Code of 1986 to encourage the transfer of intangible property from controlled foreign corporations to United States shareholders.

Rep. LaHood, Darin

R

IL

H.R.1386

Commerce

Country of Origin Labeling Requirement Act This bill requires sellers of products online to conspicuously disclose the country of origin of the products. This requirement does not apply to individuals selling products through third-party websites. The Federal Trade Commission must enforce violations of this requirement as unfair or deceptive trade practices.

To require retailers who offer products for purchase through a website to disclose on such website the country of origin for each product offered for sale. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Country of Origin Labeling Requirement Act''. SEC. 2. COUNTRY OF ORIGIN DISCLOSURE REQUIREMENTS FOR PRODUCTS SOLD ON RETAIL WEBSITES. (a) Disclosure Requirement.--Any person that operates an Internet website (including a mobile application) and that sells or offers for sale any product through such website or application, shall disclose on such website or application, in a clear and conspicuous manner, the country in which such product was manufactured or finally assembled. (b) Exclusion.--The requirements in subsection (a) shall not be construed to apply to any individual who uses a website operated by another person to sell or offer for sale any good or product. SEC. 3. ENFORCEMENT BY THE FEDERAL TRADE COMMISSION. (a) Unfair or Deceptive Acts or Practices.--A violation of section 1(a) shall be treated as a violation of a regulation under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or practices. (b) Powers of the Commission.--The Commission shall enforce section 1(a) in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act. Any person who violates such section shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act. (c) Effect on Other Laws.--Nothing in this Act shall be construed in any way to limit or affect the authority of the Commission under any other provision of law. <all>

Country of Origin Labeling Requirement Act

To require retailers who offer products for purchase through a website to disclose on such website the country of origin for each product offered for sale.

Country of Origin Labeling Requirement Act

Rep. Van Drew, Jefferson

R

NJ

H.R.4076

Education

Mentoring to Succeed Act of 2021 This bill requires the Department of Education to award grants to entities such as educational agencies, schools, and local governments to establish, expand, or support school-based mentoring programs that assist at-risk students in developing cognitive skills and promoting social-emotional learning to prepare them for success in high school, postsecondary education, and the workforce.

To amend the Carl D. Perkins Career and Technical Education Act of 2006 to give the Department of Education the authority to award competitive grants to eligible entities to establish, expand, or support school- based mentoring programs to assist at-risk students in middle school and high school in developing cognitive and social-emotional skills to prepare them for success in high school, postsecondary education, and the workforce. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Mentoring to Succeed Act of 2021''. SEC. 2. PURPOSE. The purpose of this Act is to make assistance available for school- based mentoring programs for at-risk students in order to-- (1) establish, expand, or support school-based mentoring programs; (2) assist at-risk students in middle school and high school in developing cognitive and social-emotional skills; and (3) prepare such at-risk students for success in high school, postsecondary education, and the workforce. SEC. 3. SCHOOL-BASED MENTORING PROGRAM. Part C of title I of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2351 et seq.) is amended by adding at the end the following: ``SEC. 136. DISTRIBUTION OF FUNDS FOR SCHOOL-BASED MENTORING PROGRAMS. ``(a) Definitions.--In this section: ``(1) At-risk student.--The term `at-risk student' means a student who-- ``(A) is failing academically or at risk of dropping out of school; ``(B) is pregnant or a parent; ``(C) is a gang member; ``(D) is a child or youth in foster care or a youth who has been emancipated from foster care, but is still enrolled in high school; ``(E) is or has recently been a homeless child or youth; ``(F) is chronically absent; ``(G) has changed schools 3 or more times in the past 6 months; ``(H) has come in contact with the juvenile justice system in the past; ``(I) has a history of multiple suspensions or disciplinary actions; ``(J) is an English learner; ``(K) has one or both parents incarcerated; ``(L) has experienced one or more adverse childhood experiences, traumatic events, or toxic stressors, as assessed through an evidence-based screening; ``(M) lives in a high-poverty area with a high rate of community violence; ``(N) has a disability; or ``(O) shows signs of alcohol or drug misuse or abuse or has a parent or guardian who is struggling with substance abuse. ``(2) Disability.--The term `disability' has the meaning given the term for purposes of section 602(3) of the Individuals with Disabilities Education Act (20 U.S.C. 1401(3)). ``(3) Eligible entity.--The term `eligible entity'-- ``(A) means a high-need local educational agency, high-need school, or local government entity; and ``(B) may include a partnership between an entity described in subparagraph (A) and a nonprofit, community-based, or faith-based organization, or institution of higher education. ``(4) English learner.--The term `English learner' has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). ``(5) Foster care.--The term `foster care' has the meaning given the term in section 1355.20 of title 45, Code of Federal Regulations. ``(6) High-need local educational agency.--The term `high- need local educational agency' means a local educational agency that serves at least one high-need school. ``(7) High-need school.--The term `high-need school' has the meaning given the term in section 2211(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6631(b)). ``(8) Homeless children and youths.--The term `homeless children and youths' has the meaning given the term in section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a). ``(9) School-based mentoring.--The term `school-based mentoring' means a structured, managed, evidenced-based program conducted in partnership with teachers, administrators, school psychologists, school social workers or counselors, and other school staff, in which at-risk students are appropriately matched with screened and trained professional or volunteer mentors who provide guidance, support, and encouragement, involving meetings, group-based sessions, and educational and workforce-related activities on a regular basis to prepare at- risk students for success in high school, postsecondary education, and the workforce. ``(b) School-Based Mentoring Competitive Grant Program.-- ``(1) In general.--The Secretary shall award grants on a competitive basis to eligible entities to establish, expand, or support school-based mentoring programs that-- ``(A) are designed to assist at-risk students in high-need schools in developing cognitive skills and promoting social-emotional learning to prepare them for success in high school, postsecondary education, and the workforce by linking them with mentors who-- ``(i) have received mentor training, including on trauma-informed practices, youth engagement, cultural competency, and social- emotional learning; and ``(ii) have been screened using appropriate reference checks and criminal background checks; ``(B) provide coaching and technical assistance to mentors in each such mentoring program; ``(C) seek to-- ``(i) improve the academic achievement of at-risk students; ``(ii) reduce dropout rates and absenteeism and improve school engagement of at-risk students and their families; ``(iii) reduce juvenile justice involvement of at-risk students; ``(iv) foster positive relationships between at-risk students and their peers, teachers, other adults, and family members; ``(v) develop the workforce readiness skills of at-risk students by exploring paths to employment, including encouraging students with disabilities to explore transition services; and ``(vi) increase the participation of at- risk students in community service activities; and ``(D) encourage at-risk students to set goals and plan for their futures, including making plans and identifying goals for postsecondary education and the workforce. ``(2) Duration.--The Secretary shall award grants under this section for a period not to exceed 5 years. ``(3) Application.--To receive a grant under this section, an eligible entity shall submit to the Secretary an application that includes-- ``(A) a needs assessment that includes baseline data on the measures described in paragraph (6)(A)(ii); and ``(B) a plan to meet the requirements of paragraph (1). ``(4) Priority.--In selecting grant recipients, the Secretary shall give priority to applicants that-- ``(A) serve children and youth with the greatest need living in high-poverty, high-crime areas, or rural areas, or who attend schools with high rates of community violence; ``(B) provide at-risk students with opportunities for postsecondary education preparation and career development, including-- ``(i) job training, professional development, work shadowing, internships, networking, resume writing and review, interview preparation, transition services for students with disabilities, application assistance and visits to institutions of higher education, and leadership development through community service; and ``(ii) partnerships with the private sector and local businesses to provide internship and career exploration activities and resources; and ``(C) seek to provide match lengths between at-risk students and mentors for at least 1 academic year. ``(5) Use of funds.--An eligible entity that receives a grant under this section may use such funds to-- ``(A) develop and carry out regular training for mentors, including on-- ``(i) the impact of adverse childhood experiences; ``(ii) trauma-informed practices and interventions; ``(iii) supporting homeless children and youths; ``(iv) supporting children and youth in foster care or youth who have been emancipated from foster care, but are still enrolled in high school; ``(v) cultural competency; ``(vi) meeting all appropriate privacy and confidentiality requirements for students, including students in foster care; ``(vii) working in coordination with a public school system; ``(viii) positive youth development and engagement practices; and ``(ix) disability inclusion practices to ensure access and participation by students with disabilities; ``(B) recruit, screen, match, and train mentors; ``(C) hire staff to perform or support the objectives of the school-based mentoring program; ``(D) provide inclusive and accessible youth engagement activities, such as-- ``(i) enrichment field trips to cultural destinations; ``(ii) career awareness activities, including job site visits, informational interviews, resume writing, interview preparation, and networking; and ``(iii) academic or postsecondary education preparation activities, including trade or vocational school visits, visits to institutions of higher education, and assistance in applying to institutions of higher education; and ``(E) conduct program evaluation, including by acquiring and analyzing the data described under paragraph (6). ``(6) Reporting requirements.-- ``(A) In general.--Not later than 6 months after the end of each academic year during the grant period, an eligible entity receiving a grant under this section shall submit to the Secretary a report that includes-- ``(i) the number of students who participated in the school-based mentoring program that was funded in whole or in part with the grant funds; ``(ii) data on the academic achievement, dropout rates, truancy, absenteeism, outcomes of arrests for violent crime, summer employment, and postsecondary education enrollment of students in the program; ``(iii) the number of group sessions and number of one-to-one contacts between students in the program and their mentors; ``(iv) the average attendance of students enrolled in the program; ``(v) the number of students with disabilities connected to transition services; ``(vi) data on social-emotional development of students as assessed with a validated social-emotional assessment tool; and ``(vii) any other information that the Secretary may require to evaluate the success of the school-based mentoring program. ``(B) Student privacy.--An eligible entity shall ensure that the report submitted under subparagraph (A) is prepared in a manner that protects the privacy rights of each student in accordance with section 444 of the General Education Provisions Act (commonly referred to as the `Family Educational Rights and Privacy Act of 1974') (20 U.S.C. 1232g). ``(7) Mentoring resources and community service coordination.-- ``(A) Technical assistance.--The Secretary shall work with the Office of Juvenile Justice and Delinquency Prevention to-- ``(i) refer grantees under this section to the National Mentoring Resource Center to obtain resources on best practices and research related to mentoring and to request no-cost training and technical assistance; and ``(ii) provide grantees under this section with information regarding transitional services for at-risk students returning from correctional facilities and transition services for students with disabilities. ``(B) Coordination.--The Secretary shall, to the extent possible, coordinate with the Corporation for National and Community Service, including through entering into an interagency agreement or a memorandum of understanding, to support mentoring and community service-related activities for at-risk students. ``(c) Authorization of Funds.--There are authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2022 through 2027.''. SEC. 4. INSTITUTE OF EDUCATION SCIENCES STUDY ON SCHOOL-BASED MENTORING PROGRAMS. (a) In General.--The Secretary of Education, acting through the Director of the Institute of Education Sciences, shall conduct a study to-- (1) identify successful school-based mentoring programs and effective strategies for administering and monitoring such programs; (2) evaluate the role of mentors in promoting cognitive development and social-emotional learning to enhance academic achievement and to improve workforce readiness; and (3) evaluate the effectiveness of the grant program under section 136 of the Carl D. Perkins Career and Technical Education Act of 2006, as added by section 3, on student academic outcomes and youth career development. (b) Timing.--Not later than 3 years after the date of enactment of this Act, the Secretary of Education, acting through the Director of the Institute of Education Sciences, shall submit the results of the study to the appropriate congressional committees. <all>

Mentoring to Succeed Act of 2021

To amend the Carl D. Perkins Career and Technical Education Act of 2006 to give the Department of Education the authority to award competitive grants to eligible entities to establish, expand, or support school-based mentoring programs to assist at-risk students in middle school and high school in developing cognitive and social-emotional skills to prepare them for success in high school, postsecondary education, and the workforce.

Mentoring to Succeed Act of 2021

Rep. Schakowsky, Janice D.

D

IL

H.R.3584

Government Operations and Politics

Made in America Emergency Preparedness Act This bill establishes in the legislative branch the National Commission on United States Preparedness for National Emergencies and requires any medical, pharmaceutical, or emergency preparedness product deemed integral to a response to a national emergency to be manufactured and procured in the United States beginning on and after January 1, 2026. The commission must, among other things, examine and report on the COVID-19 pandemic in the United States in 2020 and the private sector response, investigate the origin of the COVID-19 virus and measures for mitigating the impacts of future physical and medical national disasters, determine what medical, pharmaceutical, and emergency preparedness products are deemed to be essential to emergency preparedness, and report on infrastructure or capability deficiencies in hospitals and medical centers. States must implement the commission's findings or lose access to federal emergency preparedness funds. The bill allows 100% tax expensing for qualified pharmaceutical and medical device manufacturing property (e.g., personal protective equipment) placed in service after 2020 and before 2027.

To require the creation of a national commission to prepare for future national emergencies, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Made in America Emergency Preparedness Act''. SEC. 2. TABLE OF CONTENTS. The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. TITLE I--PROCUREMENT WITHIN THE UNITED STATES REQUIRED Sec. 101. Procurement requirements. TITLE II--NATIONAL COMMISSION ON UNITED STATES PREPAREDNESS FOR NATIONAL EMERGENCIES Sec. 201. Establishment of Commission. Sec. 202. Purposes. Sec. 203. Composition of Commission. Sec. 204. Functions of Commission. Sec. 205. Powers of Commission. Sec. 206. Nonapplicability of Federal Advisory Committee Act. Sec. 207. Staff of Commission. Sec. 208. Compensation and travel expenses. Sec. 209. Security clearances for Commission members and staff. Sec. 210. Reports of Commission; termination. TITLE III--STATE IMPLEMENTATION OF FINDINGS BY COMMISSION Sec. 301. State implementation of findings. TITLE IV--TEMPORARY 100 PERCENT EXPENSING FOR QUALIFYING GOODS Sec. 401. Special allowance for certain property. TITLE I--PROCUREMENT WITHIN THE UNITED STATES REQUIRED SEC. 101. PROCUREMENT REQUIREMENTS. (a) General Procurement Requirements for DoD, DHS, HHS, and CDC.-- Except as provided in subsection (c), any medical, pharmaceutical, or emergency preparedness product, determined to be integral to the response to a national emergency declared by the President under the National Emergencies Act (50 U.S.C. 1601 et seq.), as determined by the National Commission on United States Preparedness for National Emergencies shall be manufactured and procured within the United States if procured by the Department of Defense, the Department of Homeland Security, the Department of Health and Human Services, the Centers for Disease Control, or the National Institutes of Health. (b) Requirement for the Procurement of American-Made Products During a National Emergency.--Except as provided in subsection (c), any product, material, minerals, ingredient, or equipment that is essential, as determined by the National Commission on United States Preparedness for National Emergencies, in the response to a declaration of a national emergency declared by the President under the National Emergencies Act (50 U.S.C. 1601 et seq.) with a specific focus on medical, pharmaceutical, or emergency preparedness product, as determined by the National Commission on United States Preparedness for National Emergencies shall be manufactured by American-owned entities unless specifically authorized by the President after the declaration. (c) Exception.--Notwithstanding subsections (a) and (b), the President or the National Commission on United States Preparedness for National Emergencies may exempt certain goods or entities from the requirements in such subsections as the President or Commission determines it to be necessary for national security. (d) Applicability.--The requirements of this section apply on and after January 1, 2026, and apply to any contract entered into on or after such date. TITLE II--NATIONAL COMMISSION ON UNITED STATES PREPAREDNESS FOR NATIONAL EMERGENCIES SEC. 201. ESTABLISHMENT OF COMMISSION. There is established in the legislative branch the National Commission on United States Preparedness for National Emergencies (in this title referred to as the ``Commission''). SEC. 202. PURPOSES. The purposes of the Commission are to-- (1) examine and report upon the facts and actions taken relating to the COVID-19 pandemic in the United States in 2020 and private sector response; (2) investigate the origin of the COVID-19 virus; (3) investigate and report to the President and Congress on its findings, conclusions, and recommendations for measures that can be taken to mitigate impacts of future physical and medical national disasters; (4) determine products, materials, minerals, ingredients, or equipment that is essential in the response to a declaration of a national emergency and to determine surge capacity for both physical and medical national disasters; (5) give special attention to the need for or existence of national Federal stockpile requirements and national surge capacity; and (6) report on infrastructure deficiencies or capability deficiencies in hospitals and medical centers. SEC. 203. COMPOSITION OF COMMISSION. (a) Members.--The Commission shall be composed of 10 members, of whom-- (1) 1 member shall be appointed by the President, who shall serve as chairman of the Commission; (2) 1 member shall be appointed by the leader of the Senate (majority or minority leader, as the case may be) of the Republican Party, in consultation with the leader of the House of Representatives (majority or minority leader, as the case may be) of the Republican Party, who shall serve as vice chairman of the Commission; (3) 2 members shall be appointed by the senior member of the Senate leadership of the Democratic Party; (4) 2 members shall be appointed by the senior member of the leadership of the House of Representatives of the Republican Party; (5) 2 members shall be appointed by the senior member of the Senate leadership of the Republican Party; and (6) 2 members shall be appointed by the senior member of the leadership of the House of Representatives of the Democratic Party. (b) Qualifications; Initial Meeting.-- (1) Political party affiliation.--Not more than 5 members of the Commission shall be from the same political party. (2) Nongovernmental appointees.--An individual appointed to the Commission may not be an officer or employee of the Federal Government or any State or local government. (3) Other qualifications.--It is the sense of Congress that individuals appointed to the Commission should be prominent United States citizens, with national recognition and significant depth of experience in such professions as health, manufacturing, agriculture, emergency planning, governmental service, law enforcement, the Armed Services, law, public administration, commerce, and disaster relief. (4) Initial meeting.--The Commission shall meet and begin the operations of the Commission as soon as practicable. (c) Quorum; Vacancies.--After its initial meeting, the Commission shall meet upon the call of the chairman or a majority of its members. Six members of the Commission shall constitute a quorum. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner in which the original appointment was made. SEC. 204. FUNCTIONS OF COMMISSION. The functions of the Commission are to make recommendations to the President on what resources are necessarily to properly address a wide range of physical and health national disasters. SEC. 205. POWERS OF COMMISSION. (a) In General.-- (1) Hearings and evidence.--The Commission or, on the authority of the Commission, any subcommittee or member thereof, may, for the purpose of carrying out this title-- (A) hold such hearings and sit and act at such times and places, take such testimony, receive such evidence, administer such oaths; and (B) subject to paragraph (2)(A), require, by subpoena or otherwise, the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, and documents, as the Commission or such designated subcommittee or designated member may determine advisable. (2) Subpoenas.-- (A) Issuance.-- (i) In general.--A subpoena may be issued under this subsection only-- (I) by the agreement of the chairman and the vice chairman; or (II) by the affirmative vote of 6 members of the Commission. (ii) Signature.--Subject to clause (i), subpoenas issued under this subsection may be issued under the signature of the chairman or any member designated by a majority of the Commission, and may be served by any person designated by the chairman or by a member designated by a majority of the Commission. (B) Enforcement.-- (i) In general.--In the case of contumacy or failure to obey a subpoena issued under subsection (a), the United States district court for the judicial district in which the subpoenaed person resides, is served, or may be found, or where the subpoena is returnable, may issue an order requiring such person to appear at any designated place to testify or to produce documentary or other evidence. Any failure to obey the order of the court may be punished by the court as a contempt of that court. (ii) Additional enforcement.--In the case of any failure of any witness to comply with any subpoena or to testify when summoned under authority of this section, the Commission may, by majority vote, certify a statement of fact constituting such failure to the appropriate United States attorney, who may bring the matter before the grand jury for its action, under the same statutory authority and procedures as if the United States attorney had received a certification under sections 102 through 104 of the Revised Statutes of the United States (2 U.S.C. 192 through 194). (b) Contracting.--The Commission may, to such extent and in such amounts as are provided in appropriation Acts, enter into contracts to enable the Commission to discharge its duties under this title. (c) Information From Federal Agencies.-- (1) In general.--The Commission is authorized to secure directly from any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality of the Government, information, suggestions, estimates, and statistics for the purposes of this title. Each department, bureau, agency, board, commission, office, independent establishment, or instrumentality shall, to the extent authorized by law, furnish such information, suggestions, estimates, and statistics directly to the Commission, upon request made by the chairman, the chairman of any subcommittee created by a majority of the Commission, or any member designated by a majority of the Commission. (2) Receipt, handling, storage, and dissemination.-- Information shall only be received, handled, stored, and disseminated by members of the Commission and its staff consistent with all applicable statutes, regulations, and Executive orders. (d) Assistance From Federal Agencies.-- (1) General services administration.--The Administrator of General Services shall provide to the Commission on a reimbursable basis administrative support and other services for the performance of the Commission's functions. (2) Other departments and agencies.--In addition to the assistance prescribed in paragraph (1), departments and agencies of the United States may provide to the Commission such services, funds, facilities, staff, and other support services as they may determine advisable and as may be authorized by law. (e) Gifts.--The Commission may accept, use, and dispose of gifts or donations of services or property. (f) Postal Services.--The Commission may use the United States mails in the same manner and under the same conditions as departments and agencies of the United States. SEC. 206. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT. (a) In General.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission. (b) Public Meetings and Release of Public Versions of Reports.--The Commission shall-- (1) hold public hearings and meetings to the extent appropriate; and (2) release public versions of the reports required under section 310(a) and (b). (c) Public Hearings.--Any public hearings of the Commission shall be conducted in a manner consistent with the protection of information provided to or developed for or by the Commission as required by any applicable statute, regulation, or Executive order. SEC. 207. STAFF OF COMMISSION. (a) In General.-- (1) Appointment and compensation.--The chairman, in consultation with the vice chairman, in accordance with rules agreed upon by the Commission, may appoint and fix the compensation of a staff director and such other personnel as may be necessary to enable the Commission to carry out its functions, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no rate of pay fixed under this subsection may exceed the equivalent of that payable for a position at level V of the Executive Schedule under section 5316 of title 5, United States Code. (2) Personnel as federal employees.-- (A) In general.--The executive director and any personnel of the Commission who are employees shall be employees under section 2105 of title 5, United States Code, for purposes of chapters 63, 81, 83, 84, 85, 87, 89, and 90 of that title. (B) Members of commission.--Subparagraph (A) shall not be construed to apply to members of the Commission. (b) Detailees.--Any Federal Government employee may be detailed to the Commission without reimbursement from the Commission, and such detailee shall retain the rights, status, and privileges of his or her regular employment without interruption. (c) Consultant Services.--The Commission is authorized to procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, but at rates not to exceed the daily rate paid a person occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code. SEC. 208. COMPENSATION AND TRAVEL EXPENSES. (a) Compensation.--Each member of the Commission may be compensated at not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day during which that member is engaged in the actual performance of the duties of the Commission. (b) Travel Expenses.--While away from their homes or regular places of business in the performance of services for the Commission, members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703(b) of title 5, United States Code. SEC. 209. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND STAFF. The appropriate Federal agencies or departments shall cooperate with the Commission in expeditiously providing to the Commission members and staff appropriate security clearances to the extent possible pursuant to existing procedures and requirements, except that no person shall be provided with access to classified information under this title without the appropriate security clearances. SEC. 210. REPORTS OF COMMISSION; TERMINATION. (a) Interim Reports.--The Commission may submit to the President and Congress interim reports containing such findings, conclusions, and recommendations for corrective measures as have been agreed to by a majority of Commission members. (b) Final Report.--Not later than 18 months after the date of the enactment of this Act, the Commission shall submit to the President and Congress a final report containing such findings, conclusions, and recommendations for corrective measures as have been agreed to by a majority of Commission members. (c) Report on Essential Products, Materials, Ingredients, and Equipment Required.--Not later than 18 months after the date of the enactment of this Act, the Commission shall submit to the President and Congress a report on the findings of the Commission regarding which medical, pharmaceutical, and emergency preparedness products are determined to be essential for purposes of section 101(b). (d) Report on State Actions.--Not later than 18 months after the date of the enactment of this Act, the Commission shall submit to the President and Congress a report on-- (1) actions States should take to be better prepared; (2) national Federal stockpile requirements; and (3) national surge capacity infrastructure deficiencies in hospitals and medical centers. (e) Termination.-- (1) In general.--The Commission, and all the authorities of this title, shall terminate 60 days after the date on which the final report is submitted under subsection (b). (2) Administrative activities before termination.--The Commission may use the 60-day period referred to in paragraph (1) for the purpose of concluding its activities, including providing testimony to committees of Congress concerning its reports and disseminating the final report. TITLE III--STATE IMPLEMENTATION OF FINDINGS BY COMMISSION SEC. 301. STATE IMPLEMENTATION OF FINDINGS. (a) Loss of Federal Funding.--Except as provided in subsection (b), any State that fails to implement the findings of the report described in section 310(d) by January 1, 2026, at the State and local level will lose access to all Federal funds for emergency preparedness. (b) Exemption.--Notwithstanding subsection (a), the Secretary of Homeland Security may exempt a State from the loss of Federal funds if the Secretary determines that the State is working towards implementing the findings in good faith. The Secretary shall evaluate each such exemption every fiscal year. TITLE IV--TEMPORARY 100 PERCENT EXPENSING FOR QUALIFYING GOODS SEC. 401. SPECIAL ALLOWANCE FOR CERTAIN PROPERTY. (a) In General.--For purposes of section 168(k) of the Internal Revenue Code of 1986, in the case of any qualified pharmaceutical and medical device manufacturing property which is placed in service after December 31, 2020, and before January 1, 2027-- (1) such property shall be treated as qualified property (within the meaning of such section); (2) the applicable percentage otherwise determined under section 168(k) of such Code with respect to such property shall be 100 percent; and (3) paragraph (8) of such section shall not apply. (b) Qualified Pharmaceutical and Medical Device Manufacturing Property.--For purposes of this section, the term ``qualified pharmaceutical and medical device manufacturing property'' means any tangible property placed in service in the United States as part of the construction or expansion of property for the manufacture of drugs (as defined in section 201(g) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(g))) or medical devices (as defined in section 201(h) of such Act (21 U.S.C. 321(h)), including personal protective equipment and any other item determined by the National Commission on United States Preparedness for National Emergencies to be necessary. <all>

Made in America Emergency Preparedness Act

To require the creation of a national commission to prepare for future national emergencies, and for other purposes.

Made in America Emergency Preparedness Act

Rep. Fitzpatrick, Brian K.

R

PA

S.2209

Health

Verifying Accurate Leading-edge IVCT Development Act of 2021 or the VALID Act of 2021 This bill requires the Food and Drug Administration (FDA) to regulate in vitro clinical tests (IVCTs). Currently, the FDA and the Centers for Medicare & Medicaid Services have authority to regulate in vitro diagnostic devices. The bill defines IVCTs, which includes in vitro diagnostic devices, as tests intended for the collection, preparation, analysis, or in vitro clinical examination of specimens from the human body to provide information about a disease, condition, or treatment. An IVCT may not be introduced into interstate commerce unless it has received FDA premarket approval or is covered by certain exemptions, such as an exemption for a test that (1) was developed and introduced before this bill's enactment and meets certain requirements, (2) is a low-risk test, (3) is solely for public health surveillance, (4) is covered by a technology certification issued under this bill, or (5) has received a humanitarian exemption or emergency use authorization. The FDA may grant upon application a technology certification. Generally, such a certification covers a group of tests that use a single technology and may be evaluated using a representative test. While such a certification is valid, a qualifying IVCT that falls within the scope of the certification shall be cleared for interstate commerce. The bill also imposes various requirements related to IVCTs, including those related to quality control, labeling, and reporting adverse events. The FDA shall have various enforcement authority, including authority to order the recall of an IVCT with a reasonable probability of causing serious adverse health consequences.

To amend the Federal Food, Drug, and Cosmetic Act to provide for the regulation of in vitro clinical tests, and for other 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 ``Verifying Accurate Leading-edge IVCT Development Act of 2021'' or the ``VALID Act of 2021''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Regulation of in vitro clinical tests. ``subchapter j--in vitro clinical tests ``Sec. 587. Definitions. ``Sec. 587A. Applicability. ``Sec. 587B. Premarket review. ``Sec. 587C. Breakthrough in vitro clinical tests. ``Sec. 587D. Technology certification. ``Sec. 587E. Mitigating measures. ``Sec. 587F. Regulatory pathway redesignation. ``Sec. 587G. Advisory committees. ``Sec. 587H. Request for informal feedback. ``Sec. 587I. Registration and listing. ``Sec. 587J. Test design and quality requirements. ``Sec. 587K. Labeling requirements. ``Sec. 587L. Adverse event reporting. ``Sec. 587M. Corrections and removals. ``Sec. 587N. Restricted in vitro clinical tests. ``Sec. 587O. Appeals. ``Sec. 587P. Accredited persons. ``Sec. 587Q. Recognized standards. ``Sec. 587R. Investigational use. ``Sec. 587S. Collaborative communities for in vitro clinical tests. ``Sec. 587T. Comprehensive test information system. ``Sec. 587U. Preemption. ``Sec. 587V. Adulteration. ``Sec. 587W. Misbranding. ``Sec. 587X. Postmarket surveillance. ``Sec. 587Y. Electronic format for submissions. ``Sec. 587Z. Postmarket remedies. Sec. 4. Enforcement and other provisions. Sec. 5. Transition. Sec. 6. Emergency use authorization. Sec. 7. Antimicrobial susceptibility tests. Sec. 8. Combination products. Sec. 9. Resources. SEC. 2. DEFINITIONS. (a) In General.--Section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321) is amended-- (1) by adding at the end the following: ``(ss)(1) The term `in vitro clinical test'-- ``(A) means a test intended by its developer (as defined in section 587) to be used in the collection, preparation, analysis, or in vitro clinical examination of specimens taken or derived from the human body for the purpose of-- ``(i) identifying or diagnosing a disease or condition; ``(ii) providing information for diagnosing, screening, measuring, detecting, predicting, prognosing, analyzing, or monitoring a disease or condition, including by making a determination of an individual's state of health; or ``(iii) selecting, monitoring, or informing therapy or treatment for a disease or condition; and ``(B) may include-- ``(i) a test protocol or laboratory test protocol; ``(ii) an instrument (as defined in section 587(11)); ``(iii) a specimen receptacle; ``(iv) software, excluding software that is excluded by section 520(o) from the definition of a device under section 201(h), and excluding modifications that are exempt in accordance with section 587A(l)(2)(A); and ``(v) subject to subparagraph (2), a component or part of a test, a test protocol, an instrument, an article, or software described in any of clauses (A) through (D) of such subparagraph, whether alone or in combination, including reagents, calibrators, and controls. ``(2) Notwithstanding subparagraph (1)(v), an article intended to be used as a component or part of an in vitro clinical test described in subparagraph (1) is excluded from the definition in subparagraph (1) if the article consists of any of the following: ``(A) Blood, blood components, or human cells or tissues, from the time of acquisition, donation, or recovery of such article, including determination of donor eligibility, as applicable, until such time as the article is released as a component or part of an in vitro clinical test by the establishment that collected such article. ``(B) An article used for invasive sampling, a needle, or a lancet, except to the extent such article, needle, or lancet is an integral component of an article for holding, storing, or transporting a specimen. ``(C) General purpose laboratory equipment, including certain pre-analytical equipment, as determined by the Secretary. ``(D) An article used solely for personal protection during the administering, conducting, or otherwise performing of test activities.''; (2) by adding at the end of section 201(g) the following: ``(3) The term `drug' does not include an in vitro clinical test.''; and (3) in section 201(h), by striking ``section 520(o)'' and inserting ``section 520(o) or an in vitro clinical test''. (b) Exclusion From Definition of Biological Product.--Section 351(i)(1) of the Public Health Service Act (42 U.S.C. 262(i)(1)) is amended-- (1) by striking ``(1) The term `biological product' means'' and inserting ``(1)(A) The term `biological product' means''; and (2) by adding at the end the following: ``(B) The term `biological product' does not include an in vitro clinical test as defined in section 201(ss) of the Federal Food, Drug, and Cosmetic Act.''. (c) In Vitro Clinical Test Definition.--In this Act, the term ``in vitro clinical test'' has the meaning given such term in section 201(ss) of the Federal Food, Drug, and Cosmetic Act, as added by subsection (a). SEC. 3. REGULATION OF IN VITRO CLINICAL TESTS. The Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) is amended-- (1) by amending the heading of chapter V to read as follows: ``DRUGS, DEVICES, AND IN VITRO CLINICAL TESTS''; and (2) by adding at the end of chapter V the following: ``Subchapter J--In Vitro Clinical Tests ``SEC. 587. DEFINITIONS. ``In this subchapter: ``(1) Analytical validity.-- ``(A) The term `analytical validity' means, with respect to an in vitro clinical test, the ability of the in vitro clinical test, to-- ``(i) sufficiently identify, measure, detect, calculate, or analyze one or more analytes, biomarkers, substances, or other targets intended to be identified, measured, detected, calculated, or analyzed by the test; or ``(ii) as applicable, assist in such identification, measurement, detection, calculation, or analysis. ``(B) For an article for taking or deriving specimens from the human body described in section 201(ss)(1)(B)(iii), the term `analytical validity' means that such article performs as intended and will support the analytical validity of an in vitro clinical test with which it is used. ``(2) Applicable standard.--The term `applicable standard', with respect to an in vitro clinical test, means a reasonable assurance of analytical and clinical validity, except that such term-- ``(A) with respect to test instruments, means a reasonable assurance of analytical validity; and ``(B) with respect to articles for taking or deriving specimens from the human body for purposes described in clause (i) or (ii) of section 201(ss)(1)(A) means a reasonable assurance of analytical validity and, where applicable, safety. ``(3) Clinical use.--The term `clinical use' means the operation, application, or functioning of an in vitro clinical test in connection with human specimens, including patient, consumer, and donor specimens, for the purpose for which it is intended as described in section 201(ss)(1)(A). ``(4) Clinical validity.--The term `clinical validity' means the ability of an in vitro clinical test to achieve the purpose for which it is intended as described in section 201(ss)(1)(A). ``(5) Cross-referenced test.--The term `cross-referenced test' means an in vitro clinical test that references in its labeling the name or intended use of another medical product that is not an in vitro clinical test. ``(6) Develop.--The term `develop', with respect to an in vitro clinical test, means-- ``(A) designing, validating, producing, manufacturing, remanufacturing, propagating, or assembling an in vitro clinical test; ``(B) importing an in vitro clinical test; ``(C) modifying an in vitro clinical test initially developed by a different person in a manner that-- ``(i) changes any of the listing elements that define indications for use specified in paragraph (10), performance claims, or, as applicable, the safety of such in vitro clinical test; or ``(ii) affects the analytical or clinical validity of the in vitro clinical test as intended by the developer; or ``(D) adopting, using, or disseminating for use as an in vitro clinical test an article not previously intended for clinical use. ``(7) Developer.--The term `developer' means a person who engages in an activity described in paragraph (6) for clinical use. ``(8) First-of-a-kind.--The term `first-of-a-kind' means, with respect to an in vitro clinical test, a test that has an intended use and a combination of the elements specified in paragraph (10) that differ from the intended use and such elements of other in vitro clinical tests that already are legally available in the United States. ``(9) High-risk.-- ``(A) In general.--Subject to subparagraph (B), the term `high-risk', with respect to an in vitro clinical test or category of in vitro clinical tests-- ``(i) means that, when used as intended by the developer, an undetected inaccurate result from such test or category-- ``(I) presents unreasonable risk for serious or irreversible harm or death to a patient or patients, or would otherwise cause serious harm to the public health; or ``(II) is potentially likely to result in the absence, significant delay, or discontinuation of life- supporting or life-sustaining medical treatment; and ``(ii) shall account for the degree to which the technology for the intended use of an in vitro clinical test or tests is well- characterized and the criteria for performance of the test or tests are well-established for the intended use, the clinical circumstances under which the in vitro clinical test is used, and the availability of other tests (such as confirmatory or adjunctive tests). ``(B) Exception.--The term `high-risk' does not include an in vitro clinical test described in subparagraph (A) if-- ``(i) mitigating measures are established to prevent, detect, or otherwise mitigate the risk of inaccurate results as described in subparagraph (A), or ``(ii) an exemption from the definition of such term applies under section 587A. ``(10) Indications for use.--The term `indications for use' means one or more in vitro clinical tests that have all of the following notification elements in common: ``(A) Substance or substances measured by the in vitro clinical test, such as an analyte, protein, or pathogen. ``(B) Test method. ``(C) Test purpose or purposes, as described in section 201(ss)(1)(A). ``(D) Diseases or conditions for which the in vitro clinical test is intended for use, including intended patient populations. ``(E) Context of use, such as in a clinical laboratory, in a health care facility, prescription home use, over-the-counter use, or direct-to-consumer testing. ``(11) Instrument.--The term `instrument' means an in vitro clinical test that is hardware intended by the hardware's developer to be used with one or more in vitro clinical tests to generate a clinical test result, including software used to effectuate the hardware's functionality. ``(12) Instrument family.--The term `instrument family' means more than one instrument for which the developer demonstrates and documents, with respect to all such instruments, that all-- ``(A) have the same basic architecture, design, and performance characteristics, such as tolerance limits and signal range; ``(B) have the same intended use or uses and function; ``(C) share the same measurement principles, detection methods, and reaction conditions; and ``(D) produce the same or similar analytical results from samples of the same specimen type or types. ``(13) Laboratory operations.--The term `laboratory operations'-- ``(A) means the conduct of a laboratory examination or other laboratory procedure on materials derived from the human body, including the conduct of an in vitro clinical test and associated activities within or under the oversight of a laboratory and not related to the design of an in vitro clinical test; and ``(B) includes-- ``(i) performing pre-analytical and post- analytical processes for an in vitro clinical test; ``(ii) conducting standard operating procedures; and ``(iii) preparing reagents or other test materials that do not meet the definition of a in vitro clinical test for clinical use under section 201(ss). ``(14) Low-risk.--The term `low-risk', with respect to an in vitro clinical test or category of in vitro clinical tests, means that an undetected inaccurate result from such in vitro clinical test, or such category of in vitro clinical tests, when used as intended by the developer-- ``(A) would cause minimal or no harm, or minimal or no disability, or immediately reversible harm, or would lead to only a remote risk of adverse patient impact or adverse public health impact, taking into account the degree to which the technology for the intended use of an in vitro clinical test or category of tests is well- characterized and the criteria for performance of the test or category of tests are well-established for the intended use, the clinical circumstances under which the in vitro clinical test or category of tests is used, and the availability of other tests (such as confirmatory or adjunctive tests); or ``(B) would cause a serious adverse health consequence, harm that is reversible, a delay in necessary treatment that is not life-supporting or life-sustaining, or would lead to a serious risk of adverse patient experience or adverse public health impact, but applied mitigating measures have the capacity to ensure the test meets the standard described in subparagraph (A). ``(15) Mitigating measures.--The term `mitigating measures'-- ``(A) means controls, standards, or requirements that the Secretary determines, based on available evidence-- ``(i) are necessary for an in vitro clinical test, or a category of in vitro clinical tests, to meet the applicable standard; or ``(ii) to mitigate the risk of harm ensuing from an inaccurate result such that a test or category of tests subject to such mitigating measures does not meet the definition of high risk, or such that a test or category of tests subject to such mitigating measures is low risk; and ``(B) includes, as appropriate, applicable requirements regarding labeling, conformance to performance standards or guidance, performance testing, submission of clinical data, advertising, website posting of information, clinical studies, postmarket surveillance, user comprehension studies, training, and availability of confirmatory laboratory or clinical findings. ``(16) Specimen receptacle.--The term `specimen receptacle' means an in vitro clinical test specifically intended for the holding, storing, or transporting of specimens derived from the human body or for in vitro examination for purposes described in clause (i) or (ii) of section 201(ss)(1)(A). ``(17) Technology.--The term `technology'-- ``(A) means a developer's grouping of in vitro clinical tests that do not significantly differ in control mechanisms, energy sources, or operating principals and for which design, development, and manufacturing, including analytical and clinical validation as applicable, of the tests would be addressed in a similar manner or through similar procedures; and ``(B) may include clot detection, colorimetric (non-immunoassay), electrochemical (non-immunoassay), enzymatic (non-immunoassay), flow cytometry, fluorometry (non-immunoassay), immunoassay, mass spectrometry or chromatography (such as HPLC), microbial culture, next generation sequencing (also known as `NGS'), nephlometric or turbidimetric (non- immunoassay), singleplex or multiplex non-NGS nucleic acid analysis, single-based technology, spectroscopy, and any other technology, as the Secretary determines appropriate. ``(18) Test.--The term `test', unless otherwise provided, means an in vitro clinical test. ``(19) Valid scientific evidence.--The term `valid scientific evidence'-- ``(A) means, with respect to an in vitro clinical test, evidence-- ``(i) that has been generated and evaluated by persons qualified by training or experience to do so, using procedures generally accepted by other persons so qualified; and ``(ii) from which it can be fairly and responsibly concluded by qualified experts whether the applicable standard has been met by the in vitro clinical test for its intended use; and ``(B) may include evidence described in subparagraph (A) consisting of-- ``(i) peer-reviewed literature; ``(ii) clinical guidelines; ``(iii) reports of significant human experience with an in vitro clinical test; ``(iv) bench studies; ``(v) case studies or histories; ``(vi) clinical data; ``(vii) consensus standards; ``(viii) reference standards; ``(ix) data registries; ``(x) postmarket data; ``(xi) real world data; ``(xii) clinical trials; and ``(xiii) data collected in countries other than the United States if such data are demonstrated to be adequate for the purpose of making a regulatory determination under the applicable standard in the United States. ``(20) Well-characterized.--The term `well-characterized', with respect to an in vitro clinical test, means well- established and well-recognized by the scientific or clinical community, if adequately evidenced by one or more of the following: ``(A) Peer-reviewed literature. ``(B) Practice guidelines. ``(C) Consensus standards. ``(D) Recognized standards of care. ``(E) Technology in use for many years. ``(F) Scientific publication by multiple sites. ``(G) Adoption by the scientific or clinical community. ``(H) Real world data. ``SEC. 587A. APPLICABILITY. ``(a) In General.-- ``(1) Applicability of this subchapter.-- ``(A) In general.--An in vitro clinical test shall be subject to the requirements of this subchapter, except as otherwise provided this subchapter. ``(B) Interstate commerce.--Any in vitro clinical test that is offered for clinical use in the United States is deemed to be introduced into interstate commerce for purposes of enforcing the requirements of this Act. ``(C) Non-applicable requirement.--Subject to any exemption or exclusion in this section, an in vitro clinical test shall not be subject to any provision or requirement of this Act other than this subchapter unless such other provision or requirement-- ``(i) applies expressly to in vitro clinical tests; or ``(ii) describes the authority of the Secretary when regulating such in vitro clinical tests or subset of in vitro clinical tests, with respect to-- ``(I) all articles regulated by the Secretary pursuant to this Act; or ``(II) a subset of such articles that includes in vitro clinical tests. ``(2) Laboratories and blood and tissue establishments.-- ``(A) Relation to laboratory certification pursuant to section 353 of the phsa.--Nothing in this subchapter shall be construed to modify the authority of the Secretary with respect to laboratories or clinical laboratories under section 353 of the Public Health Service Act. ``(B) Avoiding duplication.--In implementing this subchapter, the Secretary shall avoid issuing or enforcing regulations that are duplicative of regulations under section 353. ``(C) Blood and tissue.--Nothing in this subchapter shall be construed to modify the authority of the Secretary with respect to laboratories, establishments, or other facilities to the extent they are engaged in the propagation, manufacture, or preparation, including filling, testing, labeling, packaging, and storage, of blood, blood components, human cells, tissues, or tissue products under this Act or section 351 or 361 of the Public Health Service Act. ``(3) Practice of medicine.-- ``(A) In general.--Nothing in this subchapter shall be construed to limit or interfere with the authority of a health care practitioner to prescribe or administer any legally marketed in vitro clinical test for any condition or disease within a health care practitioner-patient relationship pursuant to applicable Federal or State law. ``(B) Rules of construction.-- ``(i) Sale, distribution, labeling.-- Nothing in this paragraph shall be construed to limit the authority of the Secretary to establish or enforce restrictions on the sale, distribution, or labeling of an in vitro clinical test under this Act. ``(ii) Promotion of unapproved uses.-- Nothing in this paragraph shall be construed to alter any prohibition on the promotion of unapproved uses of legally marketed in vitro clinical tests. ``(4) Special rule.-- ``(A) Premarket review applicable.--Notwithstanding the exemptions from premarket review under section 587B set forth in subsections (b), (c), (d), (e), (f), (g), (h), (j), and (k) of such section, an in vitro clinical test (including any article for taking or deriving specimens) shall be subject to the requirements of section 587B if the Secretary determines, in accordance with subparagraph (B), that-- ``(i)(I) there is insufficient valid scientific evidence to support the analytical validity or the clinical validity of such in vitro clinical test; and ``(II) such in vitro clinical test is being offered by its developer with materially deceptive or fraudulent analytical or clinical claims; ``(ii) it is reasonably possible that such in vitro clinical test will cause serious adverse health consequences; or ``(iii) in the case of specimen receptacles, there is sufficient valid scientific evidence indicating that a specimen receptacle did not perform as intended, will not support the analytical validity of tests with which it is used, or as applicable, is not safe for use. ``(B) Process.-- ``(i) Request for information.--If the Secretary has valid scientific evidence indicating that the criteria listed in subparagraph (A) apply to an in vitro clinical test, the Secretary may request that the developer of the test submit information-- ``(I) pertaining to such criteria; and ``(II) establishing the basis for any claimed exemption from premarket review. ``(ii) Deadline for submitting information.--The developer of an in vitro clinical test shall submit the information requested pursuant to clause (i) within 30 days of receipt of such request. ``(iii) Review deadline.--Upon receiving a submission under clause (ii), the Secretary shall-- ``(I) review the submitted information within 60 calendar days of such receipt; and ``(II) determine whether the criteria listed in subparagraph (A) apply to the in vitro clinical test. ``(iv) Premarket review required.-- ``(I) In general.--If the Secretary finds that the criteria listed in subparagraph (A) apply to the in vitro clinical test, the developer shall-- ``(aa) promptly, and not later than 90 days after the date of receipt of such information, submit an application for premarket review of the test under section 587B; or ``(bb) cease to market the test. ``(II) Extension.--The Secretary may grant an extension to a developer of the 90-day time period under subclause (I)(aa), as appropriate. ``(v) Continued marketing.--During the period beginning on the date of a request for information under clause (ii) and ending on the date of the disposition of an application for premarket review of the in vitro clinical test under section 587B, the developer of the test may continue to market the test for clinical use, unless the Secretary issues an order to the developer under clause (vi) to immediately cease distribution of the test. ``(vi) Order to cease distribution.-- ``(I) In general.--If the developer of an in vitro clinical test fails to submit an application for premarket review of the test by the deadline applicable under clause (iv), or the Secretary finds that the criteria listed in subparagraph (A) apply to an in vitro clinical test and that it is in the best interest of the public health, the Secretary may issue an order, within 10 calendar days of the applicable deadline or finding by the Secretary, requiring the developer of such in vitro clinical test, and any other appropriate person (including a distributor or retailer of the in vitro clinical test) to immediately-- ``(aa) cease distribution of the test pending approval of an application for premarket review of the test under section 587B; and ``(bb) notify health professionals and other user facilities of the order to cease distribution and advise health care professionals to cease use of such in vitro clinical test. ``(II) Hearing and review.--An order under subclause (I) shall provide the person subject to the order with an opportunity for an informal hearing, to be held not later than 10 days after the date of the issuance of the order, on the actions required by the order and on whether the order should be amended to require a recall of such in vitro clinical test. If, after providing an opportunity for such a hearing, the Secretary determines that inadequate grounds exist to support the actions required by the order, the Secretary shall terminate the order within 30 days of the hearing. Upon terminating an order, the Secretary shall provide written notice of such termination to the developer. ``(vii) Amendment to require recall.--If the Secretary determines that an order issued under clause (vi) should be amended to include a recall of the in vitro clinical test with respect to which the order was issued, the Secretary shall amend the order to require a recall. In such amended order, the Secretary shall specify a timeframe in which the in vitro clinical test recall will occur and shall require periodic reports to the Secretary describing the progress of the recall. Upon termination of the recall, the Secretary shall provide written notice of such termination to the developer. ``(viii) Effect of test approval.--Any order issued under this paragraph with respect to an in vitro clinical test shall cease to be in effect if such test is granted approval under section 587B, provided that the in vitro clinical test is developed and offered for clinical use in accordance with such approval. ``(5) Emergency use.-- ``(A) In general.--In the case of a determination under section 319(a) of the Public Health Service Act or a declaration under section 564(b) of this Act, an in vitro clinical test is exempt from the requirements of this subchapter and may be lawfully marketed in accordance with subparagraph (B). ``(B) Criteria.--An in vitro clinical test is exempt from the requirements of this subchapter and may be lawfully marketed in accordance with the exemption described in subparagraph (A) if-- ``(i) such test-- ``(I) is submitted for emergency use authorization under section 564(b); or ``(II) is developed and used in laboratories for which a certificate is in effect under section 353 of the Public Health Service Act to conduct high-complexity testing and the developer; and ``(ii) the developer-- ``(I) validates such in vitro clinical test prior to use; ``(II) notifies the Secretary of the assay validation; and ``(III) submits an emergency use authorization application under section 564 within 15 calendar days of marketing the test. ``(C) Disposition of product.--With respect to a previously unapproved in vitro clinical test or an in vitro clinical test with an unapproved use, for which an emergency use authorization under section 564(b) ceases to be effective, the Secretary shall consult with the manufacturer of such product with respect to the appropriate disposition of the product. ``(D) Streamlining of application review.--A developer may include any data or information already submitted to the Secretary within the emergency use authorization as a part of a premarket application under section 587B or a technology certification application under section 587D. ``(6) Effect on other laws.--Any in vitro clinical test that is lawfully marketed under this Act, including tests that are approved under section 587B, cleared pursuant to an active technology certification order under section 587D, or exempt from premarket review under an exemption in this section, shall be eligible for introduction into interstate commerce except as otherwise provided in this subchapter. ``(b) Components and Parts.-- ``(1) Exemption.-- ``(A) In general.--Subject to subparagraph (B), a component, part, or raw material described in section 201(ss)(1)(B)(v) is exempt from the requirements of this subchapter if it is-- ``(i) intended for further development as described in paragraph (2); or ``(ii) otherwise to be regulated based on its risk when used as intended by the developer, notwithstanding its subsequent use by a developer as a component, part, or raw material of another in vitro clinical test. ``(B) Inapplicability to other tests.-- Notwithstanding subparagraph (A), an in vitro clinical test that is described in section 201(ss)(1)(B) and that uses a component or part described in such subparagraph shall be subject to the requirements of this subchapter, unless the test is otherwise exempt under this section. ``(2) Further development.--A component, part, or raw material (as described in paragraph (1)(A)) is intended for further development (for purposes of such paragraph) if-- ``(A) it is intended solely for use in the development of another in vitro clinical test; and ``(B) in the case of such a test that is introduced or delivered for introduction into interstate commerce after the date of enactment of the Verifying Accurate Leading-edge IVCT Development Act of 2021, the labeling of such test bears the following statement: `This product is intended solely for further development of an in vitro clinical test and is exempt from FDA regulation. This product must be evaluated by the in vitro clinical test developer if it is used with or in the development of an in vitro clinical test.'. ``(c) Grandfathered Tests.-- ``(1) Exemption.--An in vitro clinical test that meets the criteria set forth in paragraph (2) is exempt from the requirements of this subchapter, except as provided under subsection (a)(4), the registration and listing requirements under section 587I, and the adverse reporting requirements under section 587L, and may be lawfully marketed subject to the other applicable requirements of this Act, if-- ``(A) each test report template for the test bears a statement of adequate prominence that reads as follows: `This in vitro clinical test was developed and first introduced prior to the date of enactment of the Verifying Accurate Leading-edge IVCT Development Act of 2021 and has not been reviewed by the Food and Drug Administration.'; and ``(B) the developer of the test-- ``(i) maintains documentation demonstrating that the test meets and continues to meet the criteria set forth in paragraph (2); and ``(ii) makes such documentation available to the Secretary upon request. ``(2) Criteria for exemption.--An in vitro clinical test is exempt as specified in paragraph (1) if the test-- ``(A)(i) was first offered for clinical use by such laboratory before the date of enactment of the Verifying Accurate Leading-edge IVCT Development Act of 2021; ``(ii) was developed by a clinical laboratory for which a certificate was in effect under section 353 of the Public Health Service Act that meets the requirements under such section 353 for performing high-complexity testing; and ``(iii) is performed-- ``(I) in the same clinical laboratory in which it was developed; ``(II) by another clinical laboratory for which a certificate is in effect under section 353 within the same corporate organization and having common ownership by the same parent corporation; or ``(III) by a laboratory within a public health laboratory network coordinated or managed by the Centers for Disease Control and Prevention; ``(B) does not have in effect an approval under section 515, a clearance under section 510(k), an authorization under section 513(f)(2), or an exemption under section 520(m); and ``(C) is not modified on or after the date of enactment of the Verifying Accurate Leading-edge IVCT Development Act of 2021 by its initial developer (or another person) in a manner such that the test is a new in vitro clinical test under subsection (l). ``(3) Modifications.--In the case of a modification to an in vitro clinical test that is exempt as specified in paragraph (1) or such modification is otherwise not subject to premarket review pursuant to section 587A(l), the test continues to qualify for such exemption if the person modifying such test-- ``(A) documents each such modification and maintains a summary of the basis for such determination; and ``(B) provides such documentation and summary to the Secretary upon request or inspection. ``(d) Tests Exempt From Section 510(k).-- ``(1) Exemption.--An in vitro clinical test is exempt from premarket review under section 587B and may be lawfully marketed subject to the other applicable requirements of this Act, if the in vitro clinical test-- ``(A)(i) was offered for clinical use prior to the date of enactment of the Verifying Accurate Leading- edge IVCT Development Act of 2021; and ``(ii) immediately prior to such date of enactment was exempt pursuant to subsection (l) or (m)(2) of section 510 from the requirements for submission of a report under section 510(k); or ``(B)(i) was not offered for clinical use prior to such date of enactment; ``(ii) is not a test platform; and ``(iii) falls within a category of tests that was exempt from the requirements for submission of a report under section 510(k) as of such date of enactment (including class II devices and excluding class I devices described in section 510(l)). ``(2) Effect on special controls.--For any in vitro clinical test, or category of in vitro clinical tests, that is exempt from premarket review based on the criteria in paragraph (2), any special control that applied to a device within a predecessor category immediately prior to the date of enactment of Verifying Accurate Leading-edge IVCT Development Act of 2021 shall be deemed a mitigating measure applicable under section 587E to an in vitro clinical test within the successor category, except to the extent such mitigating measure is withdrawn or changed in accordance with section 587E. ``(3) Near-patient testing.--Not later than 1 year after the date of enactment of the Verifying Accurate Leading-edge IVCT Development Act of 2021, the Secretary shall issue draft guidance indicating categories of tests that shall be exempt from premarket review under section 587B when offered for near- patient testing (point of care), which were not exempt from submission of a report under section 510(k) pursuant to subsection (l) or (m)(2) of section 510 and regulations imposing limitations on exemption for in vitro devices intended for near-patient testing (point of care). ``(e) Low-Risk Tests.-- ``(1) Exemption.--An in vitro clinical test is exempt from premarket review under section 587B and may be lawfully marketed subject to the other applicable requirements of this Act, including section 587I(b)(6), if such test meets the definition of low-risk under section 587. ``(2) List of low-risk tests.-- ``(A) In general.--The Secretary shall maintain, and make publicly available on the website of the Food and Drug Administration, a list of in vitro clinical tests, and categories of in vitro clinical tests, that are low-risk in vitro clinical tests for purposes of the exemption under this subsection. ``(B) Inclusion.--The list under subparagraph (A) shall consist of-- ``(i) all in vitro clinical tests and categories of in vitro clinical tests that are exempt from premarket review pursuant to subsection (d)(1) or (d)(3); and ``(ii) all in vitro clinical tests and categories of in vitro clinical tests that are designated by the Secretary pursuant to subparagraph (C) as low-risk for purposes of this subsection. ``(C) Designation of tests and categories.--Without regard to subchapter II of chapter 5 of title 5, United States Code, the Secretary may designate, in addition to the tests and categories described in subparagraph (B)(i), additional in vitro clinical tests, and categories of in vitro clinical tests, as low-risk in vitro clinical tests for purposes of the exemption under this subsection. The Secretary may make such a designation on the Secretary's own initiative or in response to a request by any person. In making such a designation for a test or category of tests, the Secretary shall consider-- ``(i) whether the test, or category of tests, is low-risk; and ``(ii) such other factors as the Secretary determines to be relevant to the protection of the public health. ``(f) Manual Tests.-- ``(1) Exemption.--An in vitro clinical test is exempt from all requirements of this subchapter if the output of such in vitro clinical test is the result of direct, manual observation, without the use of automated instrumentation or software for intermediate or final interpretation, by a qualified laboratory professional, and such in vitro clinical test-- ``(A) is designed, manufactured, and used within a single clinical laboratory for which a certificate is in effect under section 353 of the Public Health Service Act that meets the requirements under section 353 for performing high-complexity testing; ``(B) is not a high-risk test, or is a high-risk test that the Secretary has determined meets at least one condition in paragraph (2) and is otherwise appropriate for this exemption; and ``(C) is not intended for testing donors, donations, and recipients of blood, blood components, human cells, tissues, cellular-based products, or tissue-based products. ``(2) High-risk test limitation or condition.--A high-risk test may be exempt under paragraph (1) from the requirements of this subchapter only if-- ``(A) no component or part of such test, including any reagent, is introduced into interstate commerce under the exemption under subsection (b)(1) (relating to components or parts intended for further development), and any article for taking or deriving specimens from the human body used in conjunction with the test remains subject to the requirements of this subchapter; or ``(B) the test has been developed in accordance with the applicable test design and quality requirements under section 587J. ``(g) Humanitarian Test Exemption.-- ``(1) In general.--An in vitro clinical test is exempt from premarket review under section 587B and may be lawfully marketed subject to the other applicable requirements of this Act, if-- ``(A) such in vitro clinical test is intended for use for a disease or condition for which no more than 10,000 (or such other number determined by the Secretary) individuals would be subject to negative or positive diagnosis by such test in the United States per year; and ``(B) the developer of the test-- ``(i) maintains documentation (which may include literature citations in specialized medical journals, textbooks, specialized medical society proceedings, governmental statistics publications, or, if no such studies or literature citations exist, credible conclusions from appropriate research or surveys) demonstrating that such test meets and continues to meet the criteria described in this paragraph; and ``(ii) makes such documentation available to the Secretary upon request. ``(2) Cross-referenced tests.--In order to be eligible for an exemption under this subsection, the developer of a cross- referenced test shall submit a request under section 587H for informal feedback. ``(h) Custom Tests and Low-Volume Tests.--An in vitro clinical test is exempt from premarket review under section 587B, the quality requirements under section 587J, and the notification requirements under section 587I, and may be lawfully marketed subject to the other applicable requirements of this Act, if-- ``(1) such in vitro clinical test-- ``(A) is a low-volume test performed in a laboratory in which it was developed or developed in a laboratory within the same corporate organization with the laboratory in which such test is performed and is administered to no more than 5 patients per year, unless otherwise determined by the Secretary; or ``(B) is a custom test developed or modified to diagnose a unique pathology or physical condition of a specific patient for which no other in vitro clinical test is commercially available in the United States, and is-- ``(i) not intended for use with respect to other patients; and ``(ii) after the development of the custom test, not included in any test menu, template test report, or other promotional materials, and not otherwise advertised; and ``(2) the developer of the test-- ``(A) maintains documentation demonstrating that such test meets and continues to meet the applicable criteria described in paragraph (1); ``(B) makes such documentation, such as a prescription order requesting the custom test for an individual patient, available to the Secretary upon request; and ``(C) informs the Secretary, on an annual basis, in a manner prescribed by the Secretary by guidance, that such test was introduced into interstate commerce. ``(i) Public Health Surveillance Activities.-- ``(1) In general.--The provisions of this subchapter shall not apply to a test intended by the developer to be used solely for public health surveillance activities, including the collection and testing of information or biospecimens, conducted, supported, requested, ordered, required, or authorized by a public health authority. ``(2) Limitation.--The public health surveillance activities described in paragraph (1)-- ``(A) are limited to activities necessary to allow a public health authority to identify, monitor, assess, or investigate potential public health signals, onsets of disease outbreaks, or conditions of public health importance (including trends, risk factors, patterns in diseases, and increases in injuries from using consumer products); and ``(B) include activities associated with providing timely situational awareness and priority setting during the course of a threat to the public health (including natural or man-made disasters and deliberate attacks on the United States). ``(3) Exclusion.--An in vitro clinical test is not excluded from the provisions of this subchapter if such test is intended for use in making clinical decisions for individual patients. ``(j) Law Enforcement or Employer Testing.--An in vitro clinical test that is intended solely for use in forensic analysis, law enforcement activity, or employment purposes is exempt from the requirements of this Act. An in vitro clinical test that is intended for use in making clinical decisions for individual patients, or whose individually identifiable results may be reported back to an individual patient or the patient's health care provider, even if also intended for law enforcement or employment testing purposes, is not intended solely for use in law enforcement or employment testing for purposes of this subsection. ``(k) In Vitro Clinical Tests Under a Technology Certification Order.--An in vitro clinical test that is within the scope of a technology certification order, as described in section 587D(a), is exempt from premarket review under section 587B. ``(l) Modified Tests.-- ``(1) In general.--An in vitro clinical test that is modified, by the initial developer of the test or a different person, is a new in vitro clinical test subject to the requirements of this subchapter if the modification-- ``(A) affects the analytical or clinical validity of such test; ``(B) causes the test to no longer comply with applicable mitigating measures under section 587E or restrictions under section 587N; or ``(C) as applicable, affects the safety of an article for taking or deriving specimens from the human body for a purpose described in section 201(ss)(1). ``(2) Exemptions.--Notwithstanding paragraph (1), an in vitro clinical test that is modified by the initial developer of the test or a different person is not a new in vitro clinical test if the modification-- ``(A) is a software update that does not have an adverse effect on the analytical or clinical validity or result in an increased risk to patients and consumers; ``(B) is made pursuant to methods or criteria included in the change protocol premarket submission, amendment, or supplement approved by the Secretary for the in vitro clinical test being modified; ``(C) is a labeling change that is appropriate to address patient or user harm; or ``(D) is a specimen-related modification that-- ``(i) is made to extend specimen stability; or ``(ii) aligns with the data and information submitted in an approved application for premarket review under section 587B or a technology certification order issued under section 587D. ``(3) Documentation.--When a person modifies an in vitro clinical test that was developed by another person, such modified test is exempt from the requirements of this subchapter provided that such person-- ``(A) documents the modification that was made and the basis for determining that the modification, considering the changes individually and collectively, was not a type of modification described in paragraph (1); and ``(B) provides such documentation to the Secretary upon request or inspection. ``(m) Investigational Use.--An in vitro clinical test for investigational use is exempt from the requirements of this Act, except as provided in section 587R. ``(n) Transfer or Sale of In Vitro Clinical Tests.-- ``(1) Transfer and assumption of regulatory obligations.-- If ownership of an in vitro clinical test is sold or transferred in such manner that the developer transfers the regulatory submissions and obligations applicable under this subchapter with respect to the test, the transferee or purchaser becomes the developer of the test and shall have all regulatory obligations applicable to such a test under this subchapter. The transferee or purchaser shall update the registration and listing information under section 587I for the in vitro clinical test. ``(2) Transfer or sale of premarket approval.-- ``(A) Notice required.--If a developer of an in vitro clinical test transfers or sells the approval of the in vitro clinical test, the transferor or seller shall-- ``(i) submit a notice of the transfer or sale to the Secretary and update the registration and listing information under section 587I for the in vitro clinical test; and ``(ii) submit a supplemental application if required under section 587B(h). ``(B) Effective date of approval transfer.--A transfer or sale described in subparagraph (A) shall become effective upon completion of a transfer or sale described in paragraph (1) or the approval of a supplemental application under section 587B(h) if required, whichever is later. The transferee or purchaser shall update the registration and listing information under section 587I for the in vitro clinical test within 15 calendar days of the effective date of the transfer or sale. ``(3) Transfer or sale of technology certification.-- ``(A) Requirements for transfer or sale of technology certification.--An unexpired technology certification can be transferred or sold if the transferee or purchaser-- ``(i) is an eligible person under section 587D(b)(1); and ``(ii) maintains, upon such transfer or sale, the site, test design and quality requirements, processes and procedures under the scope of technology certification, and scope of the technology certification identified in the applicable technology certification order. ``(B) Notice required.--If a developer of an in vitro clinical test transfers or sells a technology certification order that has not expired, the transferor or seller shall submit a notice of the transfer or sale to the Secretary and shall update the registration and listing information under section 587I for all in vitro clinical tests covered by the technology certification. ``(C) Effective date of technology certification transfer.--The transfer of a technology certification shall become effective upon completion of a transfer or sale described in subparagraph (A). The transferee or purchaser shall update the registration and listing information under section 587I for the in vitro clinical test within 30 calendar days of the effective date of the technology certification transfer. ``(D) New technology certification required.--If the requirements of subparagraph (A)(ii) are not met, the technology certification order may not be transferred and the transferee or purchaser of an in vitro clinical test is required to submit an application for technology certification and obtain a technology certification order prior to offering the test for clinical use. ``(o) General Laboratory Equipment.--Any instrument that does not produce an analytical result, and that functions as a component of pre- analytical procedures related to in vitro clinical tests, is not subject to the requirements of this subchapter, provided that-- ``(1) the instrument is operating in a clinical laboratory that is certified under section 353 of the Public Health Service Act; and ``(2) the instrument can be serviced by the manufacturer of such instrument or, if that manufacturer is no longer in business, a third party with the ability to service such instrument. ``(p) Instrument Families.--In the case of an instrument family, premarket approval under section 587B(d) of one version of the in vitro clinical test is required, and previous and updated versions of the same test within such instrument family shall be deemed to be subject to the approval pursuant to that section, unless the Secretary determines otherwise, as set forth in guidance. ``(q) General Exemption Authority.--The Secretary may, by order published in the Federal Register following notice and an opportunity for comment, exempt a class of persons from any section under this subchapter upon a finding that such exemption is appropriate for the protection of the public health and other relevant considerations. ``(r) Regulations.--The Secretary may issue regulations to implement this subchapter. ``SEC. 587B. PREMARKET REVIEW. ``(a) In General.--No person shall introduce or deliver for introduction into interstate commerce any in vitro clinical test, unless-- ``(1) an approval of an application filed pursuant to subsection (c) or (d) is effective with respect to test; or ``(2) the test is exempt under section 587A from premarket review under this section. ``(b) Transparency and Predictability.-- ``(1) Pre-submission meeting or request for informal feedback.--Pursuant to section 587H, prior to filing an application under subsection (c) or (d), any person may request a meeting or written correspondence with the Secretary to discuss the eligibility of an in vitro clinical test for premarket review or other information related to the filing of an application. The Secretary shall respond to such request within 45 calendar days. ``(2) Streamlining of applications.-- ``(A) Premarket application and technology certification.--If a person files a premarket application under this section and provides any additional documentation required under section 587D, the in vitro clinical test that is the subject of the application may be utilized as the representative test reviewed by the Secretary to provide an approval for both a premarket application under this section and a technology certification order under section 587D. ``(B) Representative assays for premarket approval.--With respect to a technology certification application filed under section 587D, the representative test, as described in subparagraph (A), used to issue a technology certification order under section 587D shall be deemed a test with premarket approval under this section. ``(c) Application.-- ``(1) Filing.--Any person may file with the Secretary an application for premarket approval of an in vitro clinical test. ``(2) Application content.--An application submitted under paragraph (1) with respect to an in vitro clinical test shall include the following, in such format as the Secretary specifies: ``(A) General information regarding the in vitro clinical test, including-- ``(i) the name and address of the applicant; ``(ii) the table of contents for the application and the identification of the information the applicant claims as trade secret or confidential commercial or financial information; ``(iii) a description of the test's intended use; ``(iv) an explanation regarding test function and any significant performance characteristics; and ``(v) an explanation of how the development and validation activities support the test meeting the applicable standard. ``(B) A summary of the data and information in the application for the in vitro clinical test, including-- ``(i) a brief description of any existing alternative practices or procedures for diagnosing the disease or condition for which the in vitro clinical test is intended, as applicable; ``(ii) a brief description of the foreign and domestic marketing history of the test, if any, including a list of all countries in which the test has been marketed and a list of all countries in which the test has been withdrawn from marketing for any reason related to the applicable standard of the in vitro clinical test, if known by the applicant; ``(iii) a summary of the any studies submitted for such test, including a description of the objective of the study, a description of the experimental design of the study, a brief description of how the data were collected and analyzed, a brief description of the results of the technical data submitted, and a brief description of any nonclinical or clinical studies; ``(iv) a risk assessment of the test; and ``(v) conclusions drawn from any studies described in clause (iii), including a discussion demonstrating that the data and information in the application constitute valid scientific evidence and meet the applicable standard under section 587(2), an explanation of how the development and validation activities, as applicable, support that the test meets the applicable standard under section 587(2), and a discussion of any adverse effects of the test on health and proposals to mitigate those risks, if any. ``(C) The signature of the person filing the premarket application or an authorized representative. ``(D) A bibliography of all published reports reasonably known to the applicant related to such test and a discussion of data and information relevant to the evaluation of the applicable standard that may be met by such test. ``(E) A statement that the applicant believes to the best of the applicant's knowledge that all data and information submitted to the Secretary are truthful and accurate and that no material fact has been omitted in the application. ``(F) Except as provided under subsection (d), applicable information regarding the methods used in, or the facilities or controls used for, the development of the test to demonstrate compliance with the applicable quality requirements under section 587J. ``(G) Information demonstrating compliance with any relevant-- ``(i) mitigating measures under section 587E; and ``(ii) standards established or recognized under section 514 prior to the date of enactment of the Verifying Accurate Leading- edge IVCT Development Act of 2021, or, after applicable standards are established or recognized under section 587Q, with such standards. ``(H) Valid scientific evidence to support analytical and clinical validity of the test, which shall include-- ``(i) summary information for all supporting validation studies performed; ``(ii) raw data, such as tabulations of data and results as required under section 814.20(b)(6)(ii) of title 21, Code of Federal Regulations (or any successor regulations); ``(iii) for nonclinical laboratory studies involving the test, a statement that studies were conducted in compliance with applicable good laboratory practices; and ``(iv) for investigations involving human subjects, statements that any clinical investigation involving human subjects was conducted in compliance with applicable-- ``(I) institutional review board regulations; ``(II) informed consent regulations; and ``(III) investigational use requirements in section 587R. ``(I) To the extent the application seeks authorization to make modifications to the test within the scope of the approval, a change protocol that includes validation procedures and acceptance criteria for anticipated modifications that could be made to the test within the scope of the approval. ``(J) Proposed labeling, in accordance with the requirements of section 587K. ``(K) Such other data or information as the Secretary may require in accordance with the least burdensome requirements of subsection (j). ``(3) Guidance for premarket and special premarket applications.--In accordance with section 5 of the Verifying Accurate Leading-edge IVCT Development Act of 2021, the Secretary shall issue draft guidance detailing the information to be provided in a premarket application and special premarket application under this section. The Secretary shall issue final guidance not later than 90 calendar days after the close of the comment period for such guidance. ``(4) Refuse to file a premarket or special premarket application.--If, after receipt of an application under this section, the Secretary refuses to file such application, the Secretary shall provide to the developer, within 60 calendar days of receipt of such application, a description of the reason for such refusal, and identify the information required, if any, to allow for the filing of the application. ``(5) Substantive review for deficient application.--If, after receipt of an application under this section, the Secretary determines that any portion of such application is deficient, the Secretary shall provide to the applicant, within 75 calendar days of receipt of such application, a description of such deficiencies and identify the information required to correct such deficiencies. ``(d) Special Premarket Review.-- ``(1) In general.--Any person may file with the Secretary an application for special premarket approval for-- ``(A) an instrument; ``(B) a specimen receptacle; ``(C) an in vitro clinical test eligible for a technology certification order under section 587D; or ``(D) a first-of-a-kind test (unless it is a high- risk test), a direct-to-consumer test, or cross- referenced test that does not have mitigating measures. ``(2) Application content.--An application under paragraph (1) shall include-- ``(A) the information required for applications submitted under subsection (c)(2), except that applications under paragraph (1) need not include-- ``(i) quality requirement information; or ``(ii) raw data unless explicitly requested by the Secretary; ``(B) in the case of a specimen receptacle, safety information; and ``(C) data, as applicable, to support software validation, electromagnetic compatibility, and electrical safety, and information demonstrating compliance with maintaining quality systems documentation. ``(3) Inspections.--With respect to an application under paragraph (1), preapproval inspections authorized by an employee of the Food and Drug Administration or a person accredited under section 587P need not occur unless requested by the Secretary. ``(e) Instrument Family.--When an in vitro clinical test has been approved, or is otherwise legally marketed, for use on a specific approved or legally marketed instrument within an instrument family, a submission under this section shall not be required for that in vitro clinical test in order for it to be used on a new instrument within that instrument's family. ``(f) Amendments to an Application.-- ``(1) In general.--An applicant may amend an original or supplemental application under subsection (c) or (d). ``(2) Required amendment or supplement.--An applicant shall amend or supplement an application submitted under subsection (c) or (d) if the applicant becomes aware of information that-- ``(A) could reasonably affect an evaluation of whether the applicable standard has been met; or ``(B) could reasonably affect the statement of contraindications, warnings, precautions, and adverse reactions in the proposed labeling. ``(3) Request for amendment or supplement.--The Secretary may request that an applicant amend or supplement an application under subsection (c) or (d) with any information necessary for review under this section. ``(g) Action on an Application for Premarket Approval.-- ``(1) Review.-- ``(A) Disposition.--As promptly as possible, but not later than 90 calendar days after an application under subsection (c) is accepted for submission (unless the Secretary determines that an extension is necessary to review one or more major amendments to the application), or not later than 60 calendar days after an application under subsection (d) is accepted for submission, the Secretary, after considering any applicable report and recommendations pursuant to advisory committees under section 587G, or prior to the establishment of such advisory committees, any recommendations by a classification panel under section 513, shall issue an order approving the application, unless the Secretary finds that the grounds for approval in paragraph (2) are not met. ``(B) Reliance on proposed labeling.--In determining whether to approve or deny an application under paragraph (1), the Secretary shall rely on the intended use included in the proposed labeling, provided that such labeling is not false or misleading based on a fair evaluation of all material facts. ``(2) Approval of an application.-- ``(A) In general.--The Secretary shall approve an application submitted under subsection (c) with respect to an in vitro clinical test if the Secretary finds that there is a reasonable assurance that the applicable standard is met, and-- ``(i) except as provided under subsection (d), the applicant is in compliance with applicable quality requirements in section 587J or as otherwise specified in a condition of approval, or maintains the documentation required to be in compliance with such requirements if the applicant is not required to submit such documentation as a part of the application under this section; ``(ii) the application does not contain a false statement of material fact; ``(iii) based on a fair evaluation of all material facts, the proposed labeling is truthful and non-misleading and complies with the requirements of section 587K; ``(iv) except as provided under subsection (d), the applicant permits, if requested, authorized employees of the Food and Drug Administration and persons accredited under section 587P an opportunity-- ``(I) to inspect at a reasonable time and in a reasonable manner the facilities and all pertinent equipment, finished and unfinished materials, containers, and labeling therein, including all things (including records, files, papers, and controls) bearing on whether an in vitro clinical test is adulterated, misbranded, or otherwise in violation of this Act; and ``(II) to view and to copy and verify all records pertinent to the application and the in vitro clinical test; ``(v) the test conforms with any applicable performance standards under section 587Q and any applicable mitigating measures under section 587E; and ``(vi) all nonclinical laboratory studies and clinical investigations involving human subjects that are described in the application were conducted in a manner that meets the requirements of this section. ``(B) Conditions of approval.--An order approving an application pursuant to this paragraph may require conditions of approval for the in vitro clinical test, including conformance with performance standards under section 587Q and restrictions under section 587N. ``(C) First-of-a-kind test.--For a first-of-a-kind in vitro clinical test, an order approving an application pursuant to this paragraph-- ``(i) may impose requirements for tests with the same indications for use, including conformance with performance standards under section 587Q and mitigating measures under section 587E, and comply with restrictions under section 587N; and ``(ii) shall indicate whether subsequent in vitro clinical tests with the same intended use may meet an exemption set forth in section 587A. ``(D) Publication.--The Secretary shall publish each order approving an application pursuant to this paragraph on the public website of the Food and Drug Administration and make publicly available a summary of the data used to grant the approval, except to the extent the Secretary determines that such order-- ``(i) contains commercially confidential or trade secret information; or ``(ii) relates to national security or countermeasures is restricted from disclosure pursuant to statutory provisions other than this section. ``(3) Review of denials.--An applicant whose application submitted under subsection (c) or (d) has been denied approval may, by petition filed not more than 60 calendar days after the date on which the applicant receives notice of such denial, obtain review of the denial in accordance with section 587O. ``(h) Supplements to an Application.-- ``(1) Risk analysis.--Prior to implementing any modification to an in vitro clinical test, the holder of the application approved under subsection (c) or (d) for such test shall perform risk analyses in accordance with section 587J, unless such modification is included in the change protocol submitted by the applicant and approved under this section or exempt under section 587A(l). ``(2) Supplement requirement.-- ``(A) In general.--Except as provided in subparagraph (B), or otherwise specified by the Secretary, the holder of the application approved under subsection (g) for an in vitro clinical test shall submit to the Secretary and receive approval of a supplement before implementing a modification to the test, unless such modification is exempt under section 587A(l). ``(B) Adjustments to change protocol.--A person may submit under this paragraph a supplemental application adjusting the change protocol of the test at any time after the initial filing of an application under subsection (c) or (d). ``(C) Exceptions.--Subject to subparagraphs (D) and (E), and so long as the holder of an approved application submitted under subsection (c) or (d) for an in vitro clinical test does not add a manufacturing site, or change activities at an existing manufacturing site, with respect to the test, the holder may, without prior approval of a supplement, implement the following modifications to the test: ``(i) Modifications included in and implemented in accordance with an approved change protocol under subsection (c)(2)(I). ``(ii) Modifications that do not change-- ``(I) the analytical or clinical validity of the test; ``(II) the intended use of the test unless provided under an approved change protocol under subsection (c)(2)(I); or ``(III) the safety of the specimen receptacles. ``(iii) Labeling changes to appropriately address a safety concern. ``(iv) Modifications that are exempt under section 587A(l). ``(D) Reporting for change protocol modifications.--As a component of the report required under subsection (k), the holder of an application approved under subsection (g) for an in vitro clinical test shall-- ``(i) report any modification to the test described in clause (i) or (ii) of subparagraph (C) in the next annual report for the test under subsection (k) following the date on which the test, with such modification, is introduced into interstate commerce; and ``(ii) include in such report-- ``(I) a description of the modification; and ``(II) as applicable, a summary of the analytical validity and clinical validity of the test, as modified, and any changes to acceptance criteria. ``(E) Reporting for other category of exceptions.-- The holder of the application approved under subsection (c) or (d) for an in vitro clinical test shall-- ``(i) report to the Secretary any modification to the test described in clause (iii) of subparagraph (C) not more than 60 days after the date on which the test, with the modification, is introduced into interstate commerce; and ``(ii) include in the report-- ``(I) a summary of the relevant change or changes; ``(II) the rationale for implementing such change or changes; and ``(III) a description of how the change or changes were evaluated. ``(F) Request for supplement.--Upon review of the information received under subparagraph (D) and a finding that the relevant modification is inconsistent with the standard specified under subparagraph (C), the Secretary may require a supplement under subparagraph (A). If the Secretary determines that a supplement under subparagraph (A) is required, the Secretary shall notify the applicant of such determination. Such notification shall include a justification for the submission of a supplement. Prior to the submission of a supplement under this subparagraph, the applicant may request a meeting or written correspondence to gain agency feedback as to the necessity of such supplemental filing. The Secretary shall respond to such meeting request within 30 calendar days of receipt. ``(3) Contents of supplement.--Unless otherwise specified by the Secretary, a supplement under this subsection shall include-- ``(A) for modifications other than manufacturing site changes-- ``(i) a description of the modification; ``(ii) data to demonstrate that the applicable standard is met; ``(iii) acceptance criteria; and ``(iv) any revised labeling; and ``(B) for manufacturing site changes-- ``(i) the information listed in subparagraph (A); and ``(ii) information regarding the methods used in, or the facilities or controls used for, the development of the test to demonstrate compliance with the applicable quality requirements under section 587J. ``(4) Additional data.--The Secretary may require, when necessary, data to evaluate a modification to an in vitro clinical test that is in addition to the data otherwise required under the preceding paragraphs if the data request is in accordance with the least burdensome requirements under subsection (j). ``(5) Conditions of approval.--In an order approving a supplement under this subsection, the Secretary may require conditions of approval for the in vitro clinical test, including compliance with restrictions under section 587N and conformance to performance standards under section 587Q. ``(6) Approval.--The Secretary shall approve a supplement under this subsection if-- ``(A) the data demonstrate that the modified in vitro clinical test meets the applicable standard; and ``(B) the holder of the application approved under subsection (g) for the test has demonstrated compliance with applicable quality and inspection requirements, as applicable and appropriate. ``(7) Publication.--The Secretary shall publish on the public website of the Food and Drug Administration notice of any order approving a supplement under this subsection, except that such publication shall exclude-- ``(A) commercial confidential or trade secret information; and ``(B) any other information that the Secretary determines to relate to national security or countermeasures or to be restricted from disclosure pursuant to another provision of law. ``(8) Review of denial.--An applicant whose supplement under this subsection has been denied approval may, by petition filed on or before the 60th calendar day after the date upon which the applicant receives notice of such denial, obtain review of the denial in accordance with section 587O. ``(i) Withdrawal and Temporary Suspension of Approval.-- ``(1) Order withdrawing approval.-- ``(A) In general.--The Secretary may, within 10 calendar days of providing due notice and an opportunity for an informal hearing to the holder of an approved application for an in vitro clinical test under this section, issue an order withdrawing approval of the application if the Secretary finds that-- ``(i) the grounds for approval under subsection (g) are no longer met; or ``(ii) there is a reasonable likelihood that the test would cause death or serious adverse health consequences, including by causing the absence, delay, or discontinuation of life-saving or life sustaining medical treatment. ``(B) Content.--An order under subparagraph (A) withdrawing approval of an application shall state each ground for withdrawal and shall notify the holder of such application 60 calendar days prior to issuing such order. ``(C) Publication.--The Secretary shall publish any order under subparagraph (A) on the public website of the Food and Drug Administration, except that such publication shall exclude-- ``(i) commercial confidential or trade secret information; and ``(ii) any other information that the Secretary determines to relate to national security or countermeasures or to be restricted from disclosure pursuant to another provision of law. ``(2) Order of temporary suspension.--If, after providing due notice and an opportunity for an informal hearing to the holder of an approved application for an in vitro clinical test under this section, the Secretary determines there is a reasonable likelihood that the in vitro clinical test would cause death or serious adverse health consequences, including by causing the absence, delay, or discontinuation of life- saving or life-sustaining medical treatment, the Secretary shall by order temporarily suspend the approval of the application. If the Secretary issues such an order, the Secretary shall proceed expeditiously under paragraph (1) to withdraw approval of such application. ``(j) Least Burdensome Requirements.-- ``(1) In general.--In carrying out this subchapter, the Secretary shall consider the least burdensome means necessary to provide a reasonable assurance of analytical and clinical validity, or applicable standard, and other regulatory requirements, as determined by the Secretary. ``(2) Necessary defined.--For purposes of paragraph (1) and paragraph (3), the term `necessary' means the minimum required information that would support a determination by the Secretary that the application provides a reasonable assurance of analytical and clinical validity, or other applicable standard or regulatory requirement, as determined by the Secretary. ``(3) Consideration of role of postmarket information.--For purposes of this subsection, the Secretary shall consider the role of postmarket information in determining the least burdensome appropriate means necessary to demonstrate that the applicable standard and other regulatory requirements have been met. ``(k) Annual Report.-- ``(1) In general.--Unless the Secretary specifies otherwise, the holder of an approved application under this section shall submit an annual report each year at a time designated by the Secretary in the approval order. Such report shall-- ``(A) identify all modifications required to be reported that an approved application holder has made to any test that is covered by the approval order, including any modification that requires a supplement under subsection (h)(2); and ``(B) include any other information required by the Secretary. ``(2) Exception.--The annual reporting requirement in paragraph (1) shall not apply to in vitro clinical tests that are deemed to have a premarket approval based on a prior approval under section 515(c), clearance under section 510(k), or authorization under section 513(f) of this Act, or that are grandfathered under 587A(c). ``(l) Service of Orders.--Orders of the Secretary under this section with respect to applications under subsection (c) or (d) or supplements under subsection (h) shall be served-- ``(1) in person by any officer or employee of the Department of Health and Human Services designated by the Secretary; or ``(2) by mailing the order by registered mail or certified mail or electronic equivalent addressed to the applicant at the last known address in the records of the Secretary. ``SEC. 587C. BREAKTHROUGH IN VITRO CLINICAL TESTS. ``(a) In General.--The purpose of this section is to encourage the Secretary to apply efficient and flexible approaches to expedite the development of, and prioritize the review of, in vitro clinical tests that represent breakthrough technologies, and to provide the Secretary with sufficient authority to do so. ``(b) Establishment of Program.--The Secretary shall establish a program to expedite the development of, and provide for the priority review of, in vitro clinical tests. ``(c) Eligibility.--The program developed under subsection (b) shall be available for any in vitro clinical test that-- ``(1) provides or enables more effective treatment or diagnosis of life-threatening or irreversibly debilitating human disease or conditions compared to existing approved or precertified alternatives; and ``(2) is a test-- ``(A) that represents a breakthrough technology; ``(B) for which no approved or precertified alternative exists; ``(C) that offers a clinically meaningful advantage over existing approved or precertified alternatives, including the potential, compared to existing approved or precertified alternatives, to reduce or eliminate the need for hospitalization, improve patient quality of life, facilitate patients' ability to manage their own care (such as through self-directed personal assistance), or establish long-term clinical efficiencies; or ``(D) the availability of which is in the best interest of patients or public health. ``(d) Designation.-- ``(1) Request.--To receive breakthrough approval under this section, an applicant may request that the Secretary designate the in vitro clinical test for expedited development and priority review. Any such request for designation may be made at any time prior to the submission of an application under section 587B, and shall include information demonstrating that the test is eligible for designation under subsection (c). ``(2) Determination.--Not later than 60 calendar days after the receipt of a request under paragraph (1), the Secretary shall determine whether the in vitro clinical test that is the subject of the request meets the criteria described in subsection (c). If the Secretary determines that the test meets the criteria, the Secretary shall designate the test for expedited development and priority review. ``(3) Review.--Review of a request under paragraph (1) shall be undertaken by a team that is composed of experienced staff and senior managers of the Food and Drug Administration. ``(4) Withdrawal.-- ``(A) In general.--The designation of an in vitro clinical test under this subsection is deemed to be withdrawn, and such in vitro clinical test shall no longer be eligible for designation under this section, if an application for approval under section 587B is denied. Such test shall be eligible for designation upon a new request for such designation. ``(B) Exception.--The Secretary may not withdraw a designation granted under this subsection based on the subsequent approval or technology certification of another test that-- ``(i) is designated under this section; or ``(ii) was given priority review under section 515B. ``(e) Actions.--For purposes of expediting the development and review of in vitro clinical tests under this section, the Secretary may take the actions and additional actions set forth in paragraphs (1) and (2), respectively, of section 515B(e) when reviewing such tests. Any reference or authorization in section 515B(e) with respect to a device shall be deemed a reference or authorization with respect to an in vitro clinical test for purposes of this section. ``(f) Guidance.-- ``(1) In general.--Not later than one year after the date of enactment of the Verifying Accurate Leading-edge IVCT Development Act of 2021, the Secretary shall issue draft guidance on the implementation of this section. Such guidance shall-- ``(A) set forth the process by which a person may seek a designation under subsection (d); ``(B) provide a template for request under subsection (d); ``(C) identify the criteria the Secretary will use in evaluating a request for designation; and ``(D) identify the criteria and processes the Secretary will use to assign a team of staff, including team leaders, to review in vitro clinical tests designated for expedited development and priority review, including any training required for such personnel to ensure effective and efficient review. ``(2) Process.--Prior to finalizing the guidance under paragraph (1), the Secretary shall seek public comment on the draft guidance. The Secretary shall issue final guidance one year after the close of the comment period for the draft guidance. ``(g) Annual Report.--Unless otherwise specified by the Secretary, the requirements under section 587B(k) apply to in vitro clinical tests designated under this section. ``(h) Service of Orders.--Orders of the Secretary under this section shall be served-- ``(1) in person by any officer or employee of the Department of Health and Human Services designated by the Secretary; or ``(2) by mailing the order by registered mail or certified mail or electronic equivalent addressed to the applicant at his last known address in the records of the Secretary. ``SEC. 587D. TECHNOLOGY CERTIFICATION. ``(a) In General.-- ``(1) Eligibility.--Any eligible person may seek a technology certification order in accordance with this section. ``(2) Exception.--An in vitro clinical test is exempt from premarket review under section 587B and may be introduced into interstate commerce if the developer is eligible under this section and the in vitro clinical test-- ``(A) is an eligible in vitro clinical test under subsection (b)(2); and ``(B) falls within the scope of a technology certification order issued under this section that is in effect. ``(b) Eligibility.-- ``(1) Eligible person.--In this section, the term `eligible person' means an in vitro clinical test developer unless, at the time such person seeks or would seek technology certification order, the person-- ``(A) has been found to have committed a significant violation of section 353 of the Public Health Service Act, unless-- ``(i) such violation occurred more than 5 years prior to the date on which such technology certification order is or would be sought; or ``(ii) such violation has been resolved; ``(B) fails to maintain required certifications under section 353 of the Public Health Service Act, as applicable; or ``(C) has been found to have submitted information to the Secretary that-- ``(i) makes false or misleading statements about a technology certification order previously issued or an application approved under section 587B; or ``(ii) violates any requirement of this subchapter, where such violation exposes individuals to serious risk of illness, injury, or death. ``(2) Technology certification eligibility limitations.--An in vitro clinical test is not eligible under subsection (a)(2) for exemption from premarket review under section 587B, if-- ``(A) such test is-- ``(i) a component or part of an in vitro clinical test as described in section 201(ss)(1)(B)(v); ``(ii) an instrument under section 201(ss)(1)(B)(ii); ``(iii) a specimen receptacle under section 201(ss)(1)(B)(iii); ``(iv) an in vitro clinical test, including reagents used in such tests, intended for use for testing donors, donations, and recipients of blood, blood components, human cells, tissues, cellular-based products, or tissue- based products; or ``(v) a high-risk in vitro clinical test without mitigating measures under section 587E, which may include first-of-a-kind in vitro clinical tests, home use in vitro clinical tests, cross-referenced in vitro clinical tests, and direct-to-consumer in vitro clinical tests. ``(c) Public Meeting and Input.-- ``(1) Public docket.--Not later than 30 days after the date of enactment of the Verifying Accurate Leading-edge IVCT Development Act of 2021, the Secretary shall establish a public docket to receive comments concerning recommendations for implementation of this section, including criteria and procedures for subsections (e) through (j). The public docket shall remain open for the duration of time that this section remains in effect. ``(2) Public meeting.--Not later than 180 days after the date of enactment of the Verifying Accurate Leading-edge IVCT Development Act of 2021, the Secretary shall convene a public meeting to which stakeholders from organizations representing patients and consumers, academia, and the in vitro clinical test industry are invited in order to discuss the technology certification process including application requirements, inspections, alignment with third-party accreditors, and the definition of `technology' under section 587(17). ``(d) Regulations.--The Secretary shall issue regulations on technology certification including describing criteria or procedures relating to technology certification under this section, which shall be subject to public comment for a minimum of 60 days from issuance prior to finalizing such regulations after considering the comments received. The regulation shall include an outline of the application and recertification process, opportunities to meet with officials of the Food and Drug Administration and plans to streamline inspections. ``(e) Application for Technology Certification.-- ``(1) In general.--A person seeking a technology certification order shall submit an application under this subsection, which shall contain the information specified under paragraph (2). ``(2) Content of application.--An application for technology certification shall contain-- ``(A) a statement identifying the scope of the proposed technology certification, which shall be no broader than a single technology intended to be offered under the application; ``(B) information describing that the person seeking a technology certification order is an eligible person under subsection (b)(1); ``(C) information describing that the methods used in, and the facilities and controls used for, the development of eligible in vitro clinical tests covered by the scope of the technology certification conform to the applicable quality requirements of section 587J; ``(D) procedures for analytical validation, including all procedures for validation, verification, and acceptance criteria, and an explanation as to how such procedures, when used, provide a reasonable assurance of analytical validity of eligible in vitro clinical tests within the proposed scope of the technology certification order; ``(E) procedures for clinical validation, including all procedures for validation, verification, and acceptance criteria, and an explanation as to how such procedures, when used, provide a reasonable assurance of clinical validity of eligible in vitro clinical tests within the proposed scope of the technology certification order; ``(F) a submission under section 587I(b) for each in vitro clinical test that the developer intends to introduce into interstate commerce upon receiving a technology certification order; ``(G) information concerning one or more representative in vitro clinical tests, including-- ``(i) a test within the scope of the technology certification application with the appropriate analytical complexity at the time of the filing of the application under this section to serve as the representative test and validate and run within the developer's stated scope; ``(ii) the information specified in subsection (c) or (d) of section 587B, as applicable, for the representative in vitro clinical test or tests, including information and data required pursuant to subsection (c)(2)(H) of section 587B, unless the Secretary determines that such information is not necessary; ``(iii) an explanation of the choice of the representative in vitro clinical test or tests for the technology certification application and how such test adequately demonstrates the range of procedures that the developer includes in the application under subparagraphs (C), (D), (E), and (F); and ``(iv) a brief explanation of the ways in which the procedures included in the application under subparagraphs (C), (D), (E), and (F) have been applied to the representative in vitro clinical test or tests; ``(H) such other information as the Secretary may determine necessary; and ``(I) a statement that the applicant believes to the best of the applicant's knowledge that all data and information submitted to the Secretary are truthful and accurate and that no material fact has been omitted. ``(3) Reference to approved premarket application under section 587b.--With respect to the content requirements in the technology certification application described in paragraph (2), a developer may incorporate by reference any content of an application previously submitted by the developer and approved under section 587B. ``(f) Action on an Application for Technology Certification.-- ``(1) Secretary response.-- ``(A) In general.--As promptly as practicable, and no later than 90 days after receipt of an application under subsection (c), the Secretary shall-- ``(i) issue a technology certification order granting the application, which shall specify the scope of the technology certification, if the Secretary finds that all of the grounds in paragraph (3) are met; or ``(ii) deny the application if the Secretary finds (and sets forth the basis of such finding as part of or accompanying such denial) that one or more grounds for granting the application specified in paragraph (3) are not met. ``(B) Extension.--The timeline described in subparagraph (A) may be extended by mutual agreement between the Secretary and the applicant. ``(2) Deficient applications.-- ``(A) If, after receipt of an application under this section, the Secretary determines that any portion of such application is deficient, the Secretary, not later than 60 days after receipt of such application, shall provide to the applicant a description of such deficiencies and identify the information required to correct such deficiencies. ``(B) When responding to the deficiency letter, the applicant may convert the application for technology certification under subsection (c) into a premarket application under section 587B. ``(3) Technology certification order.--The Secretary shall grant a technology certification order under this section if, on the basis of the information submitted to the Secretary as part of the application and any other information with respect to such applicant, the Secretary finds that-- ``(A) in accordance with subsection (e)(2)(D), there is a showing of reasonable assurance of analytical validity for all eligible in vitro clinical tests within the proposed scope of the technology certification, as evidenced by the procedures for analytical validation; ``(B) in accordance with subsection (e)(2)(E), there is a showing of reasonable assurance of clinical validity for eligible in vitro clinical tests within the proposed scope of the technology certification, as evidenced by the clinical program, including procedures for clinical validation; ``(C) the methods used in, or the facilities or controls used for, the development of eligible in vitro clinical tests covered by the proposed scope of the technology certification conform to the applicable requirements of section 587J; ``(D) based on a fair evaluation of all material facts, the applicant's proposed labeling and advertising is not false or misleading in any particular; ``(E) the application does not contain a false statement of material fact; ``(F) there is a showing that the representative in vitro clinical test or tests-- ``(i) meet the applicable standard for such order; and ``(ii) reasonably represent the range of procedures for analytical validation and clinical validation included in the application, as applicable; and ``(G) the applicant permits authorized employees of the Food and Drug Administration or persons accredited under this Act an opportunity to inspect at a reasonable time and in a reasonable manner the facilities and all pertinent equipment, finished and unfinished materials, containers, and labeling therein, including all things (including records, files, papers, and controls) bearing on whether an in vitro clinical test is adulterated, misbranded, or otherwise in violation of this Act, and permits such authorized employees or persons accredited under this Act to view and to copy and verify all records pertinent to the application and the in vitro clinical test. ``(4) Effect of technology certification order.--An in vitro clinical test or tests within the scope of a granted technology certification order are cleared to be introduced into interstate commerce. ``(5) Review of denials.--If the Secretary denies an application for technology certification, including an application for renewal under subsection (g), the Secretary will provide a summary of deficiencies on which the Secretary based its denial. An applicant whose application has been denied may, by petition filed on or before the date that is 30 calendar days after the date upon which such applicant receives notice of such denial, obtain review thereof in accordance with section 587O. ``(g) Duration; Subsequent Submissions.-- ``(1) Order duration.--A technology certification order shall remain in effect until the earlier of-- ``(A) the expiration of such technology certification order under paragraph (2); or ``(B) the withdrawal of such technology certification order under subsection (j). ``(2) Expiration.-- ``(A) An initial technology certification order issued under subsection (f)(3) shall expire 4 years after the date that such order is issued, except that if an application for renewal under paragraph (3) has been received not later than 30 days prior to the expiration of such order under this paragraph, such order shall expire on the date on which the Secretary has granted or denied the application for renewal. Any such subsequent renewal of a technology certification shall expire on such date specified by the Secretary that is not later than 4 years after the date that such technology certification order is issued. ``(B) In the event of expiration of technology certification order, the clearance of tests introduced into interstate commerce under such order prior to its expiration pursuant to subsection (f)(3) remain in effect. ``(3) Renewal.-- ``(A) In general.--Any person previously granted a technology certification order in effect may seek renewal of such order provided that-- ``(i) such person is an eligible person under subsection (b)(1); ``(ii) the previously granted technology certification order-- ``(I) is not on temporary hold under subsection (i); and ``(II) was not withdrawn under subsection (j); and ``(iii) none of the information specified in subsection (e)(2) has substantially changed, except as described in supplements to orders granted under paragraph (4). ``(B) Content.--An application for renewal under this paragraph shall include information concerning one or more representative in vitro clinical tests in accordance with subsection (e)(2)(G), except that such representative test or tests shall be different from the representative test or tests relied upon as the representative assay in any prior technology certification, if applicable. ``(C) Process.--The Secretary's action on an application for renewal of technology certification under this paragraph shall be conducted, to the extent practicable, in coordination with inspections conducted under section 353 of the Public Health Service Act, if applicable, and any order resulting from such renewal application shall be treated as a technology certification order for purposes of this subchapter. ``(4) Supplements and reports.-- ``(A) Supplements.--Except as provided in subparagraph (B), any person with a technology certification order in effect may seek a supplement to such order upon a change or changes to the information provided in the application for technology certification under subparagraphs (C), (D), and (E) of subsection (e)(2), provided that-- ``(i) such person is an eligible person under subsection (b)(1); and ``(ii) such change does not expand the scope of the technology certification, unless the Secretary determines that such expansion is appropriate. A supplement to an order may contain only information relevant to the change or changes. The Secretary's action on a supplement shall be in accordance with subsection (f), and any order resulting from such supplement shall be treated as an amendment to a technology certification order that is in effect. ``(B) Reports.-- ``(i) In general.--If a change is made to an in vitro clinical test or tests that is beyond the scope of a technology certification order but is made in order to address a potential risk to public health by adding a new specification or test method, the person may immediately implement such change or changes and shall report such changes or changes to the Secretary within 30 days. ``(ii) Content.--Any report to the Secretary under this subparagraph shall include-- ``(I) a summary of the relevant change or changes; ``(II) the rationale for implementing such change or changes; ``(III) a description of how the change or changes were evaluated; and ``(IV) data indicating analytical and clinical validity. ``(iii) Supplemental reports.--Upon review of such report and a finding that the relevant change or changes are inconsistent with the standard specified under this subparagraph, the Secretary may require a supplement under subparagraph (A). ``(h) Maintenance Requirements.--For the duration of a technology certification order, a holder of a technology certification order shall-- ``(1) use the procedures included in the relevant application, supplement, or report under subsections (b) and (e); ``(2) ensure compliance with any applicable mitigating measures; ``(3) maintain, and provide to the Secretary upon request, records related to any in vitro clinical test offered under the technology certification order, where those records are necessary to demonstrate compliance with applicable provisions of this subchapter; and ``(4) comply with the listing requirements under section 587I for each in vitro clinical test offered under the technology certification order. ``(i) Temporary Hold.-- ``(1) In general.--Upon one or more findings under paragraph (4) and after promptly notifying the developer of such findings, the Secretary may issue a temporary hold prohibiting any holder of a technology certification order from introducing into interstate commerce an in vitro clinical test that was not previously the subject of a notification under section 587I. The temporary hold must identify the grounds for the temporary hold under paragraph (4) and the rationale for such finding, and may only remain in place until the Secretary responds to a written request under paragraph (3). ``(2) Notification to the developer.--The Secretary shall not place a temporary hold under this subsection unless the Secretary has promptly notified the developer of such hold and provided 30 calendar days for the developer to come into compliance with or resolve the findings under paragraph (4). ``(3) Written requests.--Any written request to the Secretary from the holder of a technology certification order that a temporary hold under paragraph (1) be removed shall receive a decision, in writing and specifying the reasons therefore, within 90 days after receipt of such request. Any such request shall include information to support the removal of the temporary hold. ``(4) Grounds for temporary hold.--A temporary hold under this subsection may be instated upon a finding or findings that the holder of a technology certification order-- ``(A) is not in compliance with any maintenance requirements under subsection (h); ``(B) labels or advertises one or more in vitro clinical tests with false or misleading claims; or ``(C) is no longer an eligible person under subsection (b)(1). ``(j) Withdrawal.--The Secretary may, after due notice and opportunity for informal hearing, issue an order withdrawing a technology certification order if the Secretary finds that-- ``(1) the application, supplement, or report under subsection (e) or (g) contains materially false or misleading information or fails to reveal a material fact; ``(2) such holder fails to correct materially false or misleading labeling or advertising upon the request of the Secretary; ``(3) in connection with a technology certification, the holder provides materially false or misleading information to the Secretary; or ``(4) the holder of such technology certification order fails to correct the grounds for temporary hold within a timeframe specified in the temporary hold order. ``(k) Reports to Congress.-- ``(1) In general.--Not later than one year after date of enactment of the Verifying Accurate Leading-edge IVCT Development Act of 2021, and annually thereafter for the next 4 years, the Secretary shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, and make publicly available, including through posting on the website of the Food and Drug Administration, a report containing the information described in paragraph (2). ``(2) Content.-- ``(A) In general.--Each report under paragraph (1) shall address, at a minimum-- ``(i) the total number of applications for technology certifications filed, granted, withdrawn and denied; ``(ii) the total number of technology certification orders put on temporary hold under subsection (i) and the number of technology certification orders withdrawn under subsection (j); ``(iii) the types of technologies for which technology certification orders were granted; ``(iv) the total number of developers, including laboratories, with technology certification orders in effect; and ``(v) the total number of approved tests under section 587B that were reclassified and granted a technology certification order under this section. ``(B) Final report.--The fifth report submitted under paragraph (1) shall include a summary of, and responses to, comments raised in the meeting and docket. ``(C) Performance reports.--The reports required under this section may be issued with performance reports as required under section 9 of the Verifying Accurate Leading-edge IVCT Development Act of 2021. ``SEC. 587E. MITIGATING MEASURES. ``(a) Establishment of Mitigating Measures.-- ``(1) Establishing, changing, or withdrawing.-- ``(A) Establishment.--If the Secretary requires the establishment of mitigating measures pursuant to clause (i) or (ii) of section 587(15)(A) for any in vitro clinical test, the Secretary may require such mitigating measures for any other in vitro clinical test with the same indications for use. ``(B) Process.--Notwithstanding subchapter II of chapter 5 of title 5, United States Code, the Secretary may-- ``(i) establish, change, or withdraw mitigating measures by-- ``(I) publishing a proposed administrative order in the Federal Register; ``(II) providing an opportunity for public comment for a period of not less than 30 calendar days; and ``(III) after consideration of any comments submitted, publishing a final administrative order in the Federal Register; and ``(ii) may establish mitigating measures with respect to a category in a premarket approval order or technology certification order. ``(2) In vitro clinical tests previously approved, cleared, or exempted as devices.-- ``(A) In general.--Any special controls or restrictions applicable to an in vitro clinical test with the same indications for use pursuant to section 587(10) based on prior regulation as a device approved under section 515, cleared or exempt under section 510(k), or classified under section 513(f)(2), including any such special controls or restrictions established during the period beginning on the date of enactment of the Verifying Accurate Leading-edge IVCT Development Act of 2021 and ending on the effective date of such Act (as described in section 5(b) of such Act)-- ``(i) shall continue to apply to such approved, cleared, or exempted in vitro clinical test after such effective date; and ``(ii) are deemed to be mitigating measures as of the effective date of such approval, clearance, or exemption. ``(B) Changes.--The Secretary may establish, change, or withdraw mitigating measures for such a test or indications for use the procedures under paragraph (1). ``(b) Documentation.-- ``(1) Tests subject to premarket review.--The developer of an in vitro clinical test subject to premarket review under section 587B and to which mitigating measures apply shall-- ``(A) in accordance with section 587B(c)(2)(G)(i), submit documentation to the Secretary as part of the application for the test under subsection (c) or (d) of section 587B demonstrating that such mitigating measures have been met; ``(B) if such application is approved, maintain documentation demonstrating that such mitigating measures continue to be met following a test modification by the developer; and ``(C) after responding to any informal communications from the Secretary, make such documentation available to the Secretary upon request or inspection. ``(2) Other tests.--The developer of an in vitro clinical test that is marketed within the scope of a technology certification order or other exemption from premarket review under section 587B and to which mitigating measures apply shall-- ``(A) maintain documentation in accordance with the applicable quality requirements under section 587J demonstrating that such mitigating measures continue to be met following a test modification by the developer; ``(B) after responding to any informal communications from the Secretary, make such documentation available to the Secretary upon request or inspection; and ``(C) include in the performance summary for such test a brief description of how such mitigating measures are met, if applicable. ``(c) Mitigating Measures for Cross-Referenced Tests.--Not later than 1 year after the implementation of the Verifying Accurate Leading- edge IVCT Development Act of 2021, the Secretary shall issue mitigating measures for cross-referenced tests. ``SEC. 587F. REGULATORY PATHWAY REDESIGNATION. ``(a) Technology Certification and Exemption Determinations.-- ``(1) In general.--Based on new information, including the establishment of mitigating measures under section 587E, and after considering available evidence respecting tests with the same indications for use pursuant to section 587(10), the Secretary may, upon the initiative of the Secretary or upon petition of an interested person-- ``(A) revoke any exemption or requirement in effect under this subchapter with respect to such indications for use; or ``(B) determine that such indications for use are eligible for technology certification in accordance with section 587D(b)(2). ``(2) Process.--Any action under paragraph (1) shall be made by publication of a notice of such proposed action on the website of the Food and Drug Administration, the consideration of comments to a public docket on such proposal, and publication of a final action on such website within 60 calendar days of the close of the comment period posted to such public docket, notwithstanding subchapter II of chapter 5 of title 5, United States Code. ``(b) Revocation.--The Secretary may revoke any exemption with respect to such test or indications for use pursuant to section 587(10), if-- ``(1) new clinical information indicates that the exemption of an in vitro clinical test or tests from premarket review under section 587B or exemption under section 587A has a reasonable probability of severe adverse health consequences, including the absence, delay, or discontinuation of appropriate medical treatment. ``(2) Process.--Any action under this subsection shall be made by publication of a notice of such proposed action in the Federal Register, consideration of comments to a public docket on such proposal, and publication of a final notice in the Federal Register, notwithstanding subchapter II of chapter 5 of title 5, United States Code. ``SEC. 587G. ADVISORY COMMITTEES. ``(a) In General.--The Secretary may establish advisory committees or use advisory committee panels of experts established before the date of enactment of this section for the purposes of providing expert scientific advice and making recommendations related to-- ``(1) the approval of an application for an in vitro clinical test submitted under this subchapter, including for evaluating, as applicable, the analytical validity, clinical validity, and safety of in vitro clinical tests; ``(2) the potential effectiveness of mitigating measures for a determination on the applicable regulatory pathway under section 587F or risk evaluation for an in vitro clinical test or tests; ``(3) quality requirements under section 587J or applying such requirements to in vitro clinical tests developed or imported by developers; or ``(4) such other purposes as the Secretary determines appropriate. ``(b) Appointments.-- ``(1) Voting members.--The Secretary shall appoint to each committee established under subsection (a), as voting members, individuals who are qualified by training and experience to evaluate in vitro clinical tests referred to the committee for the purposes specified in subsection (a), including individuals with, to the extent feasible, scientific expertise in the development, manufacture, or utilization of such in vitro clinical tests, laboratory operations, and the use of in vitro clinical tests. The Secretary shall designate one member of each committee to serve as chair. ``(2) Nonvoting members.--In addition to the individuals appointed pursuant to paragraph (1), the Secretary shall appoint to each committee established under subsection (a), as nonvoting members-- ``(A) a representative of consumer interests; and ``(B) a representative of interests of in vitro clinical test developers not directly affected by the matter to be brought before the committee. ``(3) Limitation.--No individual who is in the regular full-time employee of the United States and engaged in the administration of this Act may be a member of any advisory committee established under subsection (a). ``(4) Education and training.--The Secretary shall, as appropriate, provide education and training to each new committee member before such member participates in a committee's activities, including education regarding requirements under this Act and related regulations of the Secretary, and the administrative processes and procedures related to committee meetings. ``(5) Meetings.--The Secretary shall ensure that scientific advisory committees meet regularly and at appropriate intervals so that any matter to be reviewed by such a committee can be presented to the committee not more than 60 calendar days after the matter is ready for such review. Meetings of the committee may be held using electronic communication to convene the meetings. ``(6) Compensation.--Members of an advisory committee established under subsection (a), while attending meetings or conferences or otherwise engaged in the business of the advisory committee-- ``(A) shall be entitled to receive compensation at rates to be fixed by the Secretary, but not to exceed the daily equivalent of the rate in effect for positions classified above level GS-15 of the General Schedule; and ``(B) may be allowed travel expenses as authorized by section 5703 of title 5, United States Code, for employees serving intermittently in the Government service. ``(c) Guidance.--The Secretary may issue guidance on the policies and procedures governing advisory committees established under subsection (a). ``SEC. 587H. REQUEST FOR INFORMAL FEEDBACK. ``Before submitting a premarket application or technology certification application for an in vitro clinical test-- ``(1) the developer of the test may submit to the Secretary a written request for a meeting, conference, or written feedback to discuss and provide information relating to the regulation of such in vitro clinical test which may include-- ``(A) the submission process and the type and amount of evidence expected to demonstrate the applicable standard; ``(B) which regulatory pathway is appropriate for an in vitro clinical test; and ``(C) an investigation plan for an in vitro clinical test, including a clinical protocol; and ``(2) upon receipt of such a request, the Secretary shall-- ``(A) within 60 calendar days after such receipt, or within such time period as may be agreed to by the developer, meet or confer with the developer submitting the request; and ``(B) within 15 calendar days after such meeting or conference, provide to the developer a written record or response describing the issues discussed and conclusions reached in the meeting or conference. ``SEC. 587I. REGISTRATION AND LISTING. ``(a) Registration of Establishments for In Vitro Clinical Tests.-- ``(1) In general.--Each person described in subsection (b)(1), or an accredited person under section 587P, acting on behalf of such a person, shall-- ``(A) during the period beginning on October 1 and ending on December 31 of each year, register with the Secretary the name of such person, places of business of such person, all establishments engaged in the activities specified under this paragraph, the establishment registration number of each such establishment, and a point of contact for each such establishment, including an electronic point of contact; and ``(B) submit an initial registration containing the information required under subparagraph (A) not later than-- ``(i) the date of implementation of this section if such establishment is engaged in any activity described in subsection (b)(1) on the date of enactment of this section, unless the Secretary establishes by guidance a date later than such implementation date for all or a category of such establishments; or ``(ii) 30 days prior to engaging in any activity described in subsection (b)(1) after enactment of this section, if such establishment is not engaged in any activity described in this paragraph on the date of enactment of this section. ``(2) Registration numbers.--The Secretary may assign a registration number to any person or an establishment registration number to any establishment registered in accordance with this section. Registration information shall be made publicly available by publication on the website maintained by the Food and Drug Administration, in accordance with subsection (d). ``(3) Inspection.--Each person or establishment that is required to be registered with the Secretary under this section shall be subject to inspection pursuant to section 704. ``(b) Listing Information for In Vitro Clinical Tests.-- ``(1) In general.--Each person who-- ``(A) is a developer, a contract manufacturer (including contract packaging), contract sterilizer, repackager, relabeler, or distributor of an in vitro clinical test; and ``(B) introduces or proposes to begin the introduction or delivery for introduction into interstate commerce through an exemption under section 587A(f)(2)(b) or 587A(g) or through the filing of an application under section 587B or 587D, shall submit a listing to the Secretary containing the information described in paragraph (2) in accordance with the applicable schedule described under subsection (c). Such listing shall be prepared in such form and manner as the Secretary may specify in guidance. Listing information shall be submitted through the comprehensive test information system in accordance with section 587T, as appropriate. ``(2) Submissions.--Each developer submitting a listing under paragraph (1) shall electronically submit to the comprehensive test information system under section 587T the following information for each in vitro clinical test for which such person is a developer in the form and manner prescribed by the Secretary: ``(A) Name of the establishment and its establishment registration number. ``(B) Contact information for the official correspondent for the listing. ``(C) Name (common name and trade name, if applicable) of the in vitro clinical test and its test listing number (when available). ``(D) CLIA certificate number for any laboratory certified by the Secretary under section 353 of the Public Health Service Act that meets the requirements for performing high-complexity testing that is the developer of the in vitro clinical test, and CLIA certificate number for any laboratory under common ownership that is performing the test developed by such test developer. ``(E) Whether the in vitro clinical test is, as applicable, offered as a test approved under section 587B, offered under a technology certification o, or offered as an in vitro clinical test under section 587Arder issued under section 587D. ``(F) Indications for use information under section 587(10). ``(G) Brief narrative description of the in vitro clinical test. ``(H) A brief summary of the analytical and clinical performance of the in vitro clinical test, and as applicable, the lot release criteria. ``(I) A brief description of conformance with any applicable mitigating measures, restrictions, and standards. ``(J) Representative labeling for the in vitro clinical test, as appropriate. ``(K) A statement that the information submitted is truthful and accurate. ``(3) Test listing number.--The Secretary may assign a test listing number to each in vitro clinical test that is the subject of a listing under this section. The process for assigning test listing numbers may be established through guidance, and may include the recognition of standards, formats, or conventions developed by a third-party organization. ``(4) Abbreviated listing.--A person who is not a developer but is otherwise required to register pursuant to subsection (a) shall submit an abbreviated listing to the Secretary containing the information described in subparagraphs (A) through (C) of paragraph (2), and the name of the developer. The information shall be submitted in accordance with the applicable schedule described under subsection (c). Such abbreviated listing shall be prepared in such form and manner as the Secretary may specify in guidance. Listing information shall be submitted to the comprehensive test information system in accordance with section 587T, as appropriate. ``(5) Grandfathered tests.--A developer of an in vitro clinical test developer offering a test that is grandfathered under section 587A(c) shall submit listing information required under subparagraphs (A) through (K) of paragraph (2). ``(6) Low-risk tests.--A developer of a low risk in vitro clinical test shall notify and submit listing information to the Secretary within one year of offering such test for clinical use. ``(7) Exempt tests.--A developer of an in vitro clinical test who introduces or proposes to begin the introduction or delivery for introduction into interstate commerce pursuant to an exemption under section 587A may submit listing information under this subsection. ``(c) Timelines for Submission.-- ``(1) In general.--The timelines for submission of registration and listing under subsections (a) and (b) are as follows: ``(A) For an in vitro clinical test that was listed as a device under section 510(j) prior to the date of enactment of this section, a person shall maintain a device listing under section 510 until such time as the system for submitting the notification information required under subsection (b) becomes available and thereafter shall submit the notification information no later than 1 year after the system for submitting the notification under this section becomes available. ``(B) For an in vitro clinical test that is subject to the grandfathering provisions of section 587A(c), a person shall submit the listing information required under subsection (b)(5) no later than 1 year after the system for submitting the notification under this section becomes available. ``(C) For an in vitro clinical test that is not described in subparagraph (A) or (B), a person shall submit the required notification information prior to offering, introducing, or marketing the in vitro clinical test as follows: ``(i) For an in vitro clinical test that is not exempt from premarket approval under section 587B, a person shall submit the required listing information no later than 30 business days after the date of approval of the premarket approval application. ``(ii) For a developer who has received a technology certification order under section 587D, a person shall submit the required listing information at least 30 business days after receiving such technology certification order. ``(2) Updates.-- ``(A) Updates after changes.--Each developer required to submit listing information under this section shall update such information within 10 business days of any change that causes any previously notified information to be inaccurate or incomplete. ``(B) Annual updates.--Each developer required to submit listing information under this section shall update its information annually during the period beginning on October 1 and ending on December 31 of each year as a component of the annual report submitted under sections 587B and 587D. ``(d) Public Availability of Notification Information.-- ``(1) In general.--Notification information submitted pursuant to this section shall be made publicly available on the website of the Food and Drug Administration in accordance with paragraph (3). ``(2) Confidentiality.--Notification information for an in vitro clinical test that is subject to premarket approval or technical certification shall remain confidential until such date as the in vitro clinical test receives the applicable premarket approval or the developer receives a technology certification order. ``(3) Exceptions from public availability requirements.-- The registration and listing information requirements described in subsections (a) and (b) shall not apply to the extent the Secretary determines that such information relates to-- ``(A) trade secret or commercial confidential information; or ``(B) national security or countermeasures or is restricted from disclosure pursuant to another provision of law. ``(e) Submission of Information by Accredited Persons.--If agreed upon by the developer, the information required under this section may be submitted by an accredited person under section 587P. ``SEC. 587J. TEST DESIGN AND QUALITY REQUIREMENTS. ``(a) Applicability.-- ``(1) In general.--Each developer and each other person required to register under section 587I(b)(1) shall establish and maintain quality requirements in accordance with the applicable requirements set forth in subsection (b), except as provided in section 587A. ``(2) Certified laboratory requirements.--A developer that operates a clinical laboratory certified by the Secretary under section 353 of the Public Health Service Act that-- ``(A) meets the requirements for performing high- complexity testing; ``(B)(i) develops an vitro clinical test or indications for use; or ``(ii) modifies another developer's in vitro clinical test in that certified laboratory in a manner described in section 587(6)(C); and ``(C) develops an in vitro clinical test or indications for use that are for use only within that certified laboratory or within another certified laboratory with common ownership, shall establish and maintain quality requirements that comply with the requirements set forth in subsection (b)(2). ``(3) Applicability for certain in vitro clinical tests.-- The applicable requirements set forth in subsection (b)(1) shall apply to any instrument, specimen receptacle, or component or part that is developed for use by a clinical laboratory to which paragraph (2) applies. ``(4) Regulations.--In promulgating regulations under this section, the Secretary shall consider whether and to what extent international harmonization is appropriate. ``(b) Quality Requirements.-- ``(1) Quality requirements for laboratories without clia certification to conduct high-complexity tests.--The quality requirements applicable under this section shall-- ``(A) avoid duplication of regulations under section 353 of the Public Health Service Act; ``(B) apply only to the development, validation, production, preparation, propagation, or assembly related to the design and associated manufacture and distribution of an in vitro clinical test offered under this subchapter; ``(C) not apply with respect to laboratory operations; and ``(D) shall include the following, subject to paragraphs (2) and (3)-- ``(i) management responsibility; ``(ii) quality audits; ``(iii) personnel; ``(iv) design controls; ``(v) document controls; ``(vi) purchasing controls; ``(vii) identification and traceability; ``(viii) production and process controls; ``(ix) acceptance activities; ``(x) nonconforming product; ``(xi) corrective and preventive action; ``(xii) labeling and packaging controls; ``(xiii) handling, storage, distribution, and installation; ``(xiv) records; ``(xv) servicing; and ``(xvi) statistical techniques. ``(2) Quality requirements for laboratories certified to conduct high-complexity tests.--Quality requirements applicable to the in vitro clinical tests and developers described in subsection (a)(2) shall-- ``(A) avoid duplication of regulations under section 353 of the Public Health Service Act; and ``(B) consist of, as directed related to the design and development-- ``(i) design controls; ``(ii) purchasing controls; ``(iii) acceptance activities; ``(iv) corrective and preventative action; and ``(v) records. ``(3) Quality requirements for certain laboratories distributing in vitro clinical tests or test protocols within organizations or public health networks.-- ``(A) In general.--Quality requirements applicable to the developer who is distributing in vitro clinical test distributed as described in subparagraph (B) shall consist of the following: ``(i) The requirements in paragraph (2). ``(ii) The labeling requirements in paragraph (1)(C)(xii). ``(iii) The requirement to maintain records of the laboratories to which the in vitro clinical test or test protocol is distributed. ``(B) Distributing laboratory.--Subparagraph (A) shall apply to developers that meet the following conditions: ``(i) The laboratory distributing the test protocol is certified by the Secretary under section 353 of the Public Health Service Act and meets the requirements for performing high- complexity testing. ``(ii) The laboratory develops its own in vitro clinical test or modifies another developer's in vitro clinical test in a manner described in section 587(6)(C). ``(iii) The laboratory distributes the in vitro clinical test or test protocol for such test only to another laboratory that-- ``(I) is certified by the Secretary under section 353 of the Public Health Service Act and meets the requirements for performing high-complexity testing; ``(II) is within the same corporate organization and having common ownership by the same parent corporation; or as applicable, is a laboratory within a public health laboratory network coordinated or managed by the Centers for Disease Control and Prevention; and ``(III) implements the test protocol without further modification. ``(c) Regulations.--In implementing quality requirements for test developers under this section, the Secretary shall-- ``(1) for purposes of facilitating international harmonization, consider whether the developer participates in an audit program in which the United States participates or the United States recognizes or conforms with standards recognized by the Secretary; and ``(2) ensure a least burdensome approach described in section 587B(j) by leveraging, to the extent applicable, the quality assurance requirements applicable to developers certified by the Secretary under section 353 of the Public Health Service Act. ``SEC. 587K. LABELING REQUIREMENTS. ``(a) In General.--An in vitro clinical test shall bear or be accompanied by labeling, and a label as applicable, that meet the requirements set forth in subsections (b) and (c), unless such test is exempt as specified in subsection (d) or (e). ``(b) Labels.-- ``(1) In general.--The label of an in vitro clinical test shall meet the requirements set forth in paragraph (2), except this requirement shall not apply to an in vitro clinical test that-- ``(A) consists solely of a test protocol; or ``(B) is developed, manufactured, and used solely within a single laboratory certified by the Secretary under section 353 of the Public Health Service Act that meets the requirements for performing high-complexity testing. ``(2) Regulations.--The label of an in vitro clinical test shall state the name and place of business of its developer and meet the requirements set forth in regulations promulgated under this section. ``(c) Labeling.-- ``(1) In general.--Labeling accompanying an in vitro clinical test, including labeling in the form of a package insert, standalone laboratory reference document, or other similar document except the labeling specified in paragraph (2), shall include adequate directions for use and shall meet the requirements set forth in regulations promulgated under this section, except as provided in subsection (d) or (e). ``(2) Content.-- ``(A) In general.--Labeling accompanying an in vitro clinical test that is in the form of a test report template or ordering information shall include-- ``(i) the test listing number that was provided to the developer at the time of listing; ``(ii) instructions for how and where to report an adverse event under section 587L; ``(iii) instructions for how and where to access the performance summary data displayed in the listing database for the test; ``(iv) the intended use of the in vitro clinical test; and ``(v) any warnings, contraindications, or limitations. ``(B) Public availability of information.--The Secretary shall make all of the information described in subparagraph (A) with respect to each in vitro clinical test available to the public, as applicable, in accordance with section 587T, except to the extent that the Secretary determines that such information is-- ``(i) trade secret or commercial confidential information; or ``(ii) national security or countermeasures or is restricted from disclosure pursuant to another provision of law. ``(3) Additional requirements.--Labeling for an in vitro clinical test used for immunohematology testing shall meet the applicable requirements set forth in part 660 of title 21, Code of Federal Regulations (or any successor regulations), related to the labeling of blood grouping reagents, reagent red blood cells, and anti-human globulin. ``(d) Exemptions and Alternative Requirements.-- ``(1) In general.-- ``(A) In general.--With respect to an in vitro clinical test that meets the criteria of subparagraph (B), the `state in one place' regulations under section 809.10(b) of title 21 of the Code of Federal Regulations (or any successor regulations) may be satisfied by the laboratory posting such information on its website or in multiple documents, if such documents are maintained and accessible in one place. ``(B) Applicable tests.--An in vitro clinical test meets the criteria of this subparagraph if such test is-- ``(i) designed and manufactured by a laboratory certified by the Secretary under section 353 of the Public Health Service Act that meets the requirements for performing high-complexity testing; and ``(ii) performed in the same laboratory in which it was developed or by another such laboratory certified by the Secretary under section 353 of the Public Health Service Act that meets the requirements for performing high complexity testing and is under common ownership with the laboratory that designed and manufactured the test. ``(2) Test instrument labeling.--The labeling for an instrument is not required to bear the information indicated in paragraphs (3), (4), (5), (7), (8), (9), (10), (11), (12), and (13) of section 809.10(b) of title 21 of the Code of Federal Regulations (or any successor regulations). ``(3) Reagent labeling.--For purposes of compliance with subsection (c)(1), the labeling for a reagent intended for use as a replacement in an in vitro clinical test may be limited to that information necessary to identify the reagent adequately and to describe its proper use in the system. ``(4) Lab research or investigational use.--A shipment or other delivery of an in vitro clinical test for research or investigational use pursuant to section 587A(m) shall be exempt from the labeling requirements of subsections (b) and (c)(1) and from any standard promulgated through regulations, except as required under section 353 of the Public Health Service Act or section 587R of this Act. ``(5) General purpose laboratory reagents.--The labeling of general purpose laboratory reagents (such as hydrochloric acid) whose uses are generally known by persons trained in their use need not bear the directions for use required by subsections (b) and (c)(1). ``(6) Analyte specific reagents.--The labeling for analyte specific reagents shall bear the following statement: `This product is intended solely for further development of an in vitro clinical test and is exempt from most FDA regulation. This product must be evaluated by the in vitro clinical test developer in accordance with applicable requirements.'. If the labeling of an analyte specific reagent bears the statement set forth in this paragraph, it need not bear the information required by subsection (c)(1). ``(7) Over-the-counter test sample collection systems labeling.--The labeling for over-the-counter test sample collection systems for drugs of abuse testing shall bear the name and place of business of the developer included in the registration listing under section 587I, in language appropriate for the intended users. ``(e) Tests in the Strategic National Stockpile.-- ``(1) In general.--The Secretary may grant an exception or alternative to any provision listed in this section, unless explicitly required by a statutory provision outside this subchapter, for specified lots, batches, or other units of an in vitro clinical test, if the Secretary determines that compliance with such labeling requirement could adversely affect the safety, effectiveness, or availability of such products that are or will be included in the Strategic National Stockpile under section 319F-2 of the Public Health Service Act. ``(2) Regulations.--The Secretary may issue regulations amending section 809.11 of title 21 of the Code of Federal Regulations or any successor regulation to apply in full or in part to in vitro clinical tests and in vitro clinical test developers. ``(f) Guidance.--The Secretary may, in collaboration with developers, issue guidance on standardized, general content and format for in vitro clinical test labeling to help ensure compliance with applicable requirements in this subsection. ``SEC. 587L. ADVERSE EVENT REPORTING. ``(a) Applicability.-- ``(1) In general.--Each in vitro clinical test developer shall establish and maintain a system for reporting adverse events in accordance with subsection (b), except as provided in section 587A. ``(2) Regulations.--The Secretary shall promulgate regulations to implement this section, including information necessary to be reported to ensure the analytical and clinical validity of in vitro clinical tests, and the safety of articles for taking or deriving specimens from the human body. ``(b) Adverse Event Reporting Requirements.--Each developer shall report to the Secretary whenever information that reasonably suggests that one of the developer's in vitro clinical tests is associated with an adverse event becomes known to the developer. ``(c) Reports.--Reports required under this section shall be submitted as follows: ``(1) An individual adverse event report shall be submitted for the following events not later than-- ``(A) 5 calendar days after an in vitro clinical test developer receives or otherwise becomes aware of information that reasonably suggests the adverse event involves a patient death; or ``(B) 5 calendar days after an in vitro clinical test developer receives or otherwise becomes aware of information that reasonably suggests the event presents an imminent threat to public health. ``(2) Quarterly reports shall be submitted for all other adverse events, if any, and no later than the end of the quarter following the quarter in which the adverse event information was received by the in vitro clinical test developer. ``(d) Definitions.--In this section-- ``(1) the term `adverse event'-- ``(A) means-- ``(i) death of, or serious injury to, a specific patient or user for which it is reasonably believed that an in vitro clinical test error contributed to such death or serious injury; or ``(ii) an in vitro clinical test error that may have reasonable likelihood to cause serious injury or death; and ``(B) excludes laboratory errors that are subject to the requirements of section 353 of the Public Health Service Act and corrective or preventive actions to prevent such errors; ``(2) the term `in vitro clinical test error'-- ``(A) means a failure in an in vitro clinical test to meet the analytical or clinical validity standard or otherwise perform as intended by the developer; and ``(B) includes an inaccurate false result that reaches a health care provider, patient, or consumer, except that such term excludes any such event or error related to laboratory operations pursuant to section 353 of the Public Health Service Act; and ``(3) the term `serious injury' means-- ``(A) a significant delay in a critical diagnosis or causing the absence, delay, or discontinuation of critical medical treatment or that irreversibly or seriously and negatively alters the course of the disease or condition; or ``(B) an injury that-- ``(i) is life threatening; ``(ii) results in permanent impairment of a body function or permanent damage to a body structure; or ``(iii) necessitates medical or surgical intervention to preclude permanent impairment of a body function or permanent damage to a body structure. ``SEC. 587M. CORRECTIONS AND REMOVALS. ``(a) In General.--The Secretary shall promulgate regulations to implement this section, including information necessary to be reported to ensure the analytical and clinical validity of in vitro clinical tests, and the safety of specimen receptacles. ``(b) Reports of Removals and Corrections.-- ``(1) In general.--Each in vitro clinical test developer or importer shall report to the Secretary any correction or removal of an in vitro clinical test undertaken by such developer or importer if the removal or correction was undertaken-- ``(A) to reduce the risk to health posed by the in vitro clinical test; or ``(B) to remedy a violation of this Act caused by the in vitro clinical test which may present a risk to health. ``(2) Exception.--No report of the correction or removal of an in vitro clinical test is required under paragraph (1) if a report of the correction or removal is required under, and has been submitted under, section 587L. ``(c) Timing.--A developer or importer shall submit any report required under this subsection to the Secretary within 15 business days of initiating such correction or removal. ``(d) Recordkeeping.--A developer or importer of an in vitro clinical test who undertakes a correction or removal of an in vitro clinical test which is not required to be reported under this subsection shall keep a record of such correction or removal. ``(e) Recall Communications.--Upon the voluntary reporting of a correction or removal by the developer-- ``(1) the Secretary shall classify such correction or removal under this section within 15 calendar days; and ``(2) not later than 45 calendar days after the developer or other responsible party notifies the Secretary that it has completed a recall action, the Secretary shall provide the developer or other responsible party with a written statement closing the recall action or stating the reasons the Secretary cannot close the recall at that time. ``(f) Limitation.--The developer is not required to report a correction or removal of an in vitro clinical test based solely on an adverse event report under section 587L that captures an error within the approved performance standards for such test. ``(g) Definitions.--For purposes of this section-- ``(1) the term `correction' means the repair, modification, adjustment, relabeling, destruction, or inspection (including patient monitoring) of an in vitro clinical test without its physical removal from its point of use to another location, and does not include routine servicing; and ``(2) the term `removal' means the physical removal of an in vitro clinical test from its point of use to another location for repair, modification, adjustment, relabeling, destruction, or inspection, and does not include routine servicing. ``SEC. 587N. RESTRICTED IN VITRO CLINICAL TESTS. ``(a) Applicability.-- ``(1) In general.--The Secretary, in issuing an approval of an in vitro clinical test under section 587B of a category described in paragraph (3) may require that such test be restricted to sale, distribution, or use upon such conditions as the Secretary may prescribe under paragraph (2). ``(2) Conditions prescribed by the secretary.--The conditions prescribed by the Secretary under this paragraph, with respect to an in vitro clinical test described in paragraph (3), are those conditions which the Secretary determines due to the potentiality for harmful effect of such test (including any resulting absence, delay, or discontinuation of appropriate medical treatment), are necessary to assure the analytical or clinical validity of the test, or the safety of a specimen receptacle. ``(3) In vitro clinical tests subject to restrictions.--The restrictions authorized under this section may be applied by the Secretary to any high-risk in vitro clinical test, prescription home-use in vitro clinical test, direct-to- consumer in vitro clinical test, or over-the-counter in vitro clinical test. ``(b) Labeling and Advertising of a Restricted In Vitro Clinical Test.--The label, labeling, and advertising of an in vitro clinical test to which restrictions apply under subsection (a) shall bear such appropriate statements of the restrictions as the Secretary may prescribe in the approval, provisional approval, technology certification, or regulation, as applicable. ``(c) Requirements Prior to Enactment.--An in vitro clinical test that was offered, sold, or distributed as a restricted device prior to the enactment date of this subchapter shall continue to comply with the applicable restrictions under section 515 or section 520(e) until the effective date of restrictions issued under subsection (a). ``SEC. 587O. APPEALS. ``(a) Significant Decision.-- ``(1) In general.--The Secretary shall provide a substantive summary of the scientific and regulatory rationale for any significant decision of the Center for Devices and Radiological Health regarding submission of an application for, or a review of, an in vitro clinical test under section 587B or section 587D or regarding an exemption under section 587A, including documentation of significant controversies or differences of opinion and the resolution of such controversies or differences of opinion. ``(2) Provision of documentation.--Upon request, the Secretary shall furnish a substantive summary described in paragraph (1) to the person who has made, or is seeking to make, a submission described in such paragraph. ``(3) Application of least burdensome requirements.--The substantive summary required under this subsection shall include a brief statement regarding how the least burdensome requirements were considered and applied consistent with section 587B(j), as applicable. ``(b) Review of Significant Decisions.-- ``(1) Request for supervisory review of significant decision.--Any person may request a supervisory review of the significant decision described in subsection (a)(1). Such review may be conducted at the next supervisory level or higher above the agency official who made the significant decision. ``(2) Submission of request.--A person requesting a supervisory review under paragraph (1) shall submit such request to the Secretary not later than 30 days after the decision for which the review is requested and shall indicate in the request whether such person seeks an in-person meeting or a teleconference review. ``(3) Timeframe.--The Secretary shall schedule an in-person or teleconference review, if so requested, not later than 30 days after such request is made. The Secretary shall issue a decision to the person requesting a review under this subsection not later than 45 days after the request is made under paragraph (1), or, in the case of a person who requests an in-person meeting or teleconference, 30 days after such meeting or teleconference. ``(c) Advisory Panels.--The process established under subsection (a) shall permit the appellant to request review by an advisory committee established under section 513 or 587G. The Secretary shall provide a response to an appellant under this subsection not later than 45 days after the requested advisory committee is convened. ``SEC. 587P. ACCREDITED PERSONS. ``(a) In General.-- ``(1) Review of applications.-- ``(A) Accreditation for application review.-- Subject to subparagraph (C), during the period beginning on the date of enactment of the Verifying Accurate Leading-edge IVCT Development Act of 2021 and ending 2 years after the date of enactment of such Act, the Secretary shall accredit persons for any of the following purposes: ``(i) Reviewing applications for premarket approval under section 587B and applications for technology certification under section 587D. ``(ii) Making recommendations to the Secretary with respect to an approval of an application under section 587B or issuance of a technology certification order under section 587D. ``(B) Requirement regarding review recommendations.-- ``(i) In general.--In making a recommendation to the Secretary under this section, an accredited person shall notify the Secretary in writing of the reasons for the recommendation concerning the application. ``(ii) Time period for review.--Not later than 30 calendar days after the date on which the Secretary is notified of a recommendation under this section with respect to an application for premarket approval or technology certification, the Secretary shall make a determination with respect to the application. ``(C) Lack of applications within 2-year timeframe.--If the Secretary does not receive applications from persons that meet the criteria under subsection (c) within such period, the Secretary-- ``(i) may accredit persons under this paragraph after the 2-year period described in subparagraph (A); and ``(ii) shall issue a public notice on the website of the Food and Drug Administration calling for applications for such accreditation. ``(2) Inspections.-- ``(A) Accreditation for inspections.--Subject to subparagraph (B), during the period beginning on the date of enactment of the Verifying Accurate Leading- edge IVCT Development Act of 2021 and ending 2 years after the date of enactment of such Act, the Secretary shall accredit persons for the purpose of conducting inspections of in vitro clinical test developers and other persons required to register pursuant to section 587I. ``(B) Lack of applications within 2-year timeframe.--If no persons who meet the criteria for such accreditation apply during the 2-year period described in subparagraph (A), the Secretary-- ``(i) may accredit persons under this subparagraph after such period; and ``(ii) shall issue a public notice on the website of the Food and Drug Administration calling for applications for such accreditation. ``(C) Effect of accreditation.-- ``(i) In general.--Persons accredited under subparagraph (A) to conduct inspections, when conducting such inspections, shall record in writing their specific observations and shall present their observations to the designated representative of the inspected establishment. ``(ii) Inspection report requirements.-- Each person accredited under this paragraph shall prepare and submit to the Secretary an inspection report in a form and manner designated by the Secretary for conducting inspections, taking into consideration the goals of international harmonization of quality systems standards. Any official classification of the inspection shall be determined by the Secretary. Any statement or representation made by an employee or agent of an establishment to a person accredited to conduct inspections shall be subject to section 1001 of title 18, United States Code. ``(D) Savings clause.--Nothing in this section affects the authority of the Secretary to inspect any in vitro clinical test developer or other person registered under section 587I. ``(E) Inspection limitations.--The Secretary shall ensure that inspections carried out under this section are not duplicative of inspections carried out under section 353 of the Public Health Service Act. Inspections under this section shall be limited to the data and information necessary-- ``(i) for routine surveillance activities associated with applications under sections 587B and 587D; or ``(ii) to meet the requirements to receive premarket approval under section 587B or a technology certification order under section 587D, as applicable. ``(b) Accreditation.-- ``(1) Accreditation program.-- ``(A) In general.--The Secretary may provide for accreditation under this section through programs administered by the Food and Drug Administration, by other non-Federal government agencies, or by qualified nongovernmental organizations. A person may be accredited for the review of both applications submitted under sections 587B and 587D as described in subsection (a)(1)(A) and to conduct inspection activities under subsection (a)(2)(A), or for a subset of such review or activities. ``(B) Eligible persons.--Not later than 180 days after the date of enactment of the Verifying Accurate Leading-edge IVCT Development Act of 2021, the Secretary shall issue draft guidance on the criteria that the Secretary will use to accredit or deny accreditation to a person who requests such accreditation under subsection (a), and not later than one year after the close of the comment period for the draft guidance issued in this section, issue final guidance. ``(C) Requirements.-- ``(i) In general.--The Secretary shall not accredit or maintain accreditation for a person unless such person meets the minimum qualifications required under subsection (c). ``(ii) Scope of accreditation.--The accreditation of a person under this section shall specify the particular activities under subsection (a) for which such person is accredited. ``(D) Public list.--The Secretary shall publish on the website of the Food and Drug Administration a list of persons who are accredited under this section. Such list shall be updated on at least a monthly basis. The list shall specify the particular activity or activities under this section for which the person is accredited. ``(2) Accreditation process.-- ``(A) Accreditation process guidance.--The Secretary shall-- ``(i) not later than 180 days after the date of enactment of the Verifying Accurate Leading-edge IVCT Development Act of 2021, issue draft guidance specifying the process for submitting a request for each type of accreditation and reaccreditation under this section, including the form and content of information to be submitted in such a request; and ``(ii) not later than 1 year after the close of the comment period for the draft guidance, issue final guidance. ``(B) Response to request.--The Secretary shall respond to a request for accreditation or reaccreditation within 60 calendar days of the receipt of the request. The Secretary's response may be to accredit or reaccredit the person, to deny accreditation, or to request additional information in support of the request. If the Secretary requests additional information, the Secretary shall respond within 60 calendar days of receipt of such additional information to accredit or deny the accreditation. ``(C) Type of accreditation.--The accreditation or reaccreditation of a person shall specify the particular activity or activities under subsection (a) for which such person is accredited, and shall include any limitation to certain eligible in vitro clinical tests. ``(D) Audit.--The Secretary may audit the performance of persons accredited under this section for purposes of ensuring that such persons continue to meet the published criteria for accreditation, and may modify the scope or particular activities for which a person is accredited if the Secretary determines that such person fails to meet one or more criteria for accreditation. ``(E) Suspension or withdrawal.--The Secretary may suspend or withdraw accreditation of any person accredited under this section, after providing notice and an opportunity for an informal hearing, when such person is substantially not in compliance with the requirements of this section or the published criteria for accreditation, or poses a threat to public health, or fails to act in a manner that is consistent with the purposes of this section. ``(F) Reaccreditation.--Accredited persons may be initially accredited for up to 4 years. After expiration of such initial period, persons may be reaccredited for unlimited additional 4-year periods, as determined by the Secretary. ``(c) Qualifications of Accredited Persons.-- ``(1) Eligibility.--An accredited person, at a minimum, shall-- ``(A) not be an employee of the Federal Government; ``(B) not engage in the activities of a developer, as defined in section 587(7); ``(C) not be a person required to register under section 587I, unless such person has established sufficient processes and protocols to separate activities to develop in vitro clinical tests and the activities for which such person would be accredited under subsection (a) and discloses applicable information under this section; ``(D) not be owned or controlled by, and shall have no organizational, material or financial affiliation with, an in vitro clinical test developer or other person required to register under section 587I; ``(E) be a legally constituted entity permitted to conduct the activities for which it seeks accreditation; ``(F) ensure that the operations of such person are in accordance with generally accepted professional and ethical business practices; and ``(G) include in its request for accreditation a commitment to, at the time of accreditation and at any time it is performing activities pursuant to this section-- ``(i) certify that the information reported to the Secretary accurately reflects the data or protocol reviewed, and the documented inspection findings, as applicable; ``(ii) limit work to that for which competence and capacity are available; ``(iii) treat information received or learned, records, reports, and recommendations as proprietary information of the person submitting such information; and ``(iv) in conducting the activities for which the person is accredited in respect to a particular in vitro clinical test, protect against the use of any employee or consultant who has a financial conflict of interest regarding that in vitro clinical test. ``(2) Waiver.--The Secretary may waive any requirements in subparagraph (A), (B), (C), or (D) of paragraph (1) upon making a determination that such person has implemented other appropriate controls sufficient to ensure a competent and impartial review. ``(d) Compensation of Accredited Persons.-- ``(1) In general.--Compensation of an accredited person who reviews an application for premarket approval submitted under section 587B or an application for technical certification submitted under section 587D shall be determined by agreement between the accredited person and the person who engages the services of the accredited person, and shall be paid by the person who engages such services. ``(2) Inspection accreditation.--Compensation of an accredited person who is conducting an inspection under section 704 shall be determined by agreement between the accredited person and the person who engages the services of the accredited person, and shall be paid by the person who engages such services. ``(e) Cooperative Agreements.--The Secretary is authorized to enter into cooperative arrangements with officials of foreign countries to ensure that adequate and effective means are available for purposes of determining, from time to time, whether in vitro clinical tests intended for use in the United States by a person whose facility is located outside the United States shall be refused admission on any of the grounds set forth in section 801(a). ``(f) Information Sharing Agreements.--An accredited person may enter into an agreement with a test developer to provide information to the comprehensive test information system under section 587T, including any requirements under section 587I. ``SEC. 587Q. RECOGNIZED STANDARDS. ``(a) In General.--The Secretary may by order establish performance standards for an in vitro clinical test or tests with the same indication for use to provide reasonable assurance of the analytical validity, clinical validity, or as applicable safety, of that in vitro clinical test or tests with the same indications for use. ``(b) Other Standards.--The Secretary may recognize all or part of appropriate standards established by nationally or internationally recognized standard development organizations for which a person may submit a declaration of conformity in order to meet a requirement under this subchapter to which that standard is applicable. In recognizing a standard, any person requesting recognition of a standard or seeking to use a recognized standard, the Secretary shall follow the processes and requirements, in accordance with section 514(c). Standards for in vitro diagnostic devices previously recognized under section 514(c) shall be considered recognized standards under this section. The application of any such consensus standard shall only apply prospectively. The Secretary shall issue guidance establishing the criteria and process for such recognition and adoption. ``(c) Order Process.--In establishing a standard under subsection (a), the Secretary shall issue a draft order proposing to establish a standard and shall provide for a comment period of not less than 60 calendar days. The Secretary may seek the recommendation of an advisory committee under section 587G concerning a proposed standard either prior to or after issuance of a proposed order. After considering the comments and within 90 days of the close of the comment period, the Secretary shall issue a final order adopting the proposed standard, adopting a modification of the proposed standard or terminating the proceeding. ``(d) Amendment Process.--The procedures established in this section or in guidance issued under this section shall apply to amendment of an existing standard. ``SEC. 587R. INVESTIGATIONAL USE. ``(a) In General.--Except as provided in subsection (c), an in vitro clinical test for investigational use shall be exempt from the requirements of this subchapter other than sections 587A, 587O, and 587U. ``(b) Regulations.--Not later than 2 years after the date of enactment of the Verifying Accurate Leading-edge IVCT Development Act of 2021, the Secretary shall promulgate regulations to implement this section. ``(c) Application for Investigational Use.-- ``(1) In general.--The following shall apply with respect to in vitro clinical tests for investigational use: ``(A) Streamlining applications submitted under this section.--Requirements with respect to such tests shall be completed in accordance with current, at the time of submitting the application, investigational use requirements for institutional review boards and current processes for any analytical or clinical validation. ``(B) Variation.--The requirements in the regulations promulgated under this section shall take into account variations based on-- ``(i) the scope and duration of clinical testing to be conducted under investigation that is the subject of such application; ``(ii) the number of human subjects that are to be involved in such testing; ``(iii) the need to permit changes to be made in the in vitro clinical test involved during testing conducted in accordance with a plan required under paragraph (3)(B); or ``(iv) whether the clinical testing of such in vitro clinical test is for the purpose of developing data to obtain approval to offer such test. ``(C) Significant risk studies.--In the case of an in vitro clinical test the investigational use of which poses a significant risk, a sponsor of an investigation of such a test seeking an investigational use exemption shall submit to the Secretary an investigational use application with respect to the test in accordance with paragraphs (2) and (3). For purposes of this subparagraph, the term `significant risk' means, with respect to an in vitro clinical test that is a high- risk test, and that the use of the test-- ``(i) is a use of substantial importance in performing an activity or activities described in subsection (ss)(1)(A) for, a serious or life-threatening disease or condition without confirmation of the diagnosis by a medically established means; ``(ii) requires an invasive sampling procedure that presents a significant risk to the human subject; or ``(iii) otherwise presents a reasonably foreseeable serious risk to the health of a human subject. ``(D) Non-significant risk tests.--In the case of an in vitro clinical test, the investigational use of which does not pose a significant risk-- ``(i) the sponsor of such investigation shall-- ``(I) conduct such investigation in compliance with an investigational plan specified in paragraph (5) and labeling specified in paragraph (3)(A)(ii); ``(II) ensure each investigator obtains informed consent under part 50 of title 21, Code of Federal Regulations (or any successor regulations), subject to the exceptions set forth in paragraphs (5)(A)(iii) and (5)(B); ``(III) submit a listing to the Secretary of such investigation; and ``(IV) maintain records with respect to all requirements in this subparagraph; and ``(ii) the sponsor may rely on any exception or exemption identified in paragraph (5)(B) or as established by the Secretary in regulations issued under subsection (b). ``(2) Application content.--An investigational use application shall be submitted in such time and manner and contain such information as the Secretary may require in regulation, and shall include an investigational plan for proposed clinical testing and assurances that the sponsor submitting the application will-- ``(A) establish and maintain records relevant to the investigation of such in vitro clinical test; and ``(B) submit to the Secretary annual reports of data obtained as a result of the investigational use of the in vitro clinical test during the period covered by the exemption that the Secretary reasonably determines will enable the Secretary-- ``(i) to ensure compliance with the conditions for the exemption specified in paragraph (3); ``(ii) to review the progress of the investigation involved; and ``(iii) to evaluate the analytical validity and clinical validity of such test. ``(3) Conditions for exemption.-- ``(A) In general.--A request for an investigational use exemption with respect to significant risk tests shall be granted only if each of the following conditions is met: ``(i) The risks to the subjects of the in vitro clinical test are outweighed by the anticipated benefits to the subjects and the importance of the knowledge to be gained, and adequate assurance of informed consent is provided in accordance with paragraph (5)(A)(iii). ``(ii) The proposed labeling for the in vitro clinical test involved clearly and conspicuously states `For investigational use'. ``(iii) Such other requirements the Secretary determines to be necessary for the protection of the public health and safety as long as the requirements do not unduly delay investigation after finding that the results of such investigation establish sufficient data to support clinical or analytical validity. ``(B) Certain significant risk in vitro clinical tests for an unmet need.--As a condition for granting an exemption under this paragraph, the Secretary shall not impose a limit on the sample size for a significant risk in vitro clinical test that meets the requirements of section 587C, as long as such test is developed within a laboratory that is certified to conduct high- complexity testing under section 353 of the Public Health Service Act. ``(4) Coordination with investigational new drug applications.--Any requirement for the submission of a report to the Secretary pursuant to a request for an investigational new drug exemption involving an in vitro clinical test shall supersede the reporting requirement in paragraph (2)(B), but only to the extent the requirement with respect to the request for exemption with respect to the drug is duplicative of the reporting requirement under such paragraph. ``(5) Investigation plan requirements.-- ``(A) In general.--With respect to an investigational plan submitted under paragraph (2)(A), the sponsor submitting such plan shall-- ``(i) in the case of such a plan submitted to an institutional review committee, promptly notify the Secretary of the approval or the suspension or termination of the approval of such plan by an institutional review committee; ``(ii) in the case of an in vitro clinical test made available to investigators for clinical testing, assurance that all investigators will comply with this section, regulations promulgated or revised under this section, and applicable human subjects regulations; and ``(iii) submit an assurance to the Secretary that informed consent will be obtained from each human subject (or the representative of such subject) of proposed clinical testing involving such in vitro clinical test, except in the case that-- ``(I) there is a life-threatening situation involving the human subject of such testing which necessitates the use of such in vitro clinical test; ``(II) it is not feasible to obtain informed consent from the subject; and ``(III) there is not sufficient time to obtain such consent from a representative of such subject. ``(B) Exception.--The informed consent of human subjects shall not be required with respect to clinical testing conducted as part of an investigation, if-- ``(i) the clinical testing uses remnants of specimens collected for routine clinical care or analysis that would have been discarded, leftover specimens that were previously collected for other research purposes, or specimens obtained from specimen repositories; ``(ii) the identity of the subject of the specimen is not known to, and may not readily be ascertained by, the investigator or any other individual associated with the investigation, including the sponsor; ``(iii) any clinical information that accompanies the specimens does not make the specimen source identifiable to the investigator or any other individual associated with the investigation, including the sponsor; ``(iv) the individuals caring for the human subjects as patients are different from, and do not share information about the patient with, the individuals conducting the investigation; and ``(v) the specimens are provided to the investigators without personally identifiable information and the supplier of the specimens has established policies and procedures to prevent the release of personally identifiable information. ``(d) Review of Applications.-- ``(1) In general.--The Secretary may issue an order approving an investigation as proposed, approving it with conditions or modifications, or disapproving it. ``(2) Failure to act.--Unless the Secretary, not later than the date that is 30 calendar days after the date of the submission of an investigational use exemption request that meets the requirements of subsection (c)(2), issues an order under subsection (d)(1) and notifies the sponsor submitting the application, the request shall be treated as granted as of such date without further action by the Secretary. ``(3) Disapproval.--The Secretary may deny an investigational use request submitted under this subsection if the Secretary determines that the investigation with respect to which the request is submitted does not conform to the requirements of subsection (c)(3). A listing of such denial submitted to the sponsor with respect to such a request shall contain the order of disapproval and a complete statement of the reasons for the Secretary's denial of the request. ``(e) Withdrawal of Approval.-- ``(1) In general.--The Secretary may, by administrative order, withdraw an exemption granted under this section with respect to an in vitro clinical test, including an exemption granted based on the Secretary's failure to act pursuant to subsection (d)(2), if the Secretary determines that the test does not meet the applicable conditions under subsection (c)(3) for such exemption. ``(2) Opportunity to be heard.-- ``(A) In general.--Subject to subparagraph (B), an order withdrawing the exemption granted under this section may be issued only after the Secretary provides the applicant or sponsor of the test with an opportunity for an informal hearing. ``(B) Exception.--An order referred to in subparagraph (A) with respect to an exemption granted under this subsection may be issued on a preliminary basis before the provision of an opportunity for an informal hearing if the Secretary determines that the continuation of testing under the exemption will result in an unreasonable risk to the public health. The Secretary will provide an opportunity for an informal hearing promptly following any preliminary action under this subparagraph. ``(f) Changes.-- ``(1) In general.--The regulations promulgated under subsection (b) shall provide, with respect to an in vitro clinical test for which an exemption under this subsection is in effect, procedures and conditions under which the changes to the test are allowed without the additional determination on a request for an exemption or submission of a supplement to such a request. Such regulations shall provide that such a change may be made if-- ``(A) the sponsor or applicant determines, on the basis of credible information (as defined by the Secretary) that the change meets the conditions specified in paragraph (2); and ``(B) the sponsor or applicant submits to the Secretary, not later than 5 calendar days after making the change, a notice of the change. ``(2) Conditions.--The conditions specified in this paragraph are that-- ``(A) in the case of developmental changes to an in vitro clinical test (including manufacturing changes), the changes-- ``(i) do not constitute a significant change in design or in basic principles of operation; ``(ii) do not affect the rights, safety, or welfare of the human subjects (if any) involved in the investigation; and ``(iii) are made in response to information gathered during the course of an investigation; and ``(B) in the case of changes to clinical protocols applicable to the test, the changes do not affect-- ``(i) the validity of data or information resulting from the completion of an approved clinical protocol; ``(ii) the scientific soundness of a plan submitted under subsection (c)(5); or ``(iii) the rights, safety, or welfare of the human subjects (if any) involved in the investigation. ``(g) Clinical Hold.-- ``(1) In general.--At any time, the Secretary may impose a clinical hold with respect to an investigation of an in vitro clinical test if the Secretary makes a determination described in paragraph (2). The Secretary shall, in imposing such clinical hold, specify the basis for the clinical hold, including the specific information available to the Secretary which served as the basis for such clinical hold, and confirm such determination in writing. The applicant or sponsor may immediately appeal any such determination pursuant to section 587O. ``(2) Determination.--For purposes of paragraph (1), a determination described in this subparagraph with respect to a clinical hold is a determination that-- ``(A) the in vitro clinical test involved represents an unreasonable risk to the safety of the persons who are the subjects of the clinical investigation, taking into account the qualifications of the clinical investigators, information about the in vitro clinical test, the design of the clinical investigation, the condition for which the in vitro clinical test is to be investigated, and the health status of the subjects involved; ``(B) the clinical hold should be issued for such other reasons as the Secretary may by regulation establish; or ``(C) any written request to the Secretary from the sponsor of an investigation that a clinical hold be removed shall receive a decision, in writing and specifying the reasons therefor, within 30 days after receipt of such request. Any such request shall include sufficient information to support the removal of such clinical hold. ``SEC. 587S. COLLABORATIVE COMMUNITIES FOR IN VITRO CLINICAL TESTS. ``(a) In General.-- ``(1) For the purposes of facilitating community solutions and decision making with respect to in vitro clinical tests, the Secretary may participate in collaborative communities comprised of public and private participants that may provide recommendations and other advice to the Secretary on the development and regulation of in vitro clinical tests. ``(2) A collaborative community under this section shall have broad representation of interested private and public- sector stakeholder communities and may include patients, care partners, academics, health care professionals, health care systems, payors, Federal and State agencies, entities responsible for accrediting clinical laboratories, international regulatory bodies, test developers, or other interested entities or communities. ``(b) Guidance.--The Secretary shall issue a draft guidance not later than 180 days after the date of enactment of the Verifying Accurate Leading-edge IVCT Development Act of 2021, addressing the participation process and framework to build consensus, and how the Secretary may consider, review, and implement recommendations under subsection (c). ``(c) Recommendations.--A collaborative community for in vitro clinical tests may make recommendations to the Secretary on matters including-- ``(1) mitigating measures for in vitro clinical tests; ``(2) standards development activities and performance standards for in vitro clinical tests or groups of such tests; ``(3) scientific and clinical evidence to support new claims for in vitro clinical tests; ``(4) new technologies and methodologies related to in vitro clinical tests; ``(5) stakeholder communication and engagement; and ``(6) development of effective policies and processes, including to develop tests, and to regulate such tests in accordance with least burdensome requirements described in section 587B(j). ``(d) Use by Secretary.-- ``(1) In general.--The Secretary may adopt recommendations made under subsection (b), or otherwise incorporate the feedback from collaborative communities into regulatory decision making, through rulemaking or guidance, as appropriate. ``(2) Clarification.--The Secretary is not required to adopt recommendations submitted by collaborative communities. ``(e) Transparency.--The Secretary shall-- ``(1) publish on the website of the Food and Drug Administration matters for which it is seeking comments or recommendations, in a timely manner; ``(2) maintain a list of all collaborative communities in which the Secretary participates and make such list available on the website of the Food and Drug Administration; and ``(3) post on the website of the Food and Drug Administration at least once every year a report on the recommendations it has adopted and recommendations it has not adopted from collaborative communities. ``(f) Participation.--The Secretary may participate in a collaborative community only if such community requires members to disclose conflicts of interest and has established a process to address conflicts of interest. ``(g) Exemption.--The collaborative communities established and used in accordance with this section shall be exempt from the Federal Advisory Committee Act (5 U.S.C. App.). ``SEC. 587T. COMPREHENSIVE TEST INFORMATION SYSTEM. ``(a) Purpose.--For the purposes of improving the transparency of information on in vitro clinical tests and allowing patients and health care providers better access to information about in vitro clinical tests, the Secretary shall establish a comprehensive test information system. ``(b) Establishment.--Not later than 2 years after the date of enactment of the Verifying Accurate Leading-edge IVCT Development Act of 2021, the Secretary shall make available a comprehensive test information system for in vitro clinical tests that is designed to-- ``(1) provide a transparent interface on the website of the Food and Drug Administration for stakeholders, to the extent permitted by applicable law, to access the-- ``(A) regulatory pathway designation information for each in vitro clinical test or tests with the same indications for use; ``(B) registration and listing information provided by developers under section 587I, including the use of a link for labels; ``(C) adverse event reports submitted under section 587L; ``(D) reports of corrections and removals submitted under section 587M; and ``(E) other information pertaining to an in vitro clinical test or tests with the same indications for use, as the Secretary determines appropriate; and ``(2) provide a secure portal for electronic submission, including applications and other in vitro clinical test submissions, registration and listing information, and adverse event reports. ``(c) Submission Function.--The comprehensive test information system shall serve as the electronic submission service for test developers submitting information for applications under sections 587B and 587D. ``SEC. 587U. PREEMPTION. ``(a) In General.--No State, Tribal, or local government (or political subdivision thereof) may establish or continue in effect any requirement related to the development, manufacture, labeling, distribution, sale, or use of an in vitro clinical test that is different from, or in addition to, the requirements of this subchapter. ``(b) Exceptions.--Subsection (a) shall not be construed to affect the authority of a State, Tribal, or local government-- ``(1) to license laboratory personnel, health care practitioners, or health care facilities or to regulate any aspect of a health care practitioner-patient relationship; or ``(2) to enforce laws of general applicability, such as zoning laws, environmental laws, labor laws, and general business laws. ``(c) Clarification.--This section shall not be construed to shift liability to health care practitioners or other users. ``SEC. 587V. ADULTERATION. ``An in vitro clinical test shall be deemed to be adulterated: ``(1) If it consists in whole or in part of any filthy, putrid, or decomposed substance. ``(2) If it has been developed, prepared, packed, or held under insanitary conditions whereby it may have been contaminated with filth, or whereby it may have been rendered injurious to health. ``(3) If its container or package is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health. ``(4) If it bears or contains, for purposes of coloring only, a color additive which is unsafe within the meaning of section 721(a). ``(5) If its analytical or clinical validity, or with respect to a specimen receptacle, its safety, or its strength, purity, or quality, differs from or falls below that which it purports or is represented to possess. ``(6) If it is required to be, declared to be, purports to be, or is represented as being, in conformity with any performance standard established or recognized under section 587Q and is not in all respects in conformity with such standard. ``(7) If it is required to be in conformity with a mitigating measure established under section 587E and is not in all respects in conformity with such mitigating measure. ``(8) If it fails to have an approved premarket application under section 587B unless such in vitro clinical test can be lawfully offered-- ``(A) for clinical use pursuant to an exemption under section 587A; ``(B) for emergency use pursuant to an authorization under section 564; or ``(C) for investigational use pursuant to section 587R. ``(9) If it is not in conformity with any condition established under section 587B, 587D, or 564. ``(10) If it purports to be an in vitro clinical test that is offered for clinical use subject to an exemption under section 587A and it fails to meet or maintain any criteria, condition, or requirement of such exemption. ``(11) If it has been granted an exemption under section 587R for investigational use, and the person granted such exemption or any investigator who uses such in vitro clinical test under such exemption fails to comply with a requirement prescribed by or under such section. ``(12) If it fails to meet the quality requirements prescribed in or established under section 587J (as applicable), or the methods used in, or facilities or controls used for, its development, manufacture, packing, storage, or installation are not in conformity with applicable requirements established under such section. ``(13) If it has been developed, manufactured, processed, packed or held in any establishment, factory, or warehouse and the owner, operator or agent of such establishment, factory, or warehouse delays, denies, or limits an inspection, or refuses to permit entry or inspection. ``(14) If it is not in compliance with any restriction required under section 587N. ``SEC. 587W. MISBRANDING. ``An in vitro clinical test shall be deemed to be misbranded: ``(1) If its labeling is false or misleading in any particular. ``(2) If in a package form unless it bears a label containing-- ``(A) the name and place of business of the test developer, manufacturer, packer, or distributor; and ``(B) an accurate statement of the quantity of contents in terms of weight, measure, or numerical count with respect to small packages, unless an exemption is granted by the Secretary by the issuance of guidance. ``(3) If any word, statement, or other information required by or under authority of this Act to appear on the label or labeling, including a test report, is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs, or devices, in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use. ``(4) Unless its labeling bears adequate directions for use and such adequate warnings as are necessary for the protection of users of the in vitro clinical test and recipients of the results of such in vitro clinical test, including patients, consumers, donors, and related health care professionals. Required labeling for in vitro clinical tests intended for use in health care facilities or by a health care professional may be made available solely by electronic means, provided that the labeling complies with all applicable requirements of law, and that the test developer, manufacturer, or distributor affords such users the opportunity to request the labeling in paper form, and after such request, promptly provides the requested information without additional cost. ``(5) If it causes serious or adverse health consequences or death, including through absence, delay, or discontinuation in diagnosis or treatment, when used in the manner prescribed, recommended, or suggested in the labeling thereof. ``(6) If it was developed or manufactured in an establishment not duly registered under section 587I or it was not included in a listing under section 587I, in accordance with timely reporting requirements under this subchapter. ``(7) In the case of any in vitro clinical test subject to restrictions under section 587N, (1) if its advertising is false or misleading in any particular, (2) if it is offered for clinical use, sold, distributed, or used in violation of such restrictions, or (3) unless the test developer, manufacturer, or distributor includes in all advertisements and other descriptive printed matter that such person issues or causes to be issued, a brief statement of the intended uses of the in vitro clinical test and relevant warnings, precautions, side effects, and contraindications. This subsection shall not be applicable to any printed matter that the Secretary determines to be labeling as defined in section 201(m) or section 587K. ``(8) If it was subject to a mitigating measure established under section 587E, unless it bears such labeling as may be prescribed in such mitigating measure. ``(9) If it was subject to a standard established under section 587Q, unless it bears such labeling as may be prescribed in such standard. ``(10) Unless it bears such labeling as may be prescribed by or established under an applicable labeling requirement under this Act. ``(11) If there was a failure or refusal to comply with any requirement prescribed under section 587I or 587X, or to comply with a requirement under section 587Y, or to provide any report, material, or information required under this subchapter. ``SEC. 587X. POSTMARKET SURVEILLANCE. ``(a) In General.-- ``(1) In general.--In addition to other applicable requirements under this Act, the Secretary may issue an order requiring a developer to conduct postmarket surveillance of a single in vitro clinical test as a condition of approval under section 587B. ``(2) Exempt tests.--The Secretary may order postmarket surveillance for tests exempt pursuant to section 587A for which the failure of the in vitro clinical test to meet the applicable standard for approval is likely to result in serious or adverse health consequences or death from use of the single in vitro clinical test. ``(3) Consideration.--In determining whether to require a developer to conduct postmarket surveillance of an in vitro clinical test, the Secretary shall take into consideration the benefits and risks for the patient and the least burdensome principles under section 587B. ``(b) Surveillance Approval.-- ``(1) Each developer required to conduct a surveillance of an in vitro clinical test shall submit, within 30 days of receiving an order from the Secretary, a plan for the required surveillance. The Secretary, within 60 days of the receipt of such plan, shall determine if the person designated to conduct the surveillance has the appropriate qualifications and experience to undertake such surveillance and if the plan will result in useful data that can reveal unforeseen adverse events or other information necessary to protect the health of patients or the public. ``(2) The developer shall commence surveillance under this section not later than 15 months after the day on which the Secretary orders such postmarket surveillance, unless the Secretary determines more time is needed to commence surveillance. ``(3) The Secretary may order a prospective surveillance period of up to 3 years. Any determination by the Secretary that a longer period is necessary shall be made by mutual agreement between the Secretary and the manufacturer or, if no agreement can be reached, after the completion of a dispute resolution process. ``SEC. 587Y. ELECTRONIC FORMAT FOR SUBMISSIONS. ``(a) In General.--All presubmissions and submissions to the Food and Drug Administration with respect to an in vitro clinical test shall include an electronic copy of such presubmission or submission, and, with respect to the information required under sections 587B and 587D, shall utilize the system described in section 587T. ``(b) Electronic Format.--Beginning on such date as the Secretary specifies in final guidance issued under subsection (c), presubmissions and submissions for in vitro clinical tests (and any appeals of action taken by the Secretary with respect to such presubmissions and submissions) shall be submitted solely in such electronic format as specified by the Secretary in such guidance. ``(c) Guidance.--The Secretary shall issue guidance implementing this section. In such guidance, the Secretary may-- ``(1) provide standards for the electronic copy required under subsection (a) or the submission in electronic format required under subsection (b); ``(2) set forth criteria for waivers of or exemptions from the requirements of subsection (a) or (b); and ``(3) provide any other information for the efficient implementation and enforcement of this section. ``SEC. 587Z. POSTMARKET REMEDIES. ``(a) Safety Notice.-- ``(1) In general.--If the Secretary determines that an in vitro clinical test presents an unreasonable risk of substantial harm to the public health, and notification under this subsection is necessary to eliminate the unreasonable risk of such harm and no more practicable means is available under the provisions of this Act (other than this section) to eliminate the risk, the Secretary may issue such order as may be necessary to ensure that adequate safety notice is provided in an appropriate form, by the persons and means best suited under the circumstances, to all health care professionals who prescribe, order, or use the in vitro clinical test and to any other person (including developers, manufacturers, importers, distributors, retailers, and users) who should properly receive such notice. ``(2) Notice to individuals.--An order under this subsection shall require that the individuals subject to the risk with respect to which the order is to be issued be included in the persons to be notified of the risk unless the Secretary determines that notice to such individuals would present a greater danger to the health of such individuals than no such notice. If the Secretary makes such a determination with respect to such individuals, the order shall advise the health care professionals who prescribed, ordered, or used the in vitro clinical test provide notification to the individuals for whom the health professionals prescribed, ordered, or used such test, of the risk presented by such in vitro clinical test and of any action which may be taken by or on behalf of such individuals to eliminate or reduce such risk. Before issuing an order under this subsection, the Secretary shall consult with the persons required to give notice under the order. ``(b) Repair, Replacement, or Refund.-- ``(1) Determination after an informal hearing.-- ``(A) In general.--If, after affording opportunity for an informal hearing, the Secretary determines that-- ``(i) an in vitro clinical test presents an unreasonable risk of substantial harm to the public health; ``(ii) there are reasonable grounds to believe that the in vitro clinical test was not properly developed or manufactured considering the state of the art as it existed at the time of its development or manufacture; ``(iii) there are reasonable grounds to believe that the unreasonable risk was not caused by failure of a person other than a developer, manufacturer, importer, distributor, or retailer of the in vitro clinical test to exercise due care in the installation, maintenance, repair, or use of the in vitro clinical test; and ``(iv) the notice authorized by subsection (a) would not by itself be sufficient to eliminate the unreasonable risk and action described in paragraph (2) of this subsection is necessary to eliminate such risk, the Secretary may order the developer, manufacturer, importer, or any distributor of such in vitro clinical test, or any combination of such persons, to submit to him within a reasonable time a plan for taking one or more of the actions described in paragraph (2). An order issued under the preceding sentence which is directed to more than one person shall specify which person may decide which action shall be taken under such plan and the person specified shall be the person who the Secretary determines bears the principal, ultimate financial responsibility for action taken under the plan unless the Secretary cannot determine who bears such responsibility or the Secretary determines that the protection of the public health requires that such decision be made by a person (including a health professional or user of the in vitro clinical test) other than the person the Secretary determines bears such responsibility. ``(B) Secretary approval of plan.--Within 30 calendar days of issuing an order under subparagraph (A), the Secretary shall approve a plan submitted pursuant to an order issued under subparagraph (A) unless the Secretary determines (after affording opportunity for an informal hearing) that the action or actions to be taken under the plan or the manner in which such action or actions are to be taken under the plan will not assure that the unreasonable risk with respect to which such order was issued will be eliminated. If the Secretary disapproves a plan, the Secretary shall order a revised plan to be submitted within a reasonable time. If the Secretary determines (after affording opportunity for an informal hearing) that the revised plan is unsatisfactory or if no revised plan or no initial plan has been submitted to the Secretary within the prescribed time, the Secretary shall (i) prescribe a plan to be carried out by the person or persons to whom the order issued under subparagraph (A) was directed, or (ii) after affording an opportunity for an informal hearing, by order prescribe a plan to be carried out by a person who is a manufacturer, importer, distributor, or retailer of the in vitro clinical test with respect to which the order was issued but to whom the order under subparagraph (A) was not directed. ``(2) Actions on a plan.--The actions which may be taken under a plan submitted under an order issued under paragraph (1) are as follows: ``(A) To repair the in vitro clinical test so that it does not present the unreasonable risk of substantial harm with respect to which the order under paragraph (1)(A) was issued. ``(B) To replace the in vitro clinical test with a like or equivalent test which is in conformity with all applicable requirements of this Act. ``(C) To refund the purchase price of the in vitro clinical test (less a reasonable allowance for use if such in vitro clinical test has been in the possession of the user for one year or more at the time of notice ordered under subsection (a), or at the time the user receives actual notice of the unreasonable risk with respect to which the order was issued under paragraph (1)(A), whichever occurs first). ``(3) No charge.--No charge shall be made to any person (other than a developer, manufacturer, importer, distributor or retailer) for using a remedy described in paragraph (2) and provided under an order issued under paragraph (1), and the person subject to the order shall reimburse each person (other than a developer, manufacturer, importer, distributor, or retailer) who is entitled to such a remedy for any reasonable and foreseeable expenses actually incurred by such person in availing himself of such remedy. ``(c) Reimbursement.--An order issued under subsection (b)(1)(A) with respect to an in vitro clinical test may require any person who is a developer, manufacturer, importer, distributor, or retailer of the in vitro clinical test to reimburse any other person who is a developer, manufacturer, importer, distributor, or retailer of such in vitro clinical test for such other person's expenses actually incurred in connection with carrying out the order if the Secretary determines such reimbursement is required for the protection of the public health. Any such requirement shall not affect any rights or obligations under any contract to which the person receiving reimbursement or the person making such reimbursement is a party. ``(d) Recall Authority.-- ``(1) In general.--If the Secretary finds that there is a reasonable probability that an in vitro clinical test approved under section 587B would cause serious, adverse health consequences or death, including by the absence, delay, or discontinuation of appropriate medical treatment, the Secretary shall issue an order requiring the appropriate person (including the developers, manufacturers, importers, distributors, or retailers of the in vitro clinical test)-- ``(A) to immediately cease distribution of such in vitro clinical test; and ``(B) to immediately notify health professionals and user facilities of the order and to instruct such professionals and facilities to cease use of such in vitro clinical test. ``(2) Informal hearing.--The order issued under paragraph (1)(A), shall provide the person subject to the order with an opportunity for an informal hearing, to be held not later than 10 calendar days after the date of the issuance of the order, on the actions required by the order and on whether the order should be amended to require a recall of such in vitro clinical test. If, after providing an opportunity for such a hearing, the Secretary determines that inadequate grounds exist to support the actions required by the order, the Secretary shall vacate the order. ``(3) Amended order.-- ``(A) In general.--If, after providing an opportunity for an informal hearing under paragraph (2), the Secretary determines that the order should be amended to include a recall of the in vitro clinical test with respect to which the order was issued, the Secretary shall, except as provided in subparagraph (B), amend the order to require a recall. The Secretary shall specify a timetable in which the recall will occur and shall require periodic reports describing the progress of the recall. ``(B) Requirements.--An amended order under subparagraph (A)-- ``(i) shall not include recall of the in vitro clinical test from individuals; ``(ii) shall not include recall of an in vitro clinical test from test user facilities if the Secretary determines that the risk of recalling such in vitro clinical test from the facilities presents a greater health risk than the health risk of not recalling the in vitro clinical test from use; and ``(iii) shall provide for notice to individuals subject to the risks associated with the use of such in vitro clinical test. In providing the notice required by this clause, the Secretary may use the assistance of health professionals who prescribed, ordered, or used such an in vitro clinical test for individuals. ``(4) Clarification.--The remedy provided by this subsection shall be in addition to remedies provided by subsections (b) and (c).''. SEC. 4. ENFORCEMENT AND OTHER PROVISIONS. (a) Prohibited Acts.--Section 301 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331) is amended-- (1) in paragraphs (a), (b), (c), (g), (k), (q), (r), and (y), by inserting ``in vitro clinical test,'' after ``device,'' each place it appears; (2) in paragraph (y) by inserting ``or 587P'' after ``section 523'' each place it appears; and (3) by adding at the end, the following: ``(fff)(1) The introduction or delivery for introduction into interstate commerce of an in vitro clinical test in violation of section 587B(a). ``(2) The false, fraudulent, or deceptive claiming for an in vitro clinical test of an exemption from the premarket review required under section 587B. ``(3) When claiming an exemption under section 587A from the premarket review required under section 587B, the failure to maintain complete and accurate documentation for the exemption as required under section 587A or the failure to provide labeling required under section 587A. ``(4) With respect to an in vitro clinical test, the submission of any report that is required by or under this Act that is false or misleading in any material respect. ``(5) The making of a false, fraudulent, or materially deceptive analytical or clinical claim for an in vitro clinical test-- ``(A) in any application, report, or notification submitted to the Secretary under this Act; or ``(B) in the labeling or advertising of an in vitro clinical test. ``(6) The failure to comply with a condition of approval, performance standard, mitigating measure, or restriction established in an order approving an application or supplement under section 587B; the failure to perform a risk analysis required by section 587B; the failure to submit an annual report required under section 587B(k); or the failure to complete postmarket studies required under section 587V. ``(7) The marketing of an in vitro clinical test in violation of-- ``(A) an order issued by the Secretary under section 587A; or ``(B) any requirement under section 587A. ``(8) With respect to technology certification under section 587D, the refusal to permit, or unreasonable delay in permitting, an inspection authorized under section 587D(f)(3)(G); the failure to comply with applicable requirements to submit an application or report under section 587D(e); or the failure to comply with applicable maintenance requirements under section 587D(h). ``(9) The failure to comply with an applicable mitigating measure established under section 587E or to maintain the documentation required under section 587E(b); or the failure to comply with a performance standard established under section 587Q. ``(10) The failure to register in accordance with section 587I, the failure to provide information required under section 587I(b), or the failure to maintain or submit information required under section 587I(c). ``(11) The failure to submit a report required under section 587L or 587M; the failure to comply with a restriction imposed under section 587N; or the failure to comply with labeling and advertising requirements under section 587N(b). ``(12) The failure to comply with the requirements of section 587P (relating to accredited persons). ``(13) The failure to comply with any requirement prescribed or established under section 587R; the failure to furnish any notification, information, material, or report required under section 587R; or the failure to comply with an order issued under section 587R.''. (b) Penalties.--Section 303(f)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 333(f)(1)) is amended-- (1) in subparagraph (A), by inserting ``or in vitro clinical tests'' after ``devices''; and (2) in subparagraph (B)(i)-- (A) by inserting ``, or 587J or 587L,'' after ``520(f)''; and (B) by inserting ``, or who violates section 587M(b) with respect to a correction report'' after ``risk to public health''. (c) Seizure.--Section 304 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 334) is amended-- (1) in subsection (a)(2)-- (A) by striking ``and'' before ``(E) Any''; and (B) by inserting ``, and (F) Any adulterated or misbranded in vitro clinical test'' after ``tobacco product''; (2) in subsection (d)(1), by inserting ``in vitro clinical test,'' after ``device,''; and (3) in subsection (g)-- (A) in paragraph (1), by inserting ``, in vitro clinical test,'' after ``device'' each place it appears; and (B) in paragraph (2)-- (i) in subparagraph (A), by inserting ``, in vitro clinical test,'' after ``device''; and (ii) in subparagraph (B), by inserting ``or in vitro clinical test'' after ``device'' each place it appears. (d) Debarment, Temporary Denial of Approval, and Suspension.-- Section 306 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 335a) is amended by adding at the end the following: ``(n) In Vitro Clinical Tests; Mandatory Debarment Regarding Third- Party Inspections and Reviews.-- ``(1) In general.--If the Secretary finds that a person has been convicted of a felony under section 301(gg), 301(fff)(2), 301(fff)(5), or 301(fff)(8), the Secretary shall debar such person from being accredited under section 587P and from carrying out activities under an agreement described in section 803(b). ``(2) Debarment period.--The Secretary shall debar a person under paragraph (1) for the following periods: ``(A) The period of debarment of a person (other than an individual) shall not be less than 1 year or more than 10 years, but if an act leading to a subsequent debarment under such paragraph occurs within 10 years after such person has been debarred under such paragraph, the period of debarment shall be permanent. ``(B) The debarment of an individual shall be permanent. ``(3) Termination of debarment; judicial review; other matters.--Subsections (c)(3), (d), (e), (i), (j), and (l)(1) apply with respect to a person (other than an individual) or an individual who is debarred under paragraph (1) to the same extent and in the same manner as such subsections apply with respect to a person who is debarred under subsection (a)(1), or an individual who is debarred under subsection (a)(2), respectively.''. (e) Judicial Review.--Section 517(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360g(a)) is amended-- (1) in paragraph (8), by striking ``or'' at the end; (2) in paragraph (9), by inserting ``or'' after the comma at the end; and (3) before the matter that follows paragraph (9), by inserting the following: ``(10) an order issued pursuant to section 587B, 587D, 587R, or 587S,''. (f) Expanded Access to Unapproved Therapies and Diagnostics.-- Section 561 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb) is amended-- (1) in subsections (a) through (d)-- (A) by striking ``or investigational devices'' each place it appears and inserting ``, investigational devices, or investigational in vitro clinical tests''; and (B) by striking ``or investigational device'' each place it appears (other than the second such place in paragraph (3)(A)) and inserting ``, investigational device, or investigational in vitro clinical test''; (2) in subsection (b)(4) by striking ``or 520(g)'' and inserting ``, 520(g), or 587R'' each place it appears; (3) in subsection (c)-- (A) by amending the subsection heading to read: ``Treatment Investigational New Drug Applications, Treatment Investigational Device Exemptions, and Treatment Investigational in Vitro Clinical Test Exemptions''; (B) in paragraph (3)(A), by striking ``or investigational device exemption in effect under section 520(g)'' and inserting ``, investigational device exemption in effect under section 520(g), or investigational in vitro clinical test exemption under section 587R''; (C) by striking ``or treatment investigational device exemption'' each place it appears and inserting ``, treatment investigational device exemption, or treatment investigational in vitro clinical test exemption''; and (D) in the matter following paragraph (7) by striking ``or 520(g)'' each place it appears and inserting ``, 520(g) or 587R''; and (4) by amending subsection (e) to read as follows: ``(e) Definitions.--In this section, the terms `investigational drug', `investigational device', `investigational in vitro clinical test', `treatment investigational new drug application', `treatment investigational device exemption', and `treatment investigational in vitro clinical test exemption' shall have the meanings given the terms in regulations prescribed by the Secretary.''. (g) Optimizing Global Clinical Trials.--Section 569A(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb-8a(b)) is amended by inserting ``an in vitro clinical test, as defined in subsection (ss) of such section,'' before ``or a biological product''. (h) Patient Participation in Medical Product Discussion.--The heading of subsection (a) of section 569C of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb-8c) is amended by striking ``Drugs and Devices'' and inserting ``Drugs, Devices, and In Vitro Clinical Tests''. (i) Regulations and Hearings.--Section 701(h)(1)(C)(ii) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 371(h)(1)(C)(ii)) is amended by inserting ``and in vitro clinical tests'' after ``devices''. (j) Factory Inspection.--Section 704 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 374) (other than subsection (g)) is amended-- (1) by striking ``drugs or devices'' each place it appears and inserting ``drugs, devices, or in vitro clinical tests''; (2) in subsection (a)(1), in the third sentence, by striking ``or chapter IX'' and inserting ``section 587R or chapter IX''; (3) in subsection (a)(2)(B)-- (A) by inserting ``or in vitro clinical tests'' after ``prescribe or use devices''; and (B) by inserting ``or in vitro clinical tests'' after ``process devices''; (4) by inserting ``in vitro clinical test,'' after ``device,'' each place it appears; (5) after making the amendments in paragraphs (1) and (2), by inserting ``in vitro clinical tests,'' after ``devices,'' each place it appears; (6) in subsection (e), by inserting ``, or section 587L, 587M, or 587R,'' after ``section 519 or 520(g)''; and (7) in subsection (f)(3)-- (A) in subparagraph (A), by striking ``or'' at the end; (B) in subparagraph (B), by striking the period at the end and inserting ``; or''; and (C) after subparagraph (B), by inserting the following: ``(C) is accredited under section 587P.''. (k) Publicity.--Section 705(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 375(b)) is amended by inserting ``in vitro clinical tests,'' after ``devices,''. (l) Presumption.--Section 709 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379a) is amended by inserting ``in vitro clinical test,'' after ``device,''. (m) Imports and Exports.--Section 801 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 381) is amended-- (1) in subsection (a)-- (A) by inserting ``in vitro clinical tests,'' after ``devices,'' each place it appears; and (B) by inserting ``in the case of an in vitro clinical test, the test does not conform to the applicable requirements of section 587J, or'' after ``requirements of section 520(f), or''; (2) in subsection (d)(3)-- (A) in subparagraph (A)-- (i) in the matter preceding clause (i), by inserting ``and no component of an in vitro clinical test or other article of in vitro clinical test that requires further processing,'' after ``health-related purposes''; (ii) in clause (i), by striking ``drug or device'' and inserting ``drug, device, or in vitro clinical test''; and (iii) in clause (i)(I), by inserting ``in vitro clinical test,'' after ``device,''; and (B) in subparagraph (B), by inserting ``in vitro clinical test,'' after ``device,''; and (3) in subsection (e)(1), by inserting ``in vitro clinical test,'' after ``device,''. (n) Office of International Relations.--Section 803 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 383) is amended-- (1) in subsection (b)-- (A) in the matter preceding paragraph (1), by inserting ``and in vitro clinical tests'' after ``devices''; and (B) in paragraph (1), by inserting ``quality requirements established under section 587J; and'' at the end; and (2) in subsection (c)-- (A) in paragraph (2), by inserting ``in vitro clinical tests,'' after ``devices,''; and (B) in paragraph (4), by inserting ``or in vitro clinical tests'' after ``devices''. (o) Recognition of Foreign Government Inspections.--Section 809(a)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 384e(a)(1)) is amended by inserting ``, or section 587I'' after ``510(h)''. (p) Food and Drug Administration.--Section 1003(b)(2) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 393(b)(2)) is amended-- (1) in subparagraph (D), by striking ``and'' at the end; (2) in subparagraph (E), by striking the semicolon at the end and inserting ``; and''; and (3) by adding at the end the following: ``(F) in vitro clinical tests are analytically and clinically valid;''. (q) Office of Women's Health.--Section 1011(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 399b(b)) is amended-- (1) in paragraph (1), by inserting ``in vitro clinical tests,'' after ``devices,''; and (2) in paragraph (4), by striking ``and device manufacturers'' and inserting ``device manufacturers, and in vitro clinical test developers,''. (r) Countermeasure Provisions of the PHSA.--Title III of the PHSA is amended-- (1) in section 319F-2(c)(1)(B) (42 U.S.C. 247d-6b(c)(1)(B)) is amended-- (A) by striking ``or device'' and inserting ``device''; and (B) by inserting ``or an in vitro clinical test (as that term is defined in section 201(ss) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(ss)))'' after ``Act (21 U.S.C. 321(h)))''; (2) in section 319F-1(a)(2) (42 U.S.C. 247d-6a(a)(2)), by inserting ``an in vitro clinical tests (as that term is defined in section 201(ss) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(ss))),'' before ``or device''; and (3) in section 319F-3(i)(7) (42 U.S.C. 247d-6d(i)(7)), by inserting ``an in vitro clinical tests (as that term is defined in section 201(ss) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(ss))),'' before ``or device''. SEC. 5. TRANSITION. (a) Implementation.-- (1) Effective date.-- (A) In general.--Except as otherwise provided in this section, the amendments made by this Act apply 4 years after the date of enactment of this Act (in this section and in subchapter J of chapter V of the Federal Food, Drug, and Cosmetic Act, as added by this Act, referred to in this section as the ``effective date of this Act''). (B) Exception.--The Secretary of Health and Human Services (in this section referred to as the ``Secretary'') may take the actions described in paragraph (2), and may expend such funds as the Secretary determines necessary to ensure an orderly transition. (2) Actions.--The Secretary shall, prior to the date on which the amendments made by this Act generally apply pursuant to paragraph (1)-- (A) within 1 year of the date of enactment of this Act hold the public meetings described in subchapter J of chapter V of the Federal Food, Drug, and Cosmetic Act, as added by section 3; (B) within 2 years of the date of enactment of this Act promulgate final regulations required under sections 587B, 587D, 587L, 587M, 587V, and 587W; and (C) within 2 years of the date of enactment of this Act issue final guidance on applicability requirements under section 587A. (3) Applicability of regulations.--Notwithstanding the date on which guidance or regulations are issued under paragraph (2), no guidance or regulations issued pursuant to the amendments made by this Act shall take effect until the effective date of this Act, as described in paragraph (1), except as otherwise provided for transitional tests under this section. (b) Application of Authorities to In Vitro Clinical Tests Until and After Effective Date of This Act.--Except as provided in subsections (c) and (d), for any in vitro clinical test as defined in section 201(ss) of the Federal Food, Drug, and Cosmetic Act, as added by this Act, the following authorities shall apply: (1) Tests offered prior to enactment.--An in vitro clinical test that meets the criteria for a grandfathered test as set forth in section 587A(c)(2) of the Federal Food, Drug, and Cosmetic Act, as added by section 3, may continue to be offered for clinical use and shall be subject only to applicable provisions of section 353 of the Public Health Service Act and section 587A(a)(4) of the Federal Food, Drug, and Cosmetic Act, as added by section 3. (2) Tests approved or cleared on or after the date of enactment but prior to the effective date.--Before any in vitro clinical test as defined in section 201(ss) of the Federal Food, Drug, and Cosmetic Act, as added by this Act, is first offered, sold, or distributed after the date of enactment of this Act, but prior to the effective date of this Act, such product or test shall be considered a transitional test as described under subsection (c) and comply with the applicable device provisions of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) and the Public Health Service Act (42 U.S.C. 201 et seq.). (3) Tests under fda review beginning on or after the date of enactment of this act but prior to implementation.--For any in vitro clinical test as defined in section 201(ss) of the Federal Food, Drug, and Cosmetic Act, as added by this Act, for which a submission for marketing authorization under section 515, clearance under section 510(k), authorization under section 513(f)(2), approval under section 520(m), or emergency use authorization under section 564 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360e, 360(k), 360c(f)(2), 360j(m), 360bbb-3) or approval under the Public Health Service Act (42 U.S.C. 201 et seq.) is pending on the effective date of this Act, the Secretary may review and take action on such submission after the effective date of this Act according to the statutory provision under which such submission was submitted. (c) Application of Authorities to Transitional and Grandfathered In Vitro Clinical Tests.-- (1) Definition.--For purposes of this section, the term ``transitional in vitro clinical test'' means an in vitro clinical test, as defined in section 201(ss) of the Federal Food, Drug, and Cosmetic Act, as added by this Act, that-- (A) is offered for clinical use during the period beginning on the date of enactment of this Act and ending on the date that is 90 days after the effective date of this Act; (B) is developed by a clinical laboratory certified by the Secretary under section 353 of the Public Health Service Act (42 U.S.C. 263a) that meets the requirements for performing high-complexity testing for use only within that certified laboratory or another laboratory within the organization under common ownership; and (C) is not approved under section 515, cleared under section 510(k), authorized under section 513(f)(2), subject to an exemption under section 520(m), or authorized under section 564 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360e, 360(k), 360c(f)(2), 360j(m), 360bbb-3) or approval under the Public Health Service Act (42 U.S.C. 201 et seq.). (2) Premarket review or technology certification.--A transitional in vitro clinical test that is the subject of an application for premarket review under section 587B of the Federal Food, Drug, and Cosmetic Act or technology certification application under section 587D of such Act, as added by this Act, that is submitted prior to the effective date of this Act may continue to be offered, sold, or distributed until completion of the Secretary's review of the premarket application or technology certification application. (d) Conversion.-- (1) Deemed premarket approval.--Any in vitro clinical test (as defined in section 201(ss) of the Federal Food, Drug, and Cosmetic Act, as added by this Act) with a premarket approval under section 515, a clearance under section 510(k), an authorization under section 513(f), or a licensure under section 351 of the Public Health Service Act (42 U.S.C. 262) is deemed to have an approved application under section 587B of the Federal Food, Drug, and Cosmetic Act, as added by this Act, beginning on the later of-- (A) the effective date of this Act; or (B) such other date, not later than 3 years after such effective date, as the person responsible for the device selects. (2) Deemed investigational use approval.--Any in vitro clinical test (as defined in section 201(ss) of the Federal Food, Drug, and Cosmetic Act, as added by this Act) that has an approved investigational device exemption under section 520(g) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360j(g)) is deemed to have an approved investigational use under section 587Q of such Act, as added by this Act, beginning on the effective date of this Act. (e) Instruments.--An instrument (as defined in section 587 of the Federal Food, Drug, and Cosmetic Act, as added by this Act) that was purchased prior to the date of enactment of this Act and was not cleared, authorized, or approved by the Food and Drug Administration or part of an instrument family that was cleared, authorized, or approved by the Food and Drug Administration at the time of purchase may continue to be used by the purchaser to develop and introduce into interstate commerce an in vitro clinical test during the period beginning on the date of enactment of this Act and ending 5 years after such date of enactment. Beginning at the end of such period, any new in vitro clinical test that is developed and introduced into interstate commerce shall be based on an instrument (as defined in section 587(11) of the Federal Food, Drug, and Cosmetic Act, as added by section 3) that complies with the requirements of the Federal Food, Drug, and Cosmetic Act, as amended by this Act. (f) Relation to In Vitro Clinical Test Provision.--This section applies notwithstanding section 587A(a)(1)(C) of the Federal Food, Drug, and Cosmetic Act, as added by this Act. SEC. 6. EMERGENCY USE AUTHORIZATION. Section 564 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb-3) is amended-- (1) in paragraphs (1) and (4)(C) of subsection (a), by inserting ``in vitro clinical test,'' before ``or biological product'' each place such term appears; and (2) in subsection (e)(3)-- (A) in subparagraph (B), by striking ``and'' at the end; (B) in subparagraph (C), by striking the period and inserting ``; and''; and (C) by adding at the end the following: ``(D) quality system requirements (with respect to in vitro clinical tests) under section 587J.''. SEC. 7. ANTIMICROBIAL SUSCEPTIBILITY TESTS. Section 511A of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360a-2) is amended-- (1) in subsection (a)(1)(C)-- (A) by striking ``or approve under section 515'' and inserting ``approve under section 515, or approve, exempt, or issue a technology certification order under subchapter J''; and (B) by striking ``testing devices'' and inserting ``tests''; (2) in subsection (c)(5), by striking ``drug or device'' each place it appears and inserting ``drug, device, or in vitro clinical test''; (3) in subsection (e)-- (A) in the heading, by striking ``Testing Devices'' and inserting ``In Vitro Clinical Tests''; (B) in paragraph (1)-- (i) by striking ``and 515,'' and inserting ``515, 587B, and 587D''; (ii) by striking ``antimicrobial susceptibility testing device'' and inserting ``antimicrobial susceptibility in vitro clinical test''; and (iii) by striking ``such device'' and inserting ``such test''; (C) in paragraph (2)-- (i) in the heading, by striking ``testing devices'' and inserting ``in vitro clinical tests''; and (ii) by amending subparagraph (C) to read as follows: ``(C) The antimicrobial susceptibility in vitro clinical test meets all other requirements to be approved under section 587B or exempted from premarket review under section 587D.''; and (D) after making the amendments in subparagraphs (B)(ii), (B)(iii), and (C)(ii), by striking ``device'' each place it appears and inserting ``in vitro clinical test''; (4) in subsection (f), by amending paragraph (1) to read as follows: ``(1) The term `antimicrobial susceptibility in vitro clinical test' means an in vitro clinical test that utilizes susceptibility test interpretive criteria to determine and report the in vitro susceptibility of certain microorganisms to a drug (or drugs).''; and (5) in subsection (g)(2)-- (A) by amending the matter preceding subparagraph (A) to read as follows: ``(2) with respect to clearing under section 510(k), classifying under section 513(f)(2), approving under section 515 or section 587B, or exempting from approval requirements under section 587D--''; and (B) in subparagraph (A)-- (i) by striking ``device'' and inserting ``in vitro clinical test''; and (ii) by striking ``antimicrobial susceptibility testing device'' and inserting ``antimicrobial susceptibility in vitro clinical test''. SEC. 8. COMBINATION PRODUCTS. (a) In General.--Section 503(g) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 353(g)) is amended-- (1) in paragraph (1)-- (A) in subparagraph (A)-- (i) by inserting ``(except for a combination product constituted of a device and an in vitro clinical test)'' after ``agency center,''; and (ii) by inserting ``in vitro clinical test,'' before ``or biological product''; and (B) in subparagraph (D)-- (i) in the matter preceding clause (i), by striking ``. If the Secretary determines'' and inserting ``, except for a combination product constituted of a device and an in vitro clinical test. For other combination products, if the Secretary determines''; and (ii) in clause (ii)-- (I) by inserting ``or in vitro clinical test'' after ``device''; and (II) by inserting ``and in vitro clinical tests'' before ``shall''; (2) in paragraph (3), by striking ``safety and effectiveness or substantial equivalence'' and inserting ``safety and effectiveness, substantial equivalence, or analytical validity and clinical validity'' before ``for the approved constituent part''; (3) in paragraph (4)-- (A) in subparagraph (A), by striking ``or 513(f)(2) (submitted in accordance with paragraph (5))'' and inserting ``513(f)(2) (submitted in accordance with paragraph (5)), 587B, or an exempt test under section 587A, as applicable''; and (B) in subparagraph (B), by inserting ``or 587B'' after ``section 515''; (4) in paragraph (5)(A), by striking ``or 510(k)'' and inserting ``, 510(k), or 587B''; (5) in paragraph (7), by striking ``or substantial equivalence'' and inserting ``, substantial equivalence, or analytical validity and clinical validity''; (6) in paragraph (8), by adding at the end the following: ``(I) This paragraph shall not apply to a combination product constituted of a device and an in vitro clinical test.''; and (7) in paragraph (9)-- (A) in subparagraph (C)(i), by striking ``or 520(g)'' and inserting ``520(g), or 587B''; and (B) in subparagraph (D), by striking ``or 520'' and inserting ``520, or 587B''. (b) Classification of Products.--Section 563 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb-2) is amended by adding at the end the following: ``(d) Exemption.--This section shall not apply to a combination product constituted of a device and an in vitro clinical test.''. SEC. 9. RESOURCES. (a) Findings.--Congress finds that the fees authorized by this section will be dedicated to meeting the goals identified in the letters from the Secretary of Health and Human Services to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives, as set forth in the Congressional Record. (b) Establishment of User Fee Program.-- (1) Development of user fees for in vitro clinical tests.-- (A) In general.--Beginning not later than October 1, 2021, the Secretary of Health and Human Services (in this section referred to as the ``Secretary'') shall develop recommendations to present to Congress with respect to the goals, and plans for meeting the goals, for the process of the review of in vitro clinical test applications submitted under subchapter J of chapter V of the Federal Food, Drug, and Cosmetic Act, as added by this Act, for the first 5 fiscal years after fiscal year 2022. In developing such recommendations, the Secretary shall consult with-- (i) the Committee on Energy and Commerce of the House of Representatives; (ii) the Committee on Health, Education, Labor, and Pensions of the Senate; (iii) scientific and academic experts; (iv) health care professionals; (v) representatives of patient and consumer advocacy groups; and (vi) the regulated industry. (B) Prior public input.--Prior to beginning negotiations with the regulated industry on the authorization of such subchapter J, the Secretary shall-- (i) publish a notice in the Federal Register requesting public input on the authorization of user fees; (ii) hold a public meeting at which the public may present its views on the authorization, including specific suggestions for the recommendations submitted under subparagraph (E); (iii) provide a period of 30 days after the public meeting to obtain written comments from the public suggesting changes to such subchapter J; and (iv) publish any comments received under clause (iii) on the website of the Food and Drug Administration. (C) Periodic consultation.--Not less frequently than once every month during negotiations with the regulated industry, the Secretary shall hold discussions with representatives of patient and consumer advocacy groups to continue discussions of the authorization under such subchapter J and to solicit suggestions to be included in the recommendations transmitted to Congress under subparagraph (E). (D) Public review of recommendations.--After negotiations with the regulated industry, the Secretary shall-- (i) present the recommendations developed under subparagraph (A) to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives; (ii) publish such recommendations in the Federal Register; (iii) provide for a period of 30 days for the public to provide written comments on such recommendations; (iv) hold a meeting at which the public may present its views on such recommendations; and (v) after consideration of such public views and comments, revise such recommendations as necessary. (E) Transmittal of recommendations.-- (i) In general.--Not later than June 1, 2021, the Secretary shall transmit to Congress the revised recommendations under subparagraph (A), a summary of the views and comments received under such subparagraph, and any changes made to the recommendations in response to such views and comments. (ii) Recommendation requirements.--The recommendations transmitted under this subparagraph shall-- (I) include the number of full-time equivalent employees per fiscal year that are agreed to be hired to carry out the goals included in such recommendations for each year of the 5- year period; (II) provide that the amount of operating reserve balance in the user fee program established under this section is not more than the equivalent of 10 weeks of operating reserve; (III) require the development of a strategic plan for any surplus within the operating reserve account above the 10-week operating reserve within 2 years of the establishment of the program; (IV) include an operating reserve adjustment such that, if the Secretary has an operating reserve balance in excess of 10 weeks of such operating reserves, the Secretary shall decrease such fee revenue and fees to provide for not more than 10 weeks of such operating reserves; (V) if an adjustment is made as described in subclause (IV), provide the rationale for the amount of the decrease in fee revenue and fees shall be contained in the Federal Register; and (VI) provide that the fees assessed and collected for the full-time equivalent employees at the Center for Devices and Radiological Health, with respect to which the majority of time reporting data indicates are dedicated to the review of in vitro clinical tests, are not supported by the funds authorized to be collected and assessed under section 738 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379j). (F) Publication of recommendations.--The Secretary shall publish on the website of the Food and Drug Administration the revised recommendations under subparagraph (A), a summary of the views and comments received under subparagraphs (B) through (D), and any changes made to the recommendations originally proposed by the Secretary in response to such views and comments. (G) Minutes of negotiation meetings.-- (i) Public availability.--Before transmitting the recommendations developed under subparagraphs (A) through (F) to Congress, the Secretary shall make publicly available, on the website of the Food and Drug Administration, minutes of all negotiation meetings conducted under this subsection between the Food and Drug Administration and the regulated industry. (ii) Content.--The minutes described under clause (i) shall summarize any substantive proposal made by any party to the negotiations, any significant controversies or differences of opinion during the negotiations, and the resolution of any such controversy or difference of opinion. (2) Establishment of user fee program.--Effective on October 1, 2021, provided that the Secretary transmits the recommendations under paragraph (1)(E), the Secretary is authorized to collect user fees relating to the submission of in vitro clinical test applications submitted under subchapter J of chapter V of the Federal Food, Drug, and Cosmetic Act, as added by this Act. Fees under such program shall be assessed and collected only if the requirements under paragraph (4) are met. (3) Audit.-- (A) In general.--On the date that is 2 years after first receiving a user fee applicable to submission of an in vitro clinical test application submitted under subchapter J of chapter V of the Federal Food, Drug, and Cosmetic Act, as added by this Act, and on a biennial basis thereafter until October 1, 2027, the Secretary shall perform an audit of the costs of reviewing such applications under such subchapter J. Such an audit shall compare the costs of reviewing such applications under such subchapter J to the amount of the user fee applicable to such applications. (B) Alteration of user fee.--If the audit performed under subparagraph (A) indicates that the user fees applicable to applications submitted under such subchapter J exceed 30 percent of the costs of reviewing such applications, the Secretary shall alter the user fees applicable to applications submitted under such subchapter J such that the user fees do not exceed such percentage. (C) Accounting standards.--The Secretary shall perform an audit under subparagraph (A) in conformance with the accounting principles, standards, and requirements prescribed by the Comptroller General of the United States under section 3511 of title 31, United States Code, to ensure the validity of any potential variability. (4) Conditions.--The user fee program described in this subsection shall take effect only if the Food and Drug Administration issues draft guidance related to the review requirements for in vitro diagnostic tests that would be subject to premarket review under section 587B of the Federal Food, Drug, and Cosmetic Act, as added by section 3, the review requirements for test categories eligible for technology certification under section 587D of such Act, as added by section 3, and the parameters for the test categories that would be exempt from any review under subchapter J of chapter V of such Act. (5) User fee program definitions and resource requirements.-- (A) In general.--The term ``process for the review of in vitro clinical test applications'' means the following activities of the Secretary with respect to the review of premarket applications under section 587B of the Federal Food, Drug, and Cosmetic Act (as added by section 3), technology certification applications under section 587D of such Act (as added by section 3), and supplements for such applications: (i) The activities necessary for the review of premarket applications, premarket reports, and supplements to such applications. (ii) The issuance of action letters that allow the marketing of in vitro clinical tests or which set forth in detail the specific deficiencies in such applications, reports, supplements, or submissions and, where appropriate, the actions necessary to place them in condition for approval. (iii) The inspection of manufacturing establishments and other facilities undertaken as part of the Secretary's review of pending premarket applications, technology certifications, and supplements. (iv) Monitoring of research conducted in connection with the review of such applications, supplements, and submissions. (v) Review of in vitro clinical test applications subject to section 351 of the Public Health Service Act (42 U.S.C. 262), investigational new drug applications under section 505(i) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(i)), or investigational test exemptions under section 587A(m) of the Federal Food, Drug, and Cosmetic Act (as added by section 3), and activities conducted in anticipation of the submission of such applications under section 505(i) of the Federal Food, Drug, and Cosmetic Act or investigational use under section 587R of the Federal Food, Drug, and Cosmetic Act (as added by section 3). (vi) The development of guidance, policy documents, or regulations to improve the process for the review of premarket applications, technology certification applications, and supplements. (vii) The development of voluntary test methods, consensus standards, or mandatory performance standards in connection with the review of such applications, supplements, or submissions and related activities. (viii) The provision of technical assistance to in vitro clinical test developers in connection with the submission of such applications, reports, supplements, or submissions. (ix) Any activity undertaken in connection with the initial classification or reclassification of an in vitro clinical test in connection with any requirement for approval of an in vitro clinical test. (x) Evaluation of postmarket studies required as a condition of an approval of a premarket application of an in vitro clinical test. (xi) Compiling, developing, and reviewing information on relevant in vitro clinical tests to identify issues with the applicable standard for premarket applications, technology certification applications, and supplements. (B) Resource requirements.--Fees collected and assessed under this section shall be used for the process for the review of in vitro clinical test applications, as described in subparagraph (A), and shall-- (i) be subject to the limitation under section 738(g)(3) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379j(g)(3)), in the same manner that fees collected and assessed under section 737(9)(C) of such Act (21 U.S.C. 379i(9)(C)) are subject to such limitation; (ii) include travel expenses for officers and employees of the Food and Drug Administration only if the Secretary determines that such travel is directly related to an activity described in subparagraph (A); and (iii) not be allocated to purposes described under section 722(a) of the Consolidated Appropriations Act, 2018 (Public Law 115-141). (c) Reports.-- (1) Performance report.-- (A) In general.-- (i) General requirements.--Beginning with fiscal year 2021, for each fiscal year for which fees are collected under this section, the Secretary shall prepare and 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 annual reports concerning the progress of the Food and Drug Administration in achieving the goals identified in the recommendations transmitted to Congress by the Secretary pursuant to subsection (b)(1)(E) during such fiscal year and the future plans of the Food and Drug Administration for meeting the goals. (ii) Additional information.--Beginning with fiscal year 2021, the annual report under this subparagraph shall include the progress of the Food and Drug Administration in achieving the goals, and future plans for meeting the goals, including-- (I) the number of premarket applications filed under section 587B of the Federal Food, Drug, and Cosmetic Act during the applicable fiscal year; (II) the number of technology certification applications submitted under section 587D of the Federal Food, Drug, and Cosmetic Act during the applicable fiscal year for each review division; and (III) the number of breakthrough designations under section 587C of the Federal Food, Drug, and Cosmetic Act during the applicable fiscal year. (iii) Real-time reporting.-- (I) In general.--Not later than 30 calendar days after the end of the second quarter of fiscal year 2021, and not later than 30 calendar days after the end of each quarter of each fiscal year thereafter, the Secretary shall post the data described in subclause (II) on the website of the Food and Drug Administration for such quarter and on a cumulative basis for such fiscal year, and may remove duplicative data from the annual report under this subparagraph. (II) Data.--The Secretary shall post the following data in accordance with subclause (I): (aa) The number and titles of draft and final guidance on topics related to the process for the review of in vitro clinical tests, and whether such guidances were issued as required by statute or pursuant to the recommendations transmitted to Congress by the Secretary pursuant to subsection (b)(1)(E). (bb) The number and titles of public meetings held on topics related to the process for the review of in vitro clinical tests, and if such meetings were required by statute or pursuant to the recommendations transmitted to Congress by the Secretary pursuant to subsection (b)(1)(E). (iv) Rationale for ivct user fee program changes.--Beginning with fiscal year 2022, the Secretary shall include in the annual performance report under paragraph (1)-- (I) data, analysis, and discussion of the changes in the number of full- time equivalents hired as agreed upon in the recommendations transmitted to Congress by the Secretary pursuant to subsection (b)(1)(E) and the number of full-time equivalents funded by budget authority at the Food and Drug Administration by each division within the Center for Devices and Radiological Health, the Center for Biologics Evaluation and Research, the Office of Regulatory Affairs, and the Office of the Commissioner; (II) data, analysis, and discussion of the changes in the fee revenue amounts and costs for the process for the review of in vitro clinical tests, including identifying drivers of such changes; and (III) for each of the Center for Devices and Radiological Health, the Center for Biologics Evaluation and Research, the Office of Regulatory Affairs, and the Office of the Commissioner, the number of employees for whom time reporting is required and the number of employees for whom time reporting is not required. (v) Analysis.--For each fiscal year, the Secretary shall include in the report under clause (i) an analysis of the following: (I) The difference between the aggregate number of premarket applications filed under section 587B or section 587D of the Federal Food, Drug, and Cosmetic Act and the aggregate number of major deficiency letters, not approvable letters, and denials for such applications issued by the agency, accounting for-- (aa) the number of applications filed under each of sections 587B and 587D of the Federal Food, Drug, and Cosmetic Act during one fiscal year for which a decision is not scheduled to be made until the following fiscal year; and (bb) the aggregate number of applications under each of sections 587B and 587D of the Federal Food, Drug, and Cosmetic Act for each fiscal year that did not meet the goals as identified by the recommendations transmitted to Congress by the Secretary pursuant to subsection (b)(1)(E). (II) Relevant data to determine whether the Center for Devices and Radiological Health has met performance enhancement goals identified by the recommendations transmitted to Congress by the Secretary pursuant to subsection (b)(1)(E). (III) The most common causes and trends for external or other circumstances affecting the ability of the Food and Drug Administration to meet review time and performance enhancement goals identified by the recommendations transmitted to Congress by the Secretary pursuant to subsection (b)(1)(E). (B) Publication.--With regard to information to be reported by the Food and Drug Administration to industry on a quarterly and annual basis pursuant to recommendations transmitted to Congress by the Secretary pursuant to subsection (b)(1)(E), the Secretary shall make such information publicly available on the website of the Food and Drug Administration not later than 60 days after the end of each quarter or 120 days after the end of each fiscal year, respectively, to which such information applies. (C) Updates.--The Secretary shall include in each report under subparagraph (A) information on all previous cohorts for which the Secretary has not given a complete response on all in vitro clinical test premarket applications and technology certification orders and supplements, premarket, and technology certification notifications in the cohort. (2) Corrective action report.--Beginning with fiscal year 2022, for each fiscal year for which fees are collected under this section, the Secretary shall prepare and submit a corrective action report to the Committee on Health, Education, Labor, and Pensions and the Committee on Appropriations of the Senate and the Committee on Energy and Commerce and the Committee on Appropriations of the House of Representatives. The report shall include the following information, as applicable: (A) Goals met.--For each fiscal year, if the Secretary determines, based on the analysis under paragraph (1)(A)(v), that each of the goals identified by the recommendations transmitted to Congress by the Secretary pursuant to subsection (b)(1)(E) for the applicable fiscal year have been met, the corrective action report shall include recommendations on ways in which the Secretary can improve and streamline the in vitro clinical test premarket application and technology certification review process. (B) Goals missed.--For each of the goals identified by the letters described in recommendations transmitted to Congress by the Secretary pursuant to subsection (b)(1)(E) for the applicable fiscal year that the Secretary determines to not have been met, the corrective action report shall include-- (i) a justification for such determination; (ii) a description of the types of circumstances, in the aggregate, under which applications or reports submitted under sections 587B and 587D of the Federal Food, Drug, and Cosmetic Act missed the review goal times but were approved during the first cycle review, as applicable; (iii) a summary and any trends with regard to the circumstances for which a review goal was missed; and (iv) the performance enhancement goals that were not achieved during the previous fiscal year and a description of efforts the Food and Drug Administration has put in place for the fiscal year in which the report is submitted to improve the ability of such agency to meet each such goal for the such fiscal year. (3) Fiscal report.--For fiscal years 2021 and annually thereafter, not later than 120 days after the end of each fiscal year during which fees are collected under this subpart, the Secretary shall prepare and 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 implementation of the authority for such fees during such fiscal year and the use, by the Food and Drug Administration, of the fees collected during such fiscal year for which the report is made. (A) Contents.--Such report shall include expenditures delineated by budget authority and user fee dollars related to administrative expenses and information technology infrastructure contracts and expenditures. (B) Operating reserve.--Such report shall provide the amount of operating reserve balance available each year, and any planned allocations or obligations of such balance that is above 10 weeks of operating reserve for the program. (4) Public availability.--The Secretary shall make the reports required under paragraphs (1) through (3) available to the public on the website of the Food and Drug Administration. (5) Enhanced communication.-- (A) Communications with congress.--Each fiscal year, as applicable and requested, representatives from the Centers with expertise in the review of in vitro clinical tests shall meet with representatives from the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives to report on the contents described in the reports under this section. (B) Participation in congressional hearing.--Each fiscal year, as applicable and requested, representatives from the Food and Drug Administration shall participate in a public hearing before the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives, to report on the contents described in the reports under this section. Such hearing shall occur not later than 120 days after the end of each fiscal year for which fees are collected under this section. <all>

VALID Act of 2021

A bill to amend the Federal Food, Drug, and Cosmetic Act to provide for the regulation of in vitro clinical tests, and for other purposes.

VALID Act of 2021 Verifying Accurate Leading-edge IVCT Development Act of 2021

Sen. Burr, Richard

R

NC

S.44

Taxation

Student Empowerment Act This bill allows tax-exempt distributions from qualified tuition programs (known as 529 plans) to be used for additional educational expenses in connection with enrollment or attendance at an elementary or secondary school. (Under current law, distributions in connection with an elementary or secondary school are limited to tuition for a public, private, or religious school.) The bill allows the distributions to be used for additional educational expenses, including Distributions may also be used for tuition and the purposes above in connection with a homeschool (whether treated as a homeschool or a private school under state law).

To amend the Internal Revenue Code of 1986 to permit kindergarten through grade 12 educational expenses to be paid from a 529 account. Be it enacted by the Senate 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 Empowerment Act''. SEC. 2. 529 ACCOUNT FUNDING FOR HOMESCHOOL AND ADDITIONAL ELEMENTARY AND SECONDARY EXPENSES. (a) In General.--Section 529(c)(7) of the Internal Revenue Code of 1986 is amended to read as follows: ``(7) Treatment of elementary and secondary tuition.--Any reference in this section to the term `qualified higher education expense' shall include a reference to the following expenses in connection with enrollment or attendance at, or for students enrolled at or attending, an elementary or secondary public, private, or religious school: ``(A) Tuition. ``(B) Curriculum and curricular materials. ``(C) Books or other instructional materials. ``(D) Online educational materials. ``(E) Tuition for tutoring or educational classes outside of the home, including at a tutoring facility, but only if the tutor or instructor is not related to the student and-- ``(i) is licensed as a teacher in any State, ``(ii) has taught at an eligible educational institution, or ``(iii) is a subject matter expert in the relevant subject. ``(F) Fees for a nationally standardized norm- referenced achievement test, an advanced placement examination, or any examinations related to college or university admission. ``(G) Fees for dual enrollment in an institution of higher education. ``(H) Educational therapies for students with disabilities provided by a licensed or accredited practitioner or provider, including occupational, behavioral, physical, and speech-language therapies. Such term shall include expenses for the purposes described in subparagraphs (A) through (H) in connection with a homeschool (whether treated as a homeschool or a private school for purposes of applicable State law).''. (b) Effective Date.--The amendment made by this section shall apply to distributions made after the date of the enactment of this Act. <all>

Student Empowerment Act

A bill to amend the Internal Revenue Code of 1986 to permit kindergarten through grade 12 educational expenses to be paid from a 529 account.

Student Empowerment Act

Sen. Cruz, Ted

R

TX

H.R.542

Education

Save Education Jobs Act This bill establishes through FY2030 the Education Jobs Fund, from which the Department of Education (ED) must award grants to state educational agencies and, through them, subgrants to local educational agencies (LEAs) to retain and create education jobs. ED must also provide grants to outlying areas and the Bureau of Indian Education. Specifically, LEAs must use subgrants for compensation and benefits to retain existing employees, rehire former employees, and hire new employees. Further, subgrants may be used for certain activities such as training and professional development, providing salary increases to cover extended days or school years to make up for lost instructional time due to COVID-19 (i.e., coronavirus disease 2019), and developing teacher leadership roles in high-need schools. The bill prohibits the use of subgrants for certain activities, such as funding voucher programs, tax-credit scholarships, or education savings accounts.

To authorize the establishment of an Education Jobs Fund to retain and create education jobs in communities most impacted by COVID-19, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Save Education Jobs Act''. SEC. 2. AUTHORIZATION OF APPROPRIATIONS TO RETAIN AND CREATE EDUCATION JOBS. (a) In General.--There are authorized to be appropriated to the Secretary to establish and implement an Education Jobs Fund-- (1) $56,600,000,000 for fiscal year 2021; (2) $52,400,000,000 for fiscal year 2022; (3) $34,300,000,000 for fiscal year 2023; (4) $26,100,000,000 for fiscal year 2024; (5) $17,700,000,000 for fiscal year 2025; (6) $14,400,000,000 for fiscal year 2026; (7) $14,600,000,000 for fiscal year 2027; (8) $14,800,000,000 for fiscal year 2028; (9) $15,000,000,000 for fiscal year 2029; and (10) $15,200,000,000 for fiscal year 2030. (b) Reservation for Administrative Expenses.--Of the amounts made available for a fiscal year under subsection (a), the Secretary may reserve not more than $1,000,000 for each such fiscal year for administration and oversight of this Act. (c) Allocation Schedule.-- (1) First year of grants.--From the amounts first made available under subsection (a), not later than 30 days after the date of the enactment of this Act, the Secretary shall award grants in accordance with section 3. (2) Subsequent years.--Not later than 30 days after the first day of the first fiscal year that begins after the date of the enactment of this Act and annually thereafter, from the amounts made available under subsection (a), the Secretary shall award grants in accordance with section 3. SEC. 3. GRANTS TO RETAIN AND CREATE EDUCATION JOBS. (a) Eligibility.-- (1) National eligibility.-- (A) Fiscal years 2021 through 2026.--For fiscal years 2021 through 2026, each State educational agency that submits an application meeting the requirements under section 5 shall be eligible to receive a grant in accordance with this section for each such fiscal year. (B) Fiscal years 2027 through 2030.--Except as provided in paragraph (2), for fiscal years 2027 through 2030, each State educational agency that submits an application meeting the requirements under section 5 shall be eligible to receive a grant in accordance with this section for each such fiscal year. (2) State educational agency eligibility in the case of national unemployment average decrease.-- (A) Fiscal years for which national eligibility does not apply.--Paragraph (1)(B) shall not apply with respect to a fiscal year described in such paragraph if during the period beginning on the first day of fiscal year 2021 and ending on the last day of the fiscal year preceding such a fiscal year, the average rate of total unemployment in the Nation (seasonally adjusted) for the period consisting of the most recent 3 consecutive months for which data for all States are published by the Bureau of Labor Statistics was less than or equal to 5.5 percent. (B) State educational agency-based eligibility.--In the case of a fiscal year described in subparagraph (A), a State educational agency shall be eligible to receive a grant in accordance with this section for such fiscal year if-- (i) such State educational agency submits an application meeting the requirements under section 5; and (ii) with respect to each month occurring in the fiscal year preceding such fiscal year, the average rate of total unemployment in the State (seasonally adjusted) for the period consisting of the most recent 3 consecutive months for which data are published by the Bureau of Labor Statistics was greater than 5.5 percent. (3) Outlying area and bureau of indian education eligibility.-- (A) Fiscal years 2021 through 2026.--For fiscal years 2021 through 2026, each outlying area and program operated or funded by the Bureau of Indian Education shall be eligible to receive a grant in accordance with this section for each such fiscal year. (B) Fiscal years 2027 through 2030.--Except as provided in subparagraph (C), for fiscal years 2027 through 2030, each outlying area and program operated or funded by the Bureau of Indian Education shall be eligible to receive a grant in accordance with this section for each such fiscal year. (C) Exception.--Subparagraph (B) shall not apply with respect to a fiscal year described in such subparagraph if during the period beginning on the first day of fiscal year 2021 and ending on the last day of the fiscal year preceding such a fiscal year, the average rate of total unemployment in the Nation (seasonally adjusted) for the period consisting of the most recent 3 consecutive months for which data for all States are published by the Bureau of Labor Statistics was less than or equal to 3.5 percent. (b) Allocation of Grant Funds.-- (1) Allocation to outlying areas and bureau of indian education.-- (A) Reservation.--Subject to subsection (a)(3), from the amount made available under section 2(a) for a fiscal year, the Secretary shall reserve-- (i) an amount equal to \1/2\ of 1 percent for allocations to the outlying areas in accordance with subparagraph (B); and (ii) an amount equal to \1/2\ of 1 percent for allocations to programs operated or funded by the Bureau of Indian Education in accordance with subparagraph (C). (B) Outlying areas.--From the amount made available under subparagraph (A)(i) for a fiscal year, the Secretary shall allocate to each outlying area a grant that bears the same proportion to such amount as the amount the outlying area received under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) for the preceding fiscal year bears to the amount all outlying areas received under such part for the preceding fiscal year. (C) Programs operated or funded by the bureau of indian education.--From the amount made available under subparagraph (A)(ii) for a fiscal year, the Secretary shall, in consultation with the Secretary of the Interior, allocate to each program operated or funded by the Bureau of Indian Education a grant that bears the same proportion to such amount as the amount the program operated or funded by the Bureau of Indian Education received under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) for the preceding fiscal year bears to the amount all programs operated or funded by the Bureau of Indian Education received under such part for the preceding fiscal year. (2) Allocation to state educational agencies.--From the amount made available under section 2(a) for a fiscal year remaining after the reservation under paragraph (1)(A), the Secretary shall allocate to each State educational agency that is eligible under subsection (a) a grant that bears the same proportion to such amount as the amount the State educational agency received under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) for the preceding fiscal year bears to the amount all State educational agencies received under such part for the preceding fiscal year. (c) Reservation by State Educational Agency.-- (1) In general.--Of the amounts allocated to a State educational agency under subsection (b)(2) for a fiscal year, such State educational agency may reserve not more than 5 percent-- (A) for administrative costs of carrying out subgrants under subsection (d); (B) for the costs of retaining or creating positions in the State educational agency related to the administration or support of early childhood, public elementary, public secondary, or public postsecondary education; and (C) to implement evidence-based strategies to ensure that low-income students and minority children enrolled in schools assisted under this section are not served at disproportionate rates by ineffective, out- of-field, or inexperienced teachers, as described in section 1111(g)(1)(B) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(g)(1)(B)). (2) Prohibited use of funds.--None of the funds reserved by a State educational agency under paragraph (1) may be used by such State educational agency to carry out an activity described in paragraphs (1) through (5) of section 4(c). (d) Subgrants to Local Educational Agencies.--Of the amounts allocated to a State educational agency under subsection (b)(2) for a fiscal year and remaining after such State educational agency reserves funds under subsection (c)(1), such State educational agency shall allocate to each local educational agency in the State a grant that bears the same proportion to such amount as the amount the local educational agency received under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) for the preceding fiscal year bears to the amount all local educational agencies in the State received under such part for the preceding fiscal year. SEC. 4. USE OF FUNDS. (a) Required Use of Funds.--A local educational agency that receives a subgrant under section 3(d) shall use not less than 90 percent of the subgrant funds for compensation and benefits and other expenses, such as support services, necessary to retain existing employees, to recall or rehire former employees, and to hire new employees, in order to provide early childhood, elementary, or secondary educational related services. (b) Permissible Use of Funds.--A local educational agency that receives a subgrant under section 3(d) may use not more than 10 percent of such subgrant funds for any of the following: (1) Training, which may include high-quality residency, mentoring and induction programs, and professional development. (2) Salary increases to cover extended days or school years for instruction and enrichment to make up for students' lost instructional time due to COVID-19 and to ensure all students have access to a well-rounded education and the supports needed to succeed. (3) Salary increases to cover increased workdays to provide intensive professional learning and educator planning opportunities, including through professional learning communities. (4) Except as provided in subsection (c)(2), incentives, such as loan forgiveness, service scholarship programs, fee reimbursement for costs associated with obtaining advanced or additional teacher certification, or increased salaries, for teachers to teach in high-need schools and in high-need fields such as special education. (5) To develop, maintain, or expand partnership programs with teacher preparation programs in institutions of higher education that target high-need fields, high-need schools, and diverse candidates to expand the pipeline into the teaching profession. (6) Developing teacher leadership roles in high-need schools. (c) Prohibited Use of Funds.--A local educational agency that receives a subgrant under section 3(d) may not use such subgrant funds-- (1) for general administrative expenses or for other support services expenditures (as such terms are defined on the date of the enactment of this Act in the Common Core of Data of the National Center for Education Statistics); (2) to provide increased salaries or bonuses related to on- the-job performance; (3) directly or indirectly, to-- (A) establish, restore, or supplement a rainy-day fund; (B) supplant State funds in a manner that has the effect of establishing, restoring, or supplementing a rainy-day fund; (C) reduce or retire debt obligations incurred by the State; or (D) supplant State funds in a manner that has the effect of reducing or retiring debt obligations incurred by the State; (4) to meet the requirements under section 1117 or 8501 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6320; 20 U.S.C. 7881); or (5) to support private schools, through employment, services, vouchers, tax-credit scholarships, or savings accounts for students to attend private elementary or secondary schools, or other means. SEC. 5. APPLICATIONS. (a) In General.--A State educational agency seeking to receive a grant under this Act shall provide to the Secretary an application that includes the following: (1) An assurance that the State educational agency will develop and implement a monitoring plan that will enable the State educational agency to ensure that local educational agencies in such State comply with all applicable programmatic and fiscal requirements, including with the use of funds requirements under section 4. (2) An assurance that the State educational agency will support local educational agencies in targeting funding provided under this Act to high-need schools and to support subgroups of students, including low-income students, students with disabilities, English learners, minority children, students experiencing homelessness, children or youth in foster care, migrant children, students involved with the juvenile justice system, or children at risk for academic failure. (3) An assurance that the funds received under this Act will be used to supplement the level of Federal, State, and local public funds that would, in the absence of such Federal funds provided under this Act, be used to support public elementary and public secondary education and not supplant such funds. (4) An assurance that the State educational agency and local educational agencies in such State will provide the reports required under section 7. (5) An assurance that the State educational agency will provide the local educational agencies in such State with the technical assistance and support needed to help avoid unanticipated spending cliffs. (6) An assurance that the State educational agency will take action to ensure that low-income students and minority children enrolled in schools assisted under this section are not served at disproportionate rates by ineffective, out-of- field, or inexperienced teachers, as described in section 1111(g)(1)(B) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(g)(1)(B)). (7) An assurance the State educational agency will meet the maintenance of effort and equity requirements under section 6. (b) No Further Information or Assurances.--The Secretary may not require information or assurances in addition to the information and assurances required under subsection (a) and section 6 unless such information or assurance is necessary to determine compliance with this Act. SEC. 6. MAINTENANCE OF EFFORT AND EQUITY. (a) State Educational Agency Maintenance of Effort.--As a condition of receiving a grant under this Act for a fiscal year, a State educational agency shall provide to the Secretary an assurance that such State educational agency will, in such fiscal year, provide support for public elementary and public secondary education, including current and capital spending, that bears the same proportion to the overall State budget for such fiscal year as the average amount of such support for school years 2017-2018 and 2018-2019 bears to the average overall State budget for the fiscal years applicable to such school years. (b) Maintenance of Equity.-- (1) State educational agency maintenance of equity for high-need local educational agencies.--As a condition of receiving a grant under this Act for a fiscal year, a State educational agency shall provide to the Secretary an assurance that if any per-pupil reduction in State funding occurs in such fiscal year for any high-need local educational agency in the State, it shall not be more than the overall per-pupil reduction in State funds. (2) State educational agency maintenance of equity for schools with highest share of economically disadvantaged students.--As a condition of receiving a grant under this Act for a fiscal year, a State educational agency shall provide to the Secretary an assurance that the State educational agency will not reduce State funding below fiscal year 2019 levels for the 20 percent of local educational agencies in the State with the highest share of economically disadvantaged students. (3) Local educational agency maintenance of equity for high-poverty schools.--As a condition of receiving a subgrant under this Act for a fiscal year, a local educational agency shall provide to the State educational agency an assurance that-- (A) if any per-pupil reduction in local educational agency funding occurs in such fiscal year for any high- poverty school served by the local educational agency, it shall not be more than the overall per-pupil reduction in local educational agency funds; and (B) the local educational agency will not reduce staffing in any high-poverty school in an amount that is greater than-- (i) the total reduction in staffing in all schools served by the local educational agency, divided by (ii) the total enrollment in such local educational agency. SEC. 7. REPORTING REQUIREMENTS. (a) Reporting Requirements.-- (1) In general.--Not later than 60 days after the date of enactment of this Act, and annually for each subsequent year for which funds are made available under this Act, the Secretary shall submit a report to the Committee on Health, Education, Labor, and Pensions of the Senate, the Committee on Appropriations of the Senate, the Committee on Education and Labor of the House of Representatives, and the Committee on Appropriations of the House of Representatives that includes the following information: (A) The outlying areas to which the Secretary allocated funds under this Act. (B) The outlying areas to which the Secretary did not allocate funds under this Act. (C) The amounts allocated to each outlying area under this Act. (D) The programs operated or funded by the Bureau of Indian Education to which the Secretary, in consultation with the Secretary of the Interior, allocated funds. (E) The programs operated or funded by the Bureau of Indian Education to which the Secretary, in consultation with the Secretary of the Interior, did not allocate funds. (F) The amount allocated to each program operated or funded by the Bureau of Indian Education. (G) The amount allocated to each State educational agency under this Act. (H) A summary of the reports the Secretary received under subsections (b) and (c). (2) Publication.--The Secretary shall make each report submitted under paragraph (1) publicly available on the website of the Department of Education. (b) State Educational Agency Reporting.--Not later than 6 months after the disbursement of subgrants and annually for each subsequent year for which funds are made available under this Act, a State educational agency that receives a grant under this Act shall submit a report to the Secretary that includes the following information: (1) The number and percentage of educator and other staff positions that are eliminated or left unfilled in the State (as reported on the annual report card under paragraph (1) or (2) of section 1111(h) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(h))), included in the aggregate and disaggregated by: (A) High-poverty local education agencies and schools compared to low-poverty local education agencies and schools. (B) Local educational agencies and schools serving the highest number and percentage of minority children compared to local education agencies and schools serving the fewest number and percent of minority children. (2) The number and percentage of teaching positions that are eliminated or left unfilled in the State (as reported on the annual report card under paragraph (1) or (2) of section 1111(h) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(h))), included in the aggregate and disaggregated by the following characteristics of the teacher who previously held the position: (A) Race and ethnicity. (B) Certification status (full-certification or provisional certification). (C) Teachers in the first 2 years of teaching. (D) Teachers with 3 or more years of teaching experience. (E) If determined appropriate by the State educational agency, the most recent effectiveness rating with respect to such teacher. (3) The percentage of funds under this Act reserved under section 3(c) and how such funds were spent. (4) A summary of the activities for which the subgrants were used in the State. (5) A summary of how the State educational agency ensured State funding for the 20 percent of local educational agencies in the State with the highest share of economically disadvantaged students remained at or above fiscal year 2019 levels. (6) A summary of how the State educational agency supported local educational agencies in prioritizing subgrants to meet the needs of low-income students, students with disabilities, English learners, minority children, students experiencing homeless, children and youth in foster care, migrant children, students involved with the juvenile justice system, and children at risk for academic failure. (7) The amount allocated by the State educational agency to each local educational agency. (8) A description of grant outcomes, including the extent to which teacher shortages in high-need-fields in high-needs schools remain. (9) A summary of the reports the State educational agency received under subsection (d). (c) Fiscal Accountability.--Not later than 60 days after a State educational agency receives funds under this Act, and annually for each subsequent year for which funds are made available under this Act thereafter, such State educational agency shall submit to the Secretary the following: (1) The number of full-time equivalent employees by category prior to receiving the funds under this Act and the number of full-time equivalent employees by category after receiving such funds. (2) The most current applicable maintenance of effort data available to demonstrate compliance with section 6(a). (3) The most current maintenance of equity data available to demonstrate compliance with section 6(b). (4) A summary of development and implementation of a monitoring plan that will enable the State educational agency to ensure that its local educational agencies comply with all applicable programmatic and fiscal requirements. (d) Local Educational Agency Reporting.--Not later than 1 year after a local educational agency receives a subgrant under section 3(d), and annually for each subsequent year for which funds are made available under this Act thereafter, such local educational agency shall submit a report to the State educational agency that includes the following: (1) A list of the activities for which such subgrant funds were used. (2) A description of the outcomes from the use of such subgrant funds. (3) A summary of how the local educational agency sought to preserve or improve the number of teacher and support staff positions in the local educational agency's highest poverty schools. (4) The per-pupil expenditures (which shall include actual personnel expenditures, including staff salary differentials for years of employment, and actual nonpersonnel expenditures) of State and local education funds for each school served by the agency for the preceding fiscal year, disaggregated by each quartile of students attending the school based on student level of poverty and by each major racial or ethnic group in the school, for the preceding fiscal year. (5) A description of how the local educational agency sought to protect the highest poverty schools from reductions- in-force or hiring freezes. (6) A description of how low-income and minority children are not served at disproportionate rates by ineffective, out- of-field, or inexperienced teachers. (7) A description of how the local educational agency allocated funding to high-need schools to support subgroups of students, including low-income students, students with disabilities, English learners, minority children, students experiencing homelessness, children or youth in foster care, migrant children, students involved with the juvenile justice system, and children at risk for academic failure. (8) The number of full-time equivalent employees by category prior to receiving the subgrant and the number of full time equivalent employees by category after receiving the subgrant. SEC. 8. DEFINITIONS. In this Act: (1) Economically disadvantaged student.--The term ``economically disadvantaged student'' means a student eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.). (2) Education jobs fund.--The term ``Education Jobs Fund'' means the fund established under section 2(a). (3) ESEA terms.--The terms ``English learner'', ``local educational agency'', ``outlying area'', ``paraprofessional'', ``professional development'', ``school leader'', ``specialized instructional support personnel'', ``Secretary'', ``State'', ``State educational agency'', and ``well-rounded education'' have the meanings given such terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (4) High-need local educational agency.--The term ``high- need local educational agency'' means a local educational agency that has a percentage of economically disadvantaged students that is greater than the median percentage of economically disadvantaged students for all local educational agencies in the State. (5) High-poverty school.--The term ``high-poverty school'' means, with respect to a school served by a local educational agency, a school that serves a higher percentage of economically disadvantaged students than the school that serves the median amount of economically disadvantaged students served by such local educational agency. (6) Overall per-pupil reduction in local educational agency funds.--The term ``overall per-pupil reduction in local educational agency funds'' means, with respect to a fiscal year-- (A) the total reduction in local educational agency funds in such fiscal year provided to all schools served by such local educational agency, divided by (B) the total student enrollment in such schools served by such local educational agency for each school year applicable to such fiscal year. (7) Overall per-pupil reduction in state funds.--The term ``overall per-pupil reduction in State funds'' means, with respect to a fiscal year-- (A) the total reduction in State funds in such fiscal year provided to all local educational agencies in the State, divided by (B) the total student enrollment in such local educational agencies in the State for each school year applicable to such fiscal year. <all>

Save Education Jobs Act

To authorize the establishment of an Education Jobs Fund to retain and create education jobs in communities most impacted by COVID-19, and for other purposes.

Save Education Jobs Act

Rep. Hayes, Jahana

D

CT

H.R.1580

Health

Improving Access to Alternative Pain Management Act This bill allows psychological evaluation requirements for Medicare coverage of specified neurostimulation services to be met via telehealth. The bill also expands Medicare coverage to include such telehealth services.

To amend title XVIII of the Social Security Act to permit the use of certain psychological evaluation via telehealth for Medicare coverage of neurostimulation services for the treatment of chronic pain. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Improving Access to Alternative Pain Management Act''. SEC. 2. PERMITTING CERTAIN PSYCHOLOGICAL EVALUATIONS VIA TELEHEALTH FOR MEDICARE COVERAGE OF NEUROSTIMULATION SERVICES FOR THE TREATMENT OF CHRONIC PAIN. (a) Permitting Use of Psychological Evaluation Via Telehealth for Purposes of Certain Coverage of Neurostimulation Services.--Section 1834 of the Social Security Act (42 U.S.C. 1395m) is amended by adding at the end the following: ``(z) Use of Psychological Evaluation Via Telehealth for Purposes of Coverage of Neurostimulation Services for the Treatment of Chronic Pain.--Notwithstanding any other provision of this title, beginning January 1, 2022, for coverage under this part of neurostimulation services, as identified under the National Coverage Determination section 160.7, titled Medicare National Coverage Determination for Electrical Nerve Stimulators, as in effect on January 1, 2020, for the treatment of chronic pain, any requirement for a psychological evaluation prior to receipt of the service may be satisfied through such an evaluation via telehealth.''. (b) Inclusion of Certain Psychological Evaluations as Telehealth Services.--Section 1834(m)(4)(F)(i) of the Social Security Act (42 U.S.C. 1395m(4)(F)(i)) is amended by inserting before the period at the end the following: ``, and, beginning January 1, 2022, shall include psychological evaluations (identified by CPT codes 96130, 96131, 96136, 96137, 96138, and 96139 and any successor codes and additional codes the Secretary determines may be necessary to perform the psychological evaluation furnished prior to the provision of neurostimulation services) furnished prior to the provision of neurostimulation services (as described in section 1834(z)) for the purpose of treating chronic pain''. <all>

Improving Access to Alternative Pain Management Act

To amend title XVIII of the Social Security Act to permit the use of certain psychological evaluation via telehealth for Medicare coverage of neurostimulation services for the treatment of chronic pain.

Improving Access to Alternative Pain Management Act

Rep. Latta, Robert E.

R

OH

H.R.6312

Health

Preventing Mandates on Toddlers Act This bill prohibits federal funds from being used to implement or enforce the Department of Health and Human Services' rule titled Vaccine and Mask Requirements To Mitigate the Spread of COVID-19 in Head Start Programs, published on November 30, 2021, or any substantially similar rule, regulation, or agency statement.

To prohibit the use of Federal funds to enforce the rule submitted by the Department of Health and Human Services relating to COVID-19 vaccine and mask requirements for Head Start programs. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Preventing Mandates on Toddlers Act''. SEC. 2. PROHIBITION ON FUNDING THE HHS RULE ON HEAD START COVID VACCINE AND MASK REQUIREMENTS. Notwithstanding any other law, no funds appropriated or otherwise made available to the Department of Health and Human Services shall be obligated or expended to-- (1) implement or enforce the rule submitted by the Department of Health and Human Services relating to ``Vaccine and Mask Requirements To Mitigate the Spread of COVID-19 in Head Start Programs'' (86 Fed. Reg. 68052 (November 30, 2021)); or (2) promulgate, implement, or enforce any rule, regulation, or other agency statement, that is substantially similar to the rule described in paragraph (1). <all>

Preventing Mandates on Toddlers Act

To prohibit the use of Federal funds to enforce the rule submitted by the Department of Health and Human Services relating to COVID-19 vaccine and mask requirements for Head Start programs.

Preventing Mandates on Toddlers Act

Rep. McClain, Lisa C.

R

MI

S.4732

Public Lands and Natural Resources

Enslaved Voyages Memorial Act This bill authorizes the Georgetown African American Historic Landmark Project and Tour to establish a commemorative work on federal land in the District of Columbia to commemorate the enslaved individuals, the identities of whom may be known or unknown, who endured the Middle Passage. The Georgetown African American Historic Landmark Project and Tour shall be solely responsible for acceptance of contributions for, and payment of the expenses of, the establishment of the commemorative work. Federal funds may not be used to pay any expense of the establishment of the commemorative work.

To authorize the Georgetown African American Historic Landmark Project and Tour 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 ``Enslaved Voyages Memorial Act''. SEC. 2. AUTHORIZATION TO ESTABLISH COMMEMORATIVE WORK. (a) In General.--The Georgetown African American Historic Landmark Project and Tour may establish a commemorative work on Federal land in the District of Columbia and its environs to commemorate the enslaved individuals, the identities of whom may be known or unknown, who endured the Middle Passage. (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 georgetown african american historic landmark project and tour.--The Georgetown African American Historic Landmark Project and Tour 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 (including the maintenance and preservation amount required by paragraph (1) of section 8906(b) of title 40, United States Code), there remains a balance of funds received for the establishment of the commemorative work, the Georgetown African American Historic Landmark Project and Tour shall transmit the amount of the balance to the Secretary of the Interior for deposit in the account provided for in paragraph (3) of that section. (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, the Georgetown African American Historic Landmark Project and Tour shall transmit the amount of the balance to a separate account with the National Park Foundation for memorials, to be available to the Secretary of the Interior or the Administrator of General Services, as appropriate, in accordance with the process provided in paragraph (4) of section 8906(b) of that title for accounts established under paragraph (2) or (3) of that section. <all>

Enslaved Voyages Memorial Act

A bill to authorize the Georgetown African American Historic Landmark Project and Tour to establish a commemorative work in the District of Columbia and its environs, and for other purposes.

Enslaved Voyages Memorial Act

Sen. Booker, Cory A.

D

NJ

H.R.5712

Government Operations and Politics

Drain the Swamp Act of 2021 This bill repeals the requirement that all offices attached to the seat of the federal government be exercised in the District of Columbia, except as otherwise expressly provided by law. Each executive agency, by September 30, 2022, must submit a plan for the relocation of its headquarters outside of the Washington metropolitan area. Such plan shall Each agency shall implement the plan by September 30, 2026.

To require the head of each executive agency to relocate such agency outside of the Washington, DC, metropolitan area, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Drain the Swamp Act of 2021''. SEC. 2. RELOCATION OF AGENCY HEADQUARTERS. (a) Repeal of Headquarters Location Requirement.--Section 72 of title 4, United States Code, is repealed. (b) Headquarters Relocation Plan.-- (1) In general.--Not later than September 30, 2022, the head of each executive agency shall develop and submit to Congress a plan for the relocation of the headquarters of that agency outside of the Washington metropolitan area. (2) Requirements.--The plan described in paragraph (1) shall-- (A) identify a location for a new headquarters outside of the Washington metropolitan area; (B) maximize any potential cost savings associated with the relocation; (C) provide that, upon implementation of the plan, no more than 10 percent of the employees of the agency are based in the Washington metropolitan area; and (D) consider any potential national security implications of the relocation. (3) Certification.--Prior to the submission of a plan under paragraph (1), the Director of the Office of Management and Budget and the Administrator of General Services shall certify the compliance of the plan with the provisions of this section if the plan meets the requirements described in paragraph (2). (4) Implementation.--Not later than September 30, 2026, the head of each executive agency shall implement the plan for such agency submitted under paragraph (1). (c) Definitions.--For purposes of this section: (1) Executive agency.--The term ``executive agency'' has the meaning given the term ``Executive agency'' in section 105 of title 5, United States Code, except that the term does not include the Executive Office of the President. (2) Washington metropolitan area.--The term ``Washington metropolitan area'' means the geographic area located within the boundaries of-- (A) the District of Columbia; (B) Montgomery and Prince George's Counties in the State of Maryland; and (C) Arlington, Fairfax, Loudon, and Prince William Counties and the City of Alexandria in the Commonwealth of Virginia. <all>

Drain the Swamp Act of 2021

To require the head of each executive agency to relocate such agency outside of the Washington, DC, metropolitan area, and for other purposes.

Drain the Swamp Act of 2021

Rep. Davidson, Warren

R

OH

H.R.9391

Crime and Law Enforcement

Tribal Firearm Access Act This bill expands the definition of identification document (for criminal offenses related to fraud and aggravated identity theft) to include an identification document issued by a tribal government.

To provide that identification documents issued by tribal governments are generally accorded the same treatment under Federal criminal law as identification documents issued by the Federal Government or by a State or local government. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Tribal Firearm Access Act''. SEC. 2. TREATMENT OF IDENTIFICATION DOCUMENTS ISSUED BY TRIBAL GOVERNMENTS. (a) In General.--Section 1028(d) of title 18, United States Code, is amended-- (1) in paragraph (3), by inserting ``a tribal government,'' before ``a sponsoring entity''; (2) in paragraph (11), by striking ``and'' at the end; (3) in paragraph (12), by striking the period and inserting ``; and''; and (4) by adding at the end the following: ``(13) the term `tribal government' means the recognized governing body of any Indian or Alaska Native tribe, band, nation, pueblo, village, community, component band, or component reservation, individually identified (including parenthetically) in the list published most recently as of the date of the enactment of this paragraph pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994.''. (b) Effective Date.--The amendments made by subsection (a) shall take effect on the date that is 90 days after the date of the enactment of this Act. <all>

Tribal Firearm Access Act

To provide that identification documents issued by tribal governments are generally accorded the same treatment under Federal criminal law as identification documents issued by the Federal Government or by a State or local government.

Tribal Firearm Access Act

Rep. Johnson, Dusty

R

SD

S.2898

Labor and Employment

Unemployment Insurance Systems Modernization Act of 2021 This bill expands the list of requirements a state unemployment compensation system must meet for the state to receive federal funds for administration of the system. Specifically the bill requires the unemployment law of each state to include various provisions to promote adaptability, including provisions for (1) handling surges in claims, (2) processing disaster unemployment assistance claims, (3) processing claims under temporary federal benefits programs, and (4) automating claims for short-time compensation. The bill also requires states to utilize databases and other systems in an effort to prevent fraudulent and improper unemployment compensation payments. Specifically, states must use (1) a system selected by the Department of Labor for cross-matching unemployment claimants against available databases, (2) an automated system developed and approved by Labor for exchanging unemployment compensation information, and (3) the existing National Directory of New Hires for identifying individuals who have become employed.

To amend title III of the Social Security Act to provide for improvements to State unemployment systems and to strengthen program integrity, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Unemployment Insurance Systems Modernization Act of 2021''. SEC. 2. IMPROVEMENTS TO STATE UNEMPLOYMENT SYSTEMS AND STRENGTHENING PROGRAM INTEGRITY. (a) Unemployment Compensation Systems.-- (1) In general.--Section 303(a) of the Social Security Act (42 U.S.C. 503(a)) is amended-- (A) in the matter preceding paragraph (1), by striking ``provision for--'' and inserting ``provision for each of the following:''; (B) at the end of each of paragraphs (1) through (10), by striking ``; and'' and inserting a period; (C) in paragraph (11)(B), by striking ``The immediate'' and inserting ``the immediate''; and (D) by adding at the end the following new paragraph: ``(13) The State system shall, in addition to meeting the requirements under section 1137, meet the following requirements: ``(A) The system shall be capable of accurately and expeditiously processing a surge of claims, including those filed under temporary Federal benefit programs that the State may be expected to administer, that would represent a twentyfold increase in claims from January 2020 levels, occurring over a one-month period. ``(B) The system shall be capable of-- ``(i) adjusting wage replacement levels for each individual receiving unemployment compensation, but not to exceed 100 percent of wage replacement; ``(ii) adjusting weekly earnings disregards, including the ability to adjust such disregards in relation to an individual's earnings or weekly benefit amount; and ``(iii) providing for wage replacement levels that vary based on the individual's duration of benefit receipt. ``(C) The system shall have in place an automated process for receiving and processing claims for disaster unemployment assistance under section 410(a) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5177(a)), with flexibility to adapt rules regarding individuals eligible for assistance and the amount payable. ``(D) In the case of a State that makes payments of short-time compensation under a short-time compensation program (as defined in section 3306(v) of the Internal Revenue Code of 1986), the system shall have in place an automated process of receiving and processing claims for short-time compensation. ``(E) The system shall have in place an automated process for receiving and processing claims for-- ``(i) unemployment compensation for Federal civilian employees under subchapter I of chapter 85 of title 5, United States Code; ``(ii) unemployment compensation for ex- servicemembers under subchapter II of chapter 85 of title 5, United States Code; and ``(iii) trade readjustment allowances under sections 231 through 233 of the Trade Act of 1974 (19 U.S.C. 2291-2293). ``(F) The system shall have in place an automated process capable of receiving and processing claims under future temporary Federal benefit programs, such as those that may-- ``(i) provide extended benefits for individuals exhausting State compensation (such as under the Pandemic Emergency Unemployment Compensation program established in section 2107 of the CARES Act (15 U.S.C. 9025)); or ``(ii) expand coverage to include individuals not eligible for State compensation (such as under the Pandemic Unemployment Assistance program established in section 2102 of the CARES Act (15 U.S.C. 9021)).''. (2) Effective date.--The amendments made by paragraph (1) shall apply to weeks of unemployment beginning on or after the earlier of-- (A) the date the State changes its statutes, regulations, or policies in order to comply with such amendment; or (B) October 1, 2024. (b) Electronic Transmission of Unemployment Compensation Information.--Section 303 of the Social Security Act (42 U.S.C. 503) is amended by adding at the end the following new subsection: ``(n) Electronic Transmission of Unemployment Compensation Information.-- ``(1) In general.--Not later than October 1, 2024, the State agency charged with administration of the State law shall use a system developed (in consultation with stakeholders) and designated by the Secretary of Labor for automated electronic transmission of requests for information relating to unemployment compensation and the provision of such information between such agency and employers or their agents. Such system shall ensure that any information shared is secure and safeguarded from potential abuse or misuse. ``(2) Use of appropriated funds.--The Secretary of Labor may use funds appropriated for grants to States under this title to make payments on behalf of States as the Secretary determines is appropriate for the use of the system described in paragraph (1). ``(3) Employer participation.--The Secretary of Labor shall work with the State agency charged with administration of the State law to increase the number of employers using this system and to resolve any technical challenges with the system. ``(4) Reports on use of electronic system.--After the end of each fiscal year, on a date determined by the Secretary, each State shall report to the Secretary information on-- ``(A) the proportion of employers using the designated system described in paragraph (1); ``(B) the reasons employers are not using such system; and ``(C) the efforts the State is undertaking to increase employer's use of such system. ``(5) Enforcement.--Whenever the Secretary of Labor, after reasonable notice and opportunity for hearing to the State agency charged with the administration of the State law, finds that there is a failure to comply substantially with the requirements of paragraph (1), the Secretary of Labor shall notify such State agency that further payments will not be made to the State until the Secretary of Labor is satisfied that there is no longer any such failure. Until the Secretary of Labor is so satisfied, such Secretary shall make no future certification to the Secretary of the Treasury with respect to the State.''. (c) Unemployment Compensation Integrity Data Hub.-- (1) In general.--Section 303(a) of the Social Security Act (42 U.S.C. 503(a)), as amended by subsection (a), is amended by adding at the end the following new paragraph: ``(14) The State agency charged with administration of the State law shall use the system designated by the Secretary of Labor for cross-matching claimants of unemployment compensation under State law against any databases in the system to prevent and detect fraud and improper payments.''. (2) Effective date.--The amendment made by paragraph (1) shall apply to weeks of unemployment beginning on or after the earlier of-- (A) the date the State changes its statutes, regulations, or policies in order to comply with such amendment; or (B) October 1, 2024. (d) Use of National Directory of New Hires in Administration of Unemployment Compensation Programs and Penalties on Noncomplying Employers.-- (1) In general.--Section 303 of the Social Security Act (42 U.S.C. 503), as amended by subsection (b), is amended by adding at the end the following new subsection: ``(o) Use of National Directory of New Hires.-- ``(1) In general.--Not later than October 1, 2024, the State agency charged with administration of the State law shall-- ``(A) compare information in the National Directory of New Hires established under section 453(i) against information about individuals claiming unemployment compensation to identify any such individuals who may have become employed, in accordance with any regulations or guidance that the Secretary of Health and Human Services may issue and consistent with the computer matching provisions of the Privacy Act of 1974; ``(B) take timely action to verify whether the individuals identified pursuant to subparagraph (A) are employed; and ``(C) upon verification pursuant to subparagraph (B), take appropriate action to suspend or modify unemployment compensation payments, and to initiate recovery of any improper unemployment compensation payments that have been made. ``(2) Enforcement.--Whenever the Secretary of Labor, after reasonable notice and opportunity for hearing to the State agency charged with the administration of the State law, finds that there is a failure to comply substantially with the requirements of paragraph (1), the Secretary of Labor shall notify such State agency that further payments will not be made to the State until the Secretary of Labor is satisfied that there is no longer any such failure. Until the Secretary of Labor is so satisfied, such Secretary shall make no future certification to the Secretary of the Treasury with respect to the State.''. (2) Penalties.-- (A) In general.--Section 453A(d) of the Social Security Act (42 U.S.C. 653a(d)), in the matter preceding paragraph (1), is amended by striking ``have the option to set a State civil money penalty which shall not exceed'' and inserting ``set a State civil money penalty which shall be not less than''. (B) Effective date.--The amendment made by subparagraph (A) shall apply to penalties assessed on or after October 1, 2024. (e) State Performance.-- (1) In general.--Section 303 of the Social Security Act (42 U.S.C. 503), as amended by subsections (b) and (d), is amended by adding at the end the following new subsection: ``(p) State Performance.-- ``(1) In general.--For purposes of assisting States in meeting the requirements of this title, title IX, title XII, or chapter 23 of the Internal Revenue Code of 1986 (commonly referred to as `the Federal Unemployment Tax Act'), the Secretary of Labor may-- ``(A) consistent with subsection (a)(1), establish measures of State performance, including criteria for acceptable levels of performance, performance goals, and performance measurement programs; ``(B) consistent with subsection (a)(6), require States to provide to the Secretary of Labor data or other relevant information from time to time concerning the operations of the State or State performance, including the measures, criteria, goals, or programs established under paragraph (1); ``(C) require States with sustained failure to meet acceptable levels of performance or with performance that is substantially below acceptable standards, as determined based on the measures, criteria, goals, or programs established under subparagraph (A), to implement specific corrective actions and use specified amounts of the administrative grants under this title provided to such States to improve performance; and ``(D) based on the data and other information provided under subparagraph (B)-- ``(i) to the extent the Secretary of Labor determines funds are available after providing grants to States under this title for the administration of State laws, recognize and make awards to States for performance improvement, or performance exceeding the criteria or meeting the goals established under subparagraph (A); or ``(ii) to the extent the Secretary of Labor determines funds are available after providing grants to States under this title for the administration of State laws, provide incentive funds to high-performing States based on the measures, criteria, goals, or programs established under subparagraph (A). ``(2) Enforcement.--Whenever the Secretary of Labor, after reasonable notice and opportunity for hearing to the State agency charged with the administration of the State law, finds that there is a failure to comply substantially with the requirements of paragraph (1), the Secretary of Labor shall notify such State agency that further payments will not be made to the State until the Secretary of Labor is satisfied that there is no longer any such failure. Until the Secretary of Labor is so satisfied, such Secretary shall make no future certification to the Secretary of the Treasury with respect to the State.''. (2) Effective date.--The amendments made by this subsection shall take effect on the date of enactment of this Act. (f) Funding.--Notwithstanding any other provision of law, out of any payments of compensation from the unemployment fund of the State that were made under the provisions of subtitle A of title II of division A of the CARES Act and are determined to have been made in error and are subsequently recovered by the State, the State may, immediately following receipt of such recovered amount-- (1) deposit 50 percent of such amount in a fund from which moneys may be withdrawn to carry out the provisions of, and the amendments made by, this section, including any regional or multi-State efforts; and (2) pay 50 percent of such amount to the Secretary of the Treasury to the credit of the account of the State in the Unemployment Trust Fund. (g) Permissible Use of CARES Act Funding.--Section 2118 of the CARES Act (15 U.S.C. 9034) is amended by adding at the end the following new subsection: ``(d) Permissible Use of Grant Funds.--A grant to a State or territory awarded under subsection (b)(3) may be used for purposes of carrying out the provisions of, and the amendments made by, subsections (a) through (e) of section 2 of the Unemployment Insurance Systems Modernization Act of 2021.''. <all>

Unemployment Insurance Systems Modernization Act of 2021

A bill to amend title III of the Social Security Act to provide for improvements to State unemployment systems and to strengthen program integrity, and for other purposes.

Unemployment Insurance Systems Modernization Act of 2021

Sen. Young, Todd

R

IN

H.R.8758

Armed Forces and National Security

Building Credit Access for Veterans Act of 2022 This bill requires the Department of Veterans Affairs (VA) to implement a pilot program to assess the feasibility and advisability of using alternative credit scoring information or models to improve the determination of creditworthiness of certain individuals and to increase the number of such individuals who are able to obtain VA housing and small business loans. Specifically, the program is for veterans or members of the Armed Forces who are eligible for VA housing or small business loans and have insufficient credit history. Under the program, the VA must assess the feasibility and advisability of establishing criteria for acceptable commercially available credit scoring models to be used by lenders for the purpose of guaranteeing or insuring a VA housing or small business loan. Participation is voluntary on an opt-in basis for lenders, borrowers, and individuals. The VA must conduct outreach to lenders and individuals to inform them of the pilot program.

To require the Secretary of Veterans Affairs to carry out a pilot program on using alternative credit scoring information for veterans and members of the Armed Forces, and for other purposes. Be it enacted by the Senate 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 Credit Access for Veterans Act of 2022''. SEC. 2. DEPARTMENT OF VETERANS AFFAIRS PILOT PROGRAM ON USE OF ALTERNATIVE CREDIT SCORING INFORMATION OR CREDIT SCORING MODELS. (a) Pilot Program Required.-- (1) In general.--Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall commence carrying out a pilot program that will assess the feasibility and advisability of-- (A) using alternative credit scoring information or credit scoring models using alternative credit scoring methodology for an individual described in paragraph (2)-- (i) to improve the determination of creditworthiness of such an individual; and (ii) to increase the number of such individuals who are able to obtain a loan guaranteed or insured under chapter 37 of title 38, United States Code; and (B) in consultation with such entities as the Secretary considers appropriate, establishing criteria for acceptable commercially available credit scoring models to be used by lenders for the purpose of guaranteeing or insuring a loan under chapter 37 of title 38, United State Code. (2) Individual described.--An individual described in this paragraph is a veteran or a member of the Armed Forces who-- (A) is eligible for a loan under chapter 37 of title 38, United States Code; and (B) has an insufficient credit history for a lender or the Secretary to determine the creditworthiness of the individual. (3) Alternative credit scoring information.--Alternative credit scoring information described in paragraph (1)(A) may include proof of rent, utility, and insurance payment histories, and such other information as the Secretary considers appropriate. (b) Voluntary Participation.-- (1) In general.--The Secretary shall ensure that any participation in the pilot program is voluntary on an opt-in basis for a lender, a borrower, and an individual described in subsection (a)(2). (2) Notice of participation.--Subject to paragraph (3), any lender who participates in the pilot program shall-- (A) notify each individual described in subsection (a)(2) who, during the pilot program, applies for a loan under chapter 37 of title 38, United States Code, from such lender, of the lender's participation in the pilot program; and (B) offer such individual the opportunity to participate in the pilot program. (3) Limitation.-- (A) In general.--The Secretary may establish a limitation on the number of individuals and lenders that may participate in the pilot program. (B) Report.--If the Secretary limits participation in the pilot program under subparagraph (A), the Secretary shall, not later than 15 days after establishing such limitation, submit to Congress a report setting forth the reasons for establishing such limitation. (c) Approval of Credit Scoring Models.-- (1) In general.--A lender participating in the pilot program may not use a credit scoring model under subsection (a)(1)(A) until the Secretary has reviewed and approved such credit scoring model for purposes of the pilot program. (2) Publication of criteria.--The Secretary shall publish in the Federal Register any criteria established under subsection (a)(1)(B) for acceptable commercially available credit scoring models that use alternative credit scoring information described in subsection (a)(1)(A) to be used for purposes of the pilot program. (3) Considerations; approval of certain models.--In selecting credit scoring models to approve under this section, the Secretary shall-- (A) consider the criteria for credit score assessments under section 1254.7 of title 12, Code of Federal Regulations; and (B) approve any commercially available credit scoring model that has been approved pursuant to section 302(b)(7) of the Federal National Mortgage Association Charter Act (12 U.S.C. 1717(b)(7)) or section 305(d) of the Federal Home Loan Mortgage Corporation Act (12 U.S.C. 1454)(d)). (d) Outreach.--To the extent practicable, the Secretary shall conduct outreach to lenders and individuals described in subsection (a)(2) to inform such persons of the pilot program. (e) Report.-- (1) In general.--Not later than two years after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the pilot program. (2) Contents.--The report submitted under paragraph (1) shall include the following: (A) The findings of the Secretary with respect to the feasibility and advisability of using alternative credit scoring information or credit scoring models using alternative credit scoring methodology for individuals described in subsection (a)(2). (B) A description of the efforts of the Secretary to assess the feasibility and advisability of using alternative credit scoring information or credit scoring models as described in subparagraph (A). (C) To the extent practicable, the following: (i) The rate of participation in the pilot program. (ii) An assessment of whether participants in the pilot program benefitted from such participation. (D) An assessment of the effect of the pilot program on the subsidy rate for loans guaranteed or insured by the Secretary under chapter 37 of title 38, United States Code. (E) Such other information as the Secretary considers appropriate. (f) Termination.-- (1) In general.--The Secretary shall complete the pilot program required by subsection (a)(1) not later than September 30, 2025. (2) Effect on loans and applications.--The termination of the pilot program under paragraph (1) shall not affect a loan guaranteed, or for which loan applications have been received by a participating lender, on or before the date of the completion of the pilot program. (g) Insufficient Credit History Defined.--In this section, the term ``insufficient credit history'', with respect to an individual described in subsection (a)(2), means that the individual does not have a credit record with one of the national credit reporting agencies or such credit record contains insufficient credit information to assess creditworthiness. <all>

Building Credit Access for Veterans Act of 2022

To require the Secretary of Veterans Affairs to carry out a pilot program on using alternative credit scoring information for veterans and members of the Armed Forces, and for other purposes.

Building Credit Access for Veterans Act of 2022

Rep. Levin, Mike

D

CA

H.R.2305

Taxation

Senior Accessible Housing Act This bill allows a refundable income tax credit to individual taxpayers who have attained age 60 for expenditures in their residences for the installation of entrance and exit ramps, the widening of doorways, the installation of handrails, grab bars, and non-slip flooring.

To amend the Internal Revenue Code of 1986 to provide a refundable tax credit to seniors who install modifications on their residences that would enable them to age in place, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Senior Accessible Housing Act''. SEC. 2. HOME MODIFICATION CREDIT FOR SENIORS. (a) In General.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by inserting after section 36B the following: ``SEC. 36C. HOME MODIFICATION CREDIT FOR SENIORS. ``(a) Allowance of Credit.--In the case of a qualified individual, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to the aggregate qualified expenditures made by the taxpayer with respect to a qualified residence during such year. ``(b) Limitations.-- ``(1) Limitation based on adjusted gross income.-- ``(A) In general.--The amount of the credit allowable under subsection (a) shall be reduced (but not below zero) by $1 for each $2 (or fraction thereof) by which the taxpayer's modified adjusted gross income exceeds the threshold amount. ``(B) Threshold amount.--For purposes of subparagraph (A), the term `threshold amount' means-- ``(i) $150,000 in the case of a joint return, and ``(ii) $100,000 in any other case. ``(C) Modified adjusted gross income.--For purposes of this paragraph, the term `modified adjusted gross income' means adjusted gross income-- ``(i) increased by any amount excluded from gross income under section 911, 931, or 933, and ``(ii) reduced by any amount of social security benefits (as defined in section 86(d)) which is included in gross income under section 86 for the taxable year. ``(D) Marital status.--For purposes of this paragraph, marital status shall be determined under section 7703. ``(2) Lifetime credit limitation.--The amount allowed as a credit under subsection (a) (determined after the application of paragraph (1)) with respect to the taxpayer for any taxable year shall not exceed the excess (if any) of-- ``(A) $30,000, over ``(B) the aggregate amount allowed as a credit under subsection (a) to such taxpayer for all prior taxable years. ``(c) Definitions.--For purposes of this section-- ``(1) Qualified individual.--The term `qualified individual' means an individual who has attained 60 years of age. ``(2) Qualified expenditure.--The term `qualified expenditure' means an expenditure for any of the following modifications installed on a qualified residence: ``(A) The installation of entrance and exit ramps. ``(B) The widening of doorways. ``(C) The installation of handrails or grab bars. ``(D) The installation of non-slip flooring. ``(E) A modification that is included in a list established and maintained in accordance with subsection (d)(2). ``(3) Qualified residence.--The term `qualified residence' has the meaning given that term in section 163(h)(4)(A). ``(d) Special Rules.-- ``(1) Labor costs.--Expenditures for labor costs properly allocable to the onsite preparation, assembly, or original installation of a modification described under subsection (c)(2) and for piping or wiring to interconnect such modification to the dwelling unit shall be taken into account for purposes of this section. ``(2) List of modifications.--The Secretary, in consultation with the Secretary of Health and Human Services and after receiving the input of members of the public (including seniors groups, health organizations, and social services organizations), shall establish and maintain a list of any modification that, if installed on a residence of a qualified individual, would enhance the ability of such individual to remain living safely, independently, and comfortably in such residence. ``(3) When expenditure made.-- ``(A) In general.--Except as provided in subparagraph (B), a qualified expenditure shall be treated as made when the original installation of the modification is completed. ``(B) Expenditures as part of building construction.--In the case of a qualified expenditure in connection with the construction or reconstruction of a structure, such expenditure shall be treated as made when the original use of the constructed or reconstructed structure by the taxpayer begins. ``(e) Basis Adjustments.--For purposes of this subtitle, if a credit is allowed under this section for any expenditure with respect to any property, the increase in the basis of such property which would (but for this subsection) result from such expenditure shall be reduced by the amount of the credit so allowed. ``(f) Credit May Be Assigned.-- ``(1) In general.--If the taxpayer elects the application of this subsection for any taxable year, any portion of the credit determined under this section (after the application of subsection (b)) for such year which would (but for this subsection) be allowable to the taxpayer may be assigned to any person who is an eligible designee. The person so designated shall be allowed the amount of the credit so assigned and shall be treated as the taxpayer with respect to such credit for purposes of this title (other than this paragraph), except that such credit shall be treated as a credit listed in section 38(b) for such taxable year (and not allowed under subsection (a)). ``(2) Eligible designee.--For purposes of paragraph (1), the term `eligible designee' means any person who-- ``(A) with respect to the qualified residence, makes any modification described in subsection (c)(2) with respect to which the credit allowable under subsection (a) is attributable, ``(B) is licensed by the local governmental jurisdiction in which the qualified residence is located to make the modification or installation, and ``(C) is credentialed in aging home modification by an entity approved by the Secretary of Health and Human Services pursuant to section 2(b) of the Senior Accessible Housing Act. ``(3) Election requirements.--Any election under paragraph (1) shall include such information and shall be made at such time, and in such form and manner, as the Secretary shall by regulation prescribe.''. (b) Certification Requirements.--For purposes of section 36C(f)(2)(C) of the Internal Revenue Code of 1986, the Secretary of Health and Human Services may approve a third-part entity to certify persons qualified in the area of accessible home modifications and independent living. In determining whether to approve a person, the Secretary shall ensure that certifications cover home modification solutions for aging at home, local and State building regulations, construction standards, and appropriateness of modifications. (c) Conforming Amendments.-- (1) Section 38(b) of such Code is amended by striking ``plus'' at the end of paragraph (32), by striking the period at the end of paragraph (33) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(34) the portion of the home modification credit for seniors assigned to the taxpayer under section 36C(f).''. (2) Section 1016(a) of such Code is amended by striking ``and'' at the end of paragraph (37), by striking the period at the end of paragraph (38) and inserting ``; and'', and by inserting after paragraph (38) the following: ``(39) to the extent provided in section 36C(e), in the case of amounts with respect to which a credit has been allowed under section 36E.''. (3) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting ``36C,'' after ``36B,''. (d) Clerical Amendment.--The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 36B the following new item: ``Sec. 36C. Home modification credit for seniors.''. (e) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2020. <all>

Senior Accessible Housing Act

To amend the Internal Revenue Code of 1986 to provide a refundable tax credit to seniors who install modifications on their residences that would enable them to age in place, and for other purposes.

Senior Accessible Housing Act

Rep. Crist, Charlie

D

FL

H.R.5599

Armed Forces and National Security

Burn Pit Program to Review Operations and Management of ILER System Efficacy Act or the Burn Pit PROMISE Act This bill requires the Government Accountability Office to study and report on the implementation and effectiveness of the Individual Longitudinal Exposure Record program of the Department of Defense and the Department of Veterans Affairs.

To direct the Comptroller General of the United States to conduct a biennial study on the Individual Longitudinal Exposure Record program of the Department of Defense and the Department of Veterans Affairs, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Burn Pit Program to Review Operations and Management of ILER System Efficacy Act'' or the ``Burn Pit PROMISE Act''. SEC. 2. GAO BIENNIAL STUDY ON INDIVIDUAL LONGITUDINAL EXPOSURE RECORD PROGRAM. (a) Studies and Reports Required.--Not later than December 31, 2022, and once every two years thereafter until December 31, 2030, the Comptroller General of the United States shall-- (1) conduct a study on the implementation and effectiveness of the Individual Longitudinal Exposure Record program of the Department of Defense and the Department of Veterans Affairs; and (2) submit to the appropriate congressional committees a report containing the findings of the most recently conducted study. (b) Elements.--The biennial studies under subsection (a) shall include an assessment of elements as follows: (1) Initial study.--The initial study conducted under subsection (a) shall assess, at a minimum, the following: (A) Statistics relating to use of the Individual Longitudinal Exposure Record program, including the total number of individuals the records of whom are contained therein and the total number of records accessible under the program. (B) Costs associated with the program, including any cost overruns associated with the program. (C) The capacity to expand the program to include the medical records of veterans who served prior to the establishment of the program. (D) Any illness recently identified as relating to a toxic exposure (or any guidance relating to such an illness recently issued) by either the Secretary of Defense or the Secretary of Veterans Affairs, including any such illness or guidance that relates to open burn pit exposure. (E) How the program has enabled (or failed to enable) the discovery, notification, and medical care of individuals affected by an illness described in subparagraph (D). (F) Physician and patient feedback on the program, particularly feedback that relates to ease of use. (G) Cybersecurity and privacy protections of patient data stored under the program, including whether any classified or restricted data has been stored under the program (such as data relating to deployment locations or duty stations). (H) Any technical or logistical impediments to the implementation or expansion of the program, including any impediments to the inclusion in the program of databases or materials originally intended to be included. (I) Any issues relating to read-only access to data under the program by veterans. (J) Any issues relating to the interoperability of the program between the Department of Defense and the Department of Veterans Affairs. (2) Subsequent studies.--Except as provided in paragraph (3), each study conducted under subsection (a) following the initial study specified in paragraph (1) shall assess-- (A) statistics relating to use of the Individual Longitudinal Exposure Record program, including the total number of individuals the records of whom are contained therein and the total number of records accessible under the program; and (B) such other elements as the Comptroller General determines appropriate, which may include any other element specified in paragraph (1). (3) Final study.--The final study conducted under subsection (a) shall assess-- (A) the elements specified in subparagraphs (A), (B), (D), (E), (F), and (H) of paragraph (1); and (B) such other elements as the Comptroller General determines appropriate, which may include any other element specified in paragraph (1). (c) Access by Comptroller General.-- (1) Information and materials.--Upon request of the Comptroller General, the Secretary of Defense and the Secretary of Veterans Affairs shall make available to the Comptroller General any information or other materials necessary for the conduct of each biennial study under subsection (a). (2) Interviews.--In addition to such other authorities as are available, the Comptroller General shall have the right to interview officials and employees of the Department of Defense and the Department of Veterans Affairs (including clinicians, claims adjudicators, and researchers) as necessary for the conduct of each biennial study under subsection (a). (3) Information from patients and former patients.-- (A) Development of questionnaire.--In carrying out each biennial study under subsection (a), the Comptroller General may develop a questionnaire for individuals the records of whom are contained in the Individual Longitudinal Exposure Record, to obtain the information necessary for the conduct of the study. (B) Distribution.--The Secretary concerned shall ensure that any questionnaire developed pursuant to subparagraph (A) is distributed to individuals the records of whom are contained in the Individual Longitudinal Exposure Record. (d) Definitions.--In this Act: (1) The term ``appropriate congressional committees'' means-- (A) the Committee on Armed Services and the Committee on Veterans' Affairs of the House of Representatives; and (B) the Committee on Armed Services and the Committee on Veterans' Affairs of the Senate. (2) The term ``Secretary concerned'' means-- (A) the Secretary of Defense, with respect to matters concerning the Department of Defense; and (B) the Secretary of Veterans Affairs, with respect to matters concerning the Department of Veterans Affairs. <all>

Burn Pit Program to Review Operations and Management of ILER System Efficacy Act

To direct the Comptroller General of the United States to conduct a biennial study on the Individual Longitudinal Exposure Record program of the Department of Defense and the Department of Veterans Affairs, and for other purposes.

Burn Pit PROMISE Act Burn Pit Program to Review Operations and Management of ILER System Efficacy Act

Rep. Sherrill, Mikie

D

NJ

H.R.7130

Public Lands and Natural Resources

Leandra Wai Act This bill provides for the conveyance and return by the Department of Defense (DOD), to the state of Hawaii, without consideration, all interest of the United States in the parcel of property known as the Makua Military Reservation located in Oahu, Hawaii. DOD shall, in collaboration with the state, conduct a study to There is established a Makua Military Reservation Conveyance, Remediation, and Environmental Restoration Trust Fund to (1) make the reservation suitable for agriculture, residential use, and human habitation, including any remedial actions under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980; and (2) carry out this bill. The U.S. Army Corps of Engineers shall enter into a memorandum of understanding with the state that shall govern

To direct the Secretary of Defense to convey the Makua Military Reservation to the State of Hawai`i and establish a trust fund for such conveyance, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This bill may be cited as the ``Leandra Wai Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Leandra Wai was a co-founder of the Native Hawaiian-led non-profit Malama Makua, served as its president, and grounded the organization as its cultural practitioner until her passing in 2016. She embodied the cultural healing power of Makua Valley, and was the heart, soul, and spirit of Malama Makua as the organization fought in Federal court to stop live-fire training in the sacred valley. Twice per month, from 2002 until shortly before her passing, Wai led cultural access into Makua Valley, facilitating the cultural reconnection of thousands of community members with Makua. Her leadership still guides Malama Makua. (2) Makua, which means ``parents'' in Hawaiian, is a sacred site, rich in culture and biological resources. (3) Makua Military Reservation (in this section referred to as ``MMR'') contains more than 100 sites eligible for listing on the National Register of Historic Places, including Hawaiian temples, shrines, petroglyphs, and other sacred, cultural, and historic sites. Past military live-fire training has damaged Makua's cultural sites, bombing them and pockmarking them with bullet holes. Moreover, continued military occupation of MMR severely limits access by Native Hawaiian cultural practitioners. (4) In Native Hawaiian stories and legends, or ``mo`olelo'', Makua is an important place within a much more expansive traditional cultural landscape and network of interrelated sites. It has heightened cultural significance because of its relationship to other sites. (5) Military training-related fires at MMR threaten more than 40 species of animals and plants protected under the Endangered Species Act (Public Law 93-205; 16 U.S.C. 1531 et seq.), as well as native habitat identified as critical to the survival and recovery of these imperiled species. Additionally, training-related fires have burned thousands of acres at MMR. (6) Historically, Makua was considered ```aina momona'', or fertile land, with evidence of extensive agricultural terracing that could have produced substantial amounts of food and provided access to important offshore fisheries. (7) Traditional and customary practices, such as fishing, gathering of plants, and funerary practices, have continued at Makua in different forms to the present. (8) Toxins from military training and related activities at MMR, such as prescribed burns, contaminate Makua's air, land, and water. Contaminants are transported to civilian areas beyond MMR's boundaries--to Makua Beach and the ocean--via the air, Makua's streams, overland flow during storm events, and groundwater. (9) The Armed Forces seized Makua for training shortly after the attack on Pearl Harbor, evicting the families who had lived there for generations, bombing their church, and destroying their homes. The Armed Forces promised to return the land to the local families six months after the end of hostilities but broke that promise. Nearly eight decades after World War II ended, the Armed Forces still occupy MMR. (10) In addition to seizing Hawaiian trust lands, the Armed Forces condemned kuleana land grants from Native Hawaiian families. (11) MMR lies just across Farrington Highway, a public roadway, from Makua Beach, a public beach where local children play, and local families gather fish and limu to put food on their tables. (12) The Armed Forces have not conducted live fire training at MMR since June 2004. For more than 23 years, Hawai`i-based military units have consistently and repeatedly been able to achieve readiness to deploy for combat missions without conducting any live-fire training at MMR. (13) The Wai`anae district is home to one of the largest concentrations of Native Hawaiians anywhere, yet approximately one-third of Wai`anae's land is occupied by the Armed Forces. The community has been burdened with multiple threats to health, safety, and the environment, which is reflected in poor health and socioeconomic indicators. (14) Makua is an important site for the revitalization of Native Hawaiian cultural practices and a valuable educational resource for Hawaiian culture, history, ecology, and environmental restoration. SEC. 3. STUDY OF THE COST TO MAKE THE MAKUA MILITARY RESERVATION SUITABLE FOR HUMAN HABITATION. (a) Study Required.--The Secretary of Defense shall, in collaboration with the State of Hawai`i, conduct a study to-- (1) map out land hazards including-- (A) unexploded ordnance; and (B) other contaminants; (2) determine an appropriate schedule, consistent with community standards, for the removal of such land hazards; and (3) provide a cost estimate for the land remediation and restoration activities required to make the Makua Military Reservation suitable for agriculture, residential use, and human habitation. (b) Report Required.--Not later than one year following the date of the enactment of this Act, the Secretary, in collaboration with the State of Hawai`i, shall submit a report to the appropriate congressional committees that contains the results of such study. SEC. 4. CONVEYANCE OF THE MAKUA MILITARY RESERVATION TO THE STATE OF HAWAI`I. (a) Conveyance.--The United States, through the Secretary of Defense, shall convey and return, without consideration, to the State of Hawai`i, all right, title, and interest of the United States in and to that parcel of property known as the Makua Military Reservation located in Oahu, Hawai`i. (b) Deadline.--Notwithstanding section 120(h)(3)(A)(ii)(I) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)(3)(A)(ii)(I)), the Secretary shall carry out the conveyance under subsection (a) of this section not later than 180 days after the date of the enactment of this Act. (c) Description of Property.--The exact acreage and legal description of the parcel of property to be conveyed under this Act shall be determined by a survey that is satisfactory to the State of Hawai`i after consultation with the Secretary. (d) Report on Conveyance.--Not later than 180 days after the conveyance under this Act, and annually thereafter, the Secretary shall submit to the appropriate congressional committees a report on the compliance with the provisions of this Act. SEC. 5. MAKUA MILITARY RESERVATION CONVEYANCE, REMEDIATION, AND ENVIRONMENTAL RESTORATION TRUST FUND. (a) Establishment of Trust Fund.--There is established in the Treasury of the United States a trust fund that shall be known as the ``Makua Military Reservation Conveyance, Remediation, and Environmental Restoration Trust Fund'' (in this section referred to as the ``Fund''), consisting of such sums as may be appropriated or credited to the Fund as provided in this section. (b) Transfer to the Fund.-- (1) Appropriations.--There are authorized to be appropriated to the Fund such sums as may be necessary-- (A) to make the Makua Military Reservation suitable for agriculture, residential use, and human habitation, including any remedial actions under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620 et seq.); and (B) to carry out this Act. (2) Investment yield.--There shall be deposited into the Fund any returns yielded from the investment of the sums appropriated to the Fund under paragraph (1) of this subsection. (c) Expenditures From the Fund.--Amounts in the Fund shall be made available pursuant to the terms of the Memorandum of Understanding under subsection (d). (d) Memorandum of Understanding.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Secretary of the Army, acting through the Chief of Engineers, shall enter into a Memorandum of Understanding with the State of Hawai`i that shall govern-- (A) the study required under section 3(a); (B) the conveyance required under section 4(a); (C) the timing, planning, methodology, and implementation for the removal of-- (i) unexploded ordnance; and (ii) other contaminants; and (D) the use of the sums appropriated to the Fund under subsection (b)(1). (2) Consultation.--In carrying out paragraph (1), with respect to the terms and conditions included in the Memorandum of Understanding pursuant to paragraph (1)(C), the Secretary of the Army shall consult with Native Hawaiian organizations. (3) Access to site.--Nothing in the Memorandum of Understanding may restrict access to the Makua Military Reservation pursuant to paragraph 13 of the settlement agreement and stipulated order of the United States District Court for the District of Hawai`i executed on October 4, 2001 (Civil No. 00-00813 SOM-LEK). SEC. 6. DEFINITIONS. In this Act: (1) The term ``appropriate congressional committees'' means the Committees on Armed Services of the Senate and House of Representatives. (2) The term ``Native Hawaiian organization'' has the meaning given such term-- (A) in section 6207 of the Native Hawaiian Education Act (20 U.S.C. 7517); or (B) in section 300314 of title 54, United States Code. (3) The term ``other contaminants'' includes-- (A) improved conventional munitions; (B) munitions waste; (C) medical waste; and (D) other hazardous materials introduced to the Makua Military Reservation by the Secretary of Defense. <all>

Leandra Wai Act

To direct the Secretary of Defense to convey the M?kua Military Reservation to the State of Hawai?i and establish a trust fund for such conveyance, and for other purposes.

Leandra Wai Act

Rep. Kahele, Kaiali'i

D

HI

H.R.4810

Energy

Supporting Trucking Efficiency and Emission Reductions Act or the STEER Act This bill requires the Department of Energy to establish a voucher program for expenses associated with retrofitting certain heavy-duty trucks with emission-reducing technologies.

To establish a voucher program for the purchase and installation of emission reducing technologies for Class 8 trucks, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Supporting Trucking Efficiency and Emission Reductions Act'' or the ``STEER Act''. SEC. 2. VOUCHER PROGRAM FOR EMISSION REDUCING TECHNOLOGIES ON CLASS 8 TRUCKS. (a) Voucher Program.--Not later than 180 days after the date of enactment of this Act, the Secretary shall establish a program to provide vouchers for covered expenditures associated with retrofitting emission reducing active technologies on Class 8 trucks (in this section referred to as the ``program''). (b) Voucher Program Requirements.-- (1) Eligible entities.--A voucher under the program may be made to an individual, a State or local government, a private entity, a not-for-profit entity, a nonprofit entity, or other applicants as deemed appropriate by the Secretary. (2) Eligible equipment.-- (A) In general.--Not later than 150 days after the date of enactment of this Act, the Secretary shall publish and maintain on the Department of Energy internet website a list of emission reducing active technologies that are eligible for the program. (B) Updates.--The Secretary may add to, or otherwise revise, the list of emission reducing active technologies under subparagraph (A) if the Secretary determines that such addition or revision will likely lead to-- (i) greater usage of emission reducing active technologies; or (ii) greater access to emission reducing active technologies by users. (C) Location requirement.--To be eligible for the program, the emission reducing active technologies described in subparagraph (A) shall be installed in the United States. (3) Application.-- (A) In general.--An eligible entity under paragraph (1) may submit to the Secretary an application for a voucher under the program. Such application shall include-- (i) the estimated cost of covered expenditures to be expended on the emission reducing active technologies that are eligible under paragraph (2); (ii) the estimated installation cost of the emission reducing active technologies that are eligible under paragraph (2); (iii) the global positioning system location, including the integer number of degrees, minutes, and seconds, where such emission reducing active technologies are to be installed; (iv) the technical specifications of such emission reducing active technologies; and (v) any other information determined by the Secretary to be necessary for a complete application. (B) Review process.--The Secretary shall review an application for a voucher under the program and approve an eligible entity under paragraph (1) to receive such voucher if the application meets the requirements of the program under this subsection. (C) Notification to eligible entity.--Not later than 90 days after the date on which the eligible entity under paragraph (1) applies for a voucher under the program, the Secretary shall notify the eligible entity whether the eligible entity will be awarded a voucher under the program following the submission of additional materials required under paragraph (5). (4) Voucher amount.--The amount of a voucher made under the program for each technology for covered expenditures shall cover the lesser of-- (A) $4,000 or 75 percent of total costs per unit for fleets operating 10 trucks or less; (B) $3,500 or 72.5 percent of total costs per unit for fleets operating 50 trucks or less; (C) $3,000 or 70.0 percent of total costs per unit for fleets operating 100 trucks or less; and (D) $2,500 or 67.5 percent of total costs per unit for fleets operating more than 101 trucks. (5) Disbursement of voucher.-- (A) In general.--The Secretary shall disburse a voucher under the program within 90 days to an eligible entity under paragraph (1), following approval of an application under paragraph (3), if such entity submits the materials required under subparagraph (B). (B) Materials required for disbursement of voucher.--Not later than one year after the date on which the eligible entity under paragraph (1) receives notice under paragraph (3)(C) that the eligible entity has been approved for a voucher, such eligible entity shall submit to the Secretary the following-- (i) a record of payment for covered expenses expended on the installation of the emission reducing active technologies that are eligible under paragraph (2); (ii) a record of payment for the emission reducing active technologies that are eligible under paragraph (2); (iii) the global positioning system location of where such emission reducing active technologies were installed; (iv) the technical specifications of the emission reducing active technologies that are eligible under paragraph (2); and (v) any other information determined by the Secretary to be necessary. (6) Report.--Not later than 3 years after the first date on which the Secretary awards a voucher under the program, the Secretary shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report of the number of vouchers awarded for emission reducing active technologies. (c) Definitions.--In this section: (1) Covered expenditure.--The term ``covered expenditure'' means an expense that is associated with the purchase and installation of emission reducing active technologies, including-- (A) the cost of emission reducing active technologies; and (B) material and labor costs associated with the installation of such emission reducing active technologies. (2) Emission reducing active technology.--The term ``emission reducing active technology'' means any physical alterations of a Class 8 truck that can be installed as a retrofit and that adapt automatically to control vehicle performance factors and improve fuel efficiency, including active aerodynamic, active rolling resistance, dynamic axle lift control, non-APU active idle reduction, and other such emerging improvements. (3) Secretary.--The term ``Secretary'' means the Secretary of Energy. (d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $100,000,000 for each of fiscal years 2022 through 2026. <all>

STEER Act

To establish a voucher program for the purchase and installation of emission reducing technologies for Class 8 trucks, and for other purposes.

STEER Act Supporting Trucking Efficiency and Emission Reductions Act

Rep. Davis, Rodney

R

IL

H.R.9509

Labor and Employment

Apprenticeship Freedom Act This bill eliminates the requirement for apprenticeships to register with the Department of Labor as a condition of their participation in Workforce Innovation and Opportunity Act (WIOA) programs.

To amend the Workforce Innovation and Opportunity Act to remove the requirements relating to registered apprenticeships. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Apprenticeship Freedom Act''. SEC. 2. WIOA AMENDMENTS. (a) Career Pathway.--Section 3(7)(B) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102(7)(B)) is amended by striking ``registered'' and all that follows, and inserting a semicolon. (b) Identification of Eligible Providers.--Section 122(a) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3152(a)) is amended-- (1) by amending paragraph (2)(B) to read as follows: ``(B) an entity that carries out apprenticeships; or''; and (2) in paragraph (3), by striking ``for so long as the corresponding program of the provider remains registered''. (c) Youthbuild Program.--Section 171 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3226) is amended-- (1) in subsection (b)-- (A) by striking paragraph (10); and (B) by redesignating paragraphs (11) and (12) as paragraphs (10) and (11), respectively; and (2) by striking ``registered'' each place it appears. <all>

Apprenticeship Freedom Act

To amend the Workforce Innovation and Opportunity Act to remove the requirements relating to registered apprenticeships.

Apprenticeship Freedom Act

Rep. Good, Bob

R

VA

H.R.24

Finance and Financial Sector

Federal Reserve Transparency Act of 2021 This bill establishes requirements regarding audits of certain financial agencies performed by the Government Accountability Office (GAO). Specifically, the bill directs the GAO to complete, within 12 months, an audit of the Federal Reserve Board and Federal Reserve banks. In addition, the bill allows the GAO to audit the Federal Reserve Board and Federal Reserve banks with respect to (1) international financial transactions; (2) deliberations, decisions, or actions on monetary policy matters; (3) transactions made under the direction of the Federal Open Market Committee; and (4) discussions or communications among Federal Reserve officers, board members, and employees regarding any of these matters.

To require a full audit of the Board of Governors of the Federal Reserve System and the Federal reserve banks by the Comptroller General 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 ``Federal Reserve Transparency Act of 2021''. SEC. 2. AUDIT REFORM AND TRANSPARENCY FOR THE BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM. (a) In General.--Notwithstanding section 714 of title 31, United States Code, or any other provision of law, the Comptroller General of the United States shall complete an audit of the Board of Governors of the Federal Reserve System and the Federal reserve banks under subsection (b) of such section 714 within 12 months after the date of the enactment of this Act. (b) Report.-- (1) In general.--Not later than 90 days after the audit required pursuant to subsection (a) is completed, the Comptroller General-- (A) shall submit to Congress a report on such audit; and (B) shall make such report available to the Speaker of the House, the majority and minority leaders of the House of Representatives, the majority and minority leaders of the Senate, the Chairman and Ranking Member of the committee and each subcommittee of jurisdiction in the House of Representatives and the Senate, and any other Member of Congress who requests the report. (2) Contents.--The report under paragraph (1) shall include a detailed description of the findings and conclusion of the Comptroller General with respect to the audit that is the subject of the report, together with such recommendations for legislative or administrative action as the Comptroller General may determine to be appropriate. (c) Repeal of Certain Limitations.--Subsection (b) of section 714 of title 31, United States Code, is amended by striking the second sentence. (d) Technical and Conforming Amendments.-- (1) In general.--Section 714 of title 31, United States Code, is amended-- (A) in subsection (d)(3), by striking ``or (f)'' each place such term appears; (B) in subsection (e), by striking ``the third undesignated paragraph of section 13'' and inserting ``section 13(3)''; and (C) by striking subsection (f). (2) Federal reserve act.--Subsection (s) (relating to ``Federal Reserve Transparency and Release of Information'') of section 11 of the Federal Reserve Act (12 U.S.C. 248) is amended-- (A) in paragraph (4)(A), by striking ``has the same meaning as in section 714(f)(1)(A) of title 31, United States Code'' and inserting ``means a program or facility, including any special purpose vehicle or other entity established by or on behalf of the Board of Governors of the Federal Reserve System or a Federal reserve bank, authorized by the Board of Governors under section 13(3), that is not subject to audit under section 714(e) of title 31, United States Code''; (B) in paragraph (6), by striking ``or in section 714(f)(3)(C) of title 31, United States Code, the information described in paragraph (1) and information concerning the transactions described in section 714(f) of such title,'' and inserting ``the information described in paragraph (1)''; and (C) in paragraph (7), by striking ``and section 13(3)(C), section 714(f)(3)(C) of title 31, United States Code, and'' and inserting ``, section 13(3)(C), and''. <all>

Federal Reserve Transparency Act of 2021

To require a full audit of the Board of Governors of the Federal Reserve System and the Federal reserve banks by the Comptroller General of the United States, and for other purposes.

Federal Reserve Transparency Act of 2021

Rep. Massie, Thomas

R

KY

H.R.8191

Congress

Pardon Disclosure Act This bill retroactively requires Members of Congress who request presidential pardons for themselves or on behalf of other individuals, and individuals who receive such requests, to disclose the requests to the Select Committee on Ethics of the Senate or the Committee on Ethics of the House of Representatives, as applicable. The disclosure requirements apply to requests made or received beginning on January 1, 2021.

To require a Member of Congress who makes and any individual who receives a request from a Member of Congress for a presidential pardon to disclose the request to the Select Committee on Ethics of the Senate or the Committee on Ethics of the House of Representatives, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Pardon Disclosure Act''. SEC. 2. DISCLOSURE OF PRESIDENTIAL PARDON REQUESTS TO CONGRESSIONAL ETHICS COMMITTEES. (a) Disclosure Requirement.--If a Member of Congress makes a request for a presidential pardon to be granted to the Member or to any other individual, the Member who made the request and any individual who receives the request from the Member shall each disclose the request to the supervising ethics committee in accordance with the requirements under subsection (b). (b) Deadline for Disclosure.--A Member of Congress who makes a request described in subsection (a) or any individual who receives a request described in subsection (a) shall each disclose such request to the supervising ethics committee-- (1) in the case of any such request made or received after the date of the enactment of this Act, not later than 30 days after the date such request is made or received; and (2) in the case of any such request made or received during the period that begins on January 1, 2021, and ends on the date of the enactment of this Act, not later than 30 days after the date of the enactment of this Act. (c) Civil Enforcement.-- (1) In general.--The Attorney General may bring a civil action in an appropriate district court of the United States against any person who violates, or whom the Attorney General has reason to believe is engaging in conduct that violates, subsection (a). (2) Civil penalty.-- (A) In general.--If the court finds by a preponderance of the evidence that a person violated subsection (a), the court shall impose against the person a civil penalty of not more than $100,000. (B) Rule of construction.--A civil penalty under this subsection may be in addition to any other criminal or civil statutory, common law, or administrative remedy available to the United States. (d) Definitions.--In this section, the following definitions apply: (1) Member of congress.--The term ``Member of Congress'' includes a Delegate or Resident Commissioner to the Congress. (2) Supervising ethics committee.--The term ``supervising ethics committee'' means-- (A) in the case of any request described in subsection (a) with respect to a Member of the Senate, the Select Committee on Ethics of the Senate; and (B) in the case of any request described in subsection (a) with respect to a Member of the House of Representatives, the Committee on Ethics of the House of Representatives. SEC. 3. RULES OF THE HOUSE OF REPRESENTATIVES PRESIDENTIAL PARDON DISCLOSURE REQUIREMENT. Clause 2 of rule XXVI of the Rules of the House of Representatives is amended by striking the period at the end and inserting ``, except that Members, Delegates, and the Resident Commissioner shall also include in each annual financial disclosure report required under such title the disclosure of any request made by the Member, Delegate, or Resident Commissioner for a presidential pardon to be granted to the Member, Delegate, or Resident Commissioner or to any other individual.''. <all>

Pardon Disclosure Act

To require a Member of Congress who makes and any individual who receives a request from a Member of Congress for a presidential pardon to disclose the request to the Select Committee on Ethics of the Senate or the Committee on Ethics of the House of Representatives, and for other purposes.

Pardon Disclosure Act

Rep. Torres, Ritchie

D

NY

H.R.5753

Health

Helping Account for Rural Medical Outpatient Needs in Oklahoma Act or the HARMON Oklahoma Act This bill requires the Centers for Medicare & Medicaid Services (CMS) to continue to allow Harmon Memorial Hospital in Hollis, Oklahoma, to retain its designation as a critical access hospital and to seek designation as a rural emergency hospital under Medicare after the end of the COVID-19 public health emergency, as specified in a prior letter sent to the hospital. The bill also requires the CMS to issue final regulations implementing the newly created Medicare rural emergency hospital program by November 1, 2022.

To assist in the transition of a certain hospital to a Medicare rural emergency hospital, and for other purposes. Be it enacted by the Senate 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 Account for Rural Medical Outpatient Needs in Oklahoma Act'' or the ``HARMON Oklahoma Act''. SEC. 2. ASSISTANCE IN THE TRANSITION OF A CERTAIN HOSPITAL TO A MEDICARE RURAL EMERGENCY HOSPITAL. (a) Special Rule.--In the case of a critical access hospital (as defined in section 1861(mm) of the Social Security Act (42 U.S.C. 1395x(mm)) with a Centers for Medicare & Medicaid Services certification number of 371338, the following shall apply: (1) Pursuant to the June 11, 2021, Centers for Medicare & Medicaid Services letter sent to the critical access hospital-- (A) the Secretary of Health and Human Services (referred to in this section as the ``Secretary'') shall suspend the running of the twenty-four month extension mentioned in the October 15, 2019, letter to the hospital during the COVID-19 public health emergency; and (B) the hospital shall have 19.7 months after the end of the COVID-19 public health emergency to notify the Centers for Medicare & Medicaid Services of the hospital's intent to either convert to an acute care hospital, transition to a rural emergency hospital under section 1861(kkk) of the Social Security Act (42 U.S.C. 1395x(kkk)) (if the hospital qualifies as such), or terminate as a critical access hospital. (2) Prior to the end of the 19.7 months described in paragraph (1)(B), the Secretary shall not take an adverse redesignation action with respect to the critical access hospital status of the hospital as long as the hospital continues to meet all of the requirements for designation as a critical access hospital other than the distance requirement under section 1820(c)(2)(B)(i) of such Act (42 U.S.C. 1395i- 4(c)(2)(B)(i)). (3) If, prior to the end of the 19.7 months described in paragraph (1)(B), the critical access hospital notifies the Secretary of the hospital's intention to transition to a rural emergency hospital, the Secretary-- (A) shall give priority to the processing of the request for such transition; and (B) shall not take an adverse redesignation action with respect to the critical access hospital status of the hospital prior to the later of-- (i) the end of the 19.7 months described in paragraph (1)(B); or (ii) the date the Secretary makes a final determination with respect to such request. (b) Timeline for Regulations.-- (1) In general.--The Secretary shall-- (A) not later than July 1, 2022, promulgate a proposed rule to carry out the provisions of, and amendments made by, section 125 of division CC of the Consolidated Appropriations Act, 2021 (Public Law 116- 260); and (B) not later than November 1, 2022, promulgate a final rule to carry out such provisions and amendments. (2) Additional information.--The Secretary shall ensure that the proposed and final rules required under paragraph (1) contain a description of the additional information that will be required under section 1861(kkk)(4) of the Social Security Act (42 U.S.C. 1395x(kkk)(4)). <all>

HARMON Oklahoma Act

To assist in the transition of a certain hospital to a Medicare rural emergency hospital, and for other purposes.

HARMON Oklahoma Act Helping Account for Rural Medical Outpatient Needs in Oklahoma Act

Rep. Lucas, Frank D.

R

OK

H.R.4010

Taxation

Clean Energy Production Parity Act This bill modifies the tax credit for investments in energy property to make qualified fuel cell property (certain fuel cell power plants) that uses an electromechanical process or includes a linear generator assembly eligible for the credit.

To amend the Internal Revenue Code of 1986 to include fuel cells using electromechanical processes for purposes of the energy tax credit. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Clean Energy Production Parity Act''. SEC. 2. INCLUDING FUEL CELLS USING ELECTROMECHANICAL PROCESSES FOR PURPOSES OF THE ENERGY TAX CREDIT. (a) In General.--Section 48(c)(1) of the Internal Revenue Code of 1986 is amended-- (1) in subparagraph (A)(i)-- (A) by inserting ``or electromechanical'' after ``electrochemical'', and (B) by inserting ``(1 kilowatts in the case of a fuel cell power plant with a linear generator assembly)'' after ``0.5 kilowatt'', and (2) in subparagraph (C)-- (A) by inserting ``, or linear generator assembly,'' after ``a fuel cell stack assembly'', and (B) by inserting ``or electromechanical'' after ``electrochemical''. (b) Linear Generator Assembly.--Section 48(c)(1) of such Code is amended by redesignating subparagraph (D) as subparagraph (E) and by inserting after subparagraph (C) the following new subparagraph: ``(D) Linear generator assembly.--The term `linear generator assembly' does not include any assembly which contains rotating parts.''. (c) Effective Date.--The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act. <all>

Clean Energy Production Parity Act

To amend the Internal Revenue Code of 1986 to include fuel cells using electromechanical processes for purposes of the energy tax credit.

Clean Energy Production Parity Act

Rep. Panetta, Jimmy

D

CA

H.R.4636

Health

Empowering Parents' Healthcare Choices Act of 2021 This bill provides a 60-day time frame within which parents with separate health insurance plans may choose which plan provides primary coverage for their newborn child. The bill limits the application of certain standard health insurance provisions that determine which plan becomes the primary coverage of a dependent child based on the order of the parents' birthdays.

To amend title XXVII of the Public Health Service Act, the Employee Retirement Income Security Act of 1974, and the Internal Revenue Code of 1986 to allow parental choice in the selection of primary health insurance coverage or primary coverage under a group health plan for certain dependent 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 ``Empowering Parents' Healthcare Choices Act of 2021''. SEC. 2. ALLOWING PARENTAL CHOICE IN THE SELECTION OF PRIMARY HEALTH INSURANCE COVERAGE OR PRIMARY COVERAGE UNDER A GROUP HEALTH PLAN FOR CERTAIN DEPENDENT CHILDREN. (a) Public Health Service Act.--Part D of title XXVII of the Public Health Service Act (42 U.S.C. 300gg-111 et seq.) is amended by adding at the end the following new section: ``SEC. 2799A-11. PARENTAL CHOICE OF PRIMARY HEALTH INSURANCE COVERAGE OR PRIMARY COVERAGE UNDER A GROUP HEALTH PLAN FOR CERTAIN DEPENDENT CHILDREN. ``(a) In General.--In the case of a dependent child of two individuals where both such individuals, at the time of birth of such child, are covered under separate policies of health insurance coverage offered by a health insurance issuer or separate group health plans, if both such policies of health insurance coverage or plans (as applicable) would provide coverage of such child, such health insurance coverage or plan (as applicable) shall provide primary coverage of such child if both such individuals submit to the issuer of such coverage or to such plan (as applicable), within 60 days of the birth of such child and in a manner specified by the Secretary, a notification electing primary coverage of such child under such health insurance coverage or plan. Such primary coverage of such child under such health insurance coverage or group health plan shall continue until the earlier of the following: ``(1) A submission of a notification, in a manner specified by the Secretary, by both such individuals to the issuer of such health insurance coverage or plan electing to discontinue such primary coverage for such child. ``(2) The loss of coverage under such health insurance coverage or plan of such individual who is enrolled under such health insurance coverage or plan. ``(b) Election of Primary Coverage With Respect to Single Coverage or Plan.--The provisions of subsection (a) shall not apply if both individuals described in such paragraph submit notifications for a child with respect to multiple policies of health insurance coverage or group health plans.''. (b) Employee Retirement Income Security Act of 1974.-- (1) In general.--Subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 is amended by adding at the end the following new section: ``SEC. 726. PARENTAL CHOICE OF PRIMARY HEALTH INSURANCE COVERAGE OR PRIMARY COVERAGE UNDER A GROUP HEALTH PLAN FOR CERTAIN DEPENDENT CHILDREN. ``(a) In General.--In the case of a dependent child of two individuals where both such individuals, at the time of birth of such child, are covered under separate policies of health insurance coverage offered by a health insurance issuer or separate group health plans, if both such policies of health insurance coverage or plans (as applicable) would provide coverage of such child, such group health insurance coverage or plan (as applicable) shall provide primary coverage of such child if both such individuals submit to the issuer of such coverage or to such plan (as applicable), within 60 days of the birth of such child and in a manner specified by the Secretary, a notification electing primary coverage of such child under such group health insurance coverage or plan. Such primary coverage of such child under such group health insurance coverage or group health plan shall continue until the earlier of the following: ``(1) A submission of a notification, in a manner specified by the Secretary, by both such individuals to the issuer of such group health insurance coverage or plan electing to discontinue such primary coverage for such child. ``(2) The loss of coverage under such group health insurance coverage or plan of such individual who is enrolled under such health insurance coverage or plan. ``(b) Election of Primary Coverage With Respect to Single Coverage or Plan.--The provisions of subsection (a) shall not apply if both individuals described in such paragraph submit notifications for a child with respect to multiple policies of health insurance coverage or group health plans.''. (2) Technical amendment.--The table of contents in section 1 of such Act is amended by inserting after the item relating to section 725 the following new item: ``Sec. 726. Parental choice of primary health insurance coverage or primary coverage under a group health plan for certain dependent children.''. (c) Internal Revenue Code of 1986.-- (1) In general.--Subchapter B of chapter 100 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 9826. PARENTAL CHOICE OF PRIMARY HEALTH INSURANCE COVERAGE OR PRIMARY COVERAGE UNDER A GROUP HEALTH PLAN FOR CERTAIN DEPENDENT CHILDREN. ``(a) In General.--In the case of a dependent child of two individuals where both such individuals, at the time of birth of such child, are covered under separate policies of health insurance coverage offered by a health insurance issuer or separate group health plans, if both such policies of health insurance coverage or plans (as applicable) would provide coverage of such child, such group health plan shall provide primary coverage of such child if both such individuals submit to such plan, within 60 days of the birth of such child and in a manner specified by the Secretary, a notification electing primary coverage of such child under such plan. Such primary coverage of such child under such group health plan shall continue until the earlier of the following: ``(1) A submission of a notification, in a manner specified by the Secretary, by both such individuals to such plan electing to discontinue such primary coverage for such child. ``(2) The loss of coverage under such plan of such individual who is enrolled under such plan. ``(b) Election of Primary Coverage With Respect to Single Coverage or Plan.--The provisions of subsection (a) shall not apply if both individuals described in such paragraph submit notifications for a child with respect to multiple policies of health insurance coverage or group health plans.''. (2) Technical amendment.--The table of sections for such subchapter is amended by adding at the end the following new item: ``Sec. 9826. Parental choice of primary health insurance coverage or primary coverage under a group health plan for certain dependent children.''. (d) Effective Date.--The amendments made by this section shall apply with respect to children born on or after January 1, 2022. <all>

Empowering Parents’ Healthcare Choices Act of 2021

To amend title XXVII of the Public Health Service Act, the Employee Retirement Income Security Act of 1974, and the Internal Revenue Code of 1986 to allow parental choice in the selection of primary health insurance coverage or primary coverage under a group health plan for certain dependent children.

Empowering Parents’ Healthcare Choices Act of 2021

Rep. Davids, Sharice

D

KS

H.R.7293

Energy

Energy Permitting Certainty Act This bill requires the Department of the Interior to process applications for permits to drill under a valid oil or gas lease even if there are any pending civil actions, provided that the civil actions do not directly affect or involve the application or underlying lease.

To amend the Mineral Leasing Act to require the Secretary of the Interior to process applications for a permit to drill, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Energy Permitting Certainty Act''. SEC. 2. PROCESSING APPLICATIONS FOR PERMITS TO DRILL. Section 17(p) of the Mineral Leasing Act (30 U.S.C. 226(p)) is amended by adding at the end the following: ``(4) Effect of pending civil action on processing applications for permits to drill.--Pursuant to the requirements of paragraph (2), notwithstanding the existence of any pending civil actions which do not directly affect or involve the application or related lease, the Secretary shall process an application for a permit to drill under a valid existing lease, unless a United States Federal court has determined that the lease was not issued in compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).''. <all>

Energy Permitting Certainty Act

To amend the Mineral Leasing Act to require the Secretary of the Interior to process applications for a permit to drill, and for other purposes.

Energy Permitting Certainty Act

Rep. Herrell, Yvette

R

NM

S.2504

Health

Exercise and Fitness for All Act of 2021 This bill requires the Architectural and Transportation Barriers Compliance Board (Access Board) to develop guidelines for exercise or fitness service providers regarding the provision of accessible exercise or fitness equipment. The Access Board must subsequently promulgate regulations, consistent with the guidelines, requiring that exercise or fitness classes and instruction provided by fitness providers are accessible to people with disabilities. The regulations also must require that each provider make at least one employee available to assist people with disabilities with using the accessible exercise or fitness equipment.

To promote the provision of exercise or fitness equipment, and exercise or fitness classes and instruction, that are accessible to individuals with disabilities. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Exercise and Fitness for All Act of 2021''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) Individuals with disabilities can maintain and improve their health through appropriate physical activity. (2) In the 2018 Physical Activity Guidelines for Americans (referred to in this section as the ``Guidelines''), the Department of Health and Human Services recommends that individuals with disabilities, who are able, participate in regular aerobic activity. (3) The Guidelines also recommend that adults with disabilities, who are able, do muscle strengthening activities of moderate or high intensity on 2 or more days a week, as these activities provide additional health benefits. (4) The Guidelines recommend that when adults with disabilities are not able to meet the Guidelines, they should engage in regular physical activity according to their abilities and avoid inactivity. (5) Physical inactivity by adults with disabilities can lead to increased risk for functional limitations and secondary health conditions. (6) Many individuals with disabilities are unable to engage in the exercises or fitness activities recommended in the Guidelines due to the failure of exercise or fitness service providers to provide accessible exercise or fitness equipment. (7) The failure to provide accessible exercise or fitness equipment constitutes discrimination in violation of the Americans with Disabilities Act of 1990 (referred to in this section as the ``ADA''). (b) Purpose.--The purpose of this Act is-- (1) to carry out the ADA's objectives of providing ``a clear and comprehensive national mandate for the elimination of discrimination'' and ``clear, strong, consistent, enforceable standards addressing discrimination''; and (2) specifically, to carry out those objectives by issuing guidelines and regulations for exercise or fitness service providers specifying the accessible exercise or fitness equipment, and the accessible exercise or fitness classes and instruction, necessary to ensure that individuals with disabilities can-- (A) obtain the benefits of physical activity; and (B) fully participate in the services offered by exercise or fitness service providers. SEC. 3. DEFINITIONS. In this Act: (1) Access board.--The term ``Access Board'' means the Architectural and Transportation Barriers Compliance Board established under section 502 of the Rehabilitation Act of 1973 (29 U.S.C. 792). (2) Accessible exercise or fitness equipment.--The term ``accessible exercise or fitness equipment''-- (A) means exercise or fitness equipment that is accessible to, and can be independently used and operated by, individuals with disabilities; and (B) includes equipment that complies with-- (i) the American Society for Testing and Materials (referred to in this section as ``ASTM'') Standard Specification for Universal Design of Fitness Equipment for Inclusive Use by Persons with Functional Limitations and Impairments, ASTM F3021-17 (or any corresponding similar ASTM standard); and (ii) other ASTM standards with specifications for inclusive use of specific exercise or fitness equipment, such as bicycles or strength equipment. (3) Exercise or fitness equipment.--The term ``exercise or fitness equipment'' means devices such as motorized treadmills, stair climbers or step machines, stationary bicycles, rowing machines, weight machines, circuit training equipment, cardiovascular equipment, strength equipment, or other similar equipment. (4) Exercise or fitness service provider.--The term ``exercise or fitness service provider''-- (A) means an entity that-- (i) provides exercise or fitness equipment, or exercise or fitness classes or instruction, for the use of patrons; and (ii) is considered a public accommodation under section 301 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12181) or is considered a public entity under section 201 of such Act (42 U.S.C. 12131); and (B) includes a stand-alone exercise or fitness center and an exercise or fitness center within an entity such as a hotel, retirement community, gymnasium, elementary or secondary school, or institution of higher education. (5) Individual with a disability.--The term ``individual with a disability'' means any person with a disability as defined in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102). SEC. 4. EXERCISE AND FITNESS ACCESSIBILITY GUIDELINES AND REGULATIONS. (a) Establishment of Guidelines.--Not later than 18 months after the date of enactment of this Act, the Access Board shall develop and publish guidelines for exercise or fitness service providers regarding the provision of accessible exercise or fitness equipment. (b) Contents of Guidelines.--The guidelines described in subsection (a) shall ensure that the appropriate number of items and types of accessible exercise or fitness equipment are provided by an exercise or fitness service provider. (c) Review and Amendment.--The Access Board shall periodically review and, as appropriate, amend the guidelines, and shall issue the resulting guidelines as revised guidelines. (d) Regulations.-- (1) In general.--Not later than 18 months after the Access Board issues guidelines under this section, the Department of Justice shall issue regulations regarding the provision of accessible exercise or fitness equipment and accessibility of exercise or fitness classes and instruction. (2) Equipment.--With respect to the provision of exercise or fitness equipment, the regulations shall be consistent with the Access Board guidelines. (3) Exercise or fitness classes and instruction.--The regulations shall-- (A) ensure that exercise or fitness classes and instruction offered by the service provider are accessible to individuals with disabilities; and (B) ensure that the service provider makes available at least one employee who is able to assist individuals with disabilities in their use of accessible exercise or fitness equipment. (4) Considerations.--In issuing the regulations, the Department of Justice shall take into consideration each of the following: (A) Whether the exercise or fitness service provider is providing equipment, classes, or instruction at a new or existing facility. (B) The size of the exercise or fitness facility. (C) The availability of closed captioning of video programming displayed on equipment or a television provided by the exercise or fitness service provider. <all>

Exercise and Fitness for All Act of 2021

A bill to promote the provision of exercise or fitness equipment, and exercise or fitness classes and instruction, that are accessible to individuals with disabilities.

Exercise and Fitness for All Act of 2021

Sen. Duckworth, Tammy

D

IL

S.2046

Social Welfare

Community-Based Response Act of 2021 This bill establishes a program to assist communities with implementing alternative emergency response models in vulnerable populations to resolve crisis situations that may not require a law enforcement response or situations in which a law enforcement response may increase the risk of harm. Specifically, Administration for Community Living, in consultation with the Department of Housing and Urban Development and the Department of Justice, must award grants to eligible partnerships to establish or expand these models. The partnerships must consist of a unit of local or tribal government that is independent of law enforcement agencies and a nonprofit, community-based organization or consortium of such organizations. The partnerships may also include other entities, such as nonprofit or public institutions of higher education and behavioral health organizations. A partnership may use grant funds for a variety of purposes, such as triaging 9-1-1 calls to refer certain emergencies to entities other than law enforcement. In awarding these grants, the administration must prioritize partnerships that include community-based organizations that have a record of effectively serving, and are led by members of, vulnerable populations.

To provide for a Community-Based Emergency and Non-Emergency Response Grant 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 ``Community-Based Response Act of 2021''. SEC. 2. PURPOSES. The purposes of this Act are-- (1) to provide an additional option beyond law enforcement for community-based emergency and non-emergency response for covered populations in need of help or support, in order to-- (A) target the best professional intervention to an individual in need of help or support; and (B) avoid escalation of a crisis situation-- (i) that may not require a response from law enforcement; and (ii) to which a law enforcement response can create increased risk of harm; and (2) establishing a grant program to provide that additional response option by awarding funding to partnerships described in section 5(a). SEC. 3. DEFINITIONS. In this Act: (1) Community mental health center.--The term ``community mental health center'' has the meaning given the term in section 1861 of the Social Security Act (42 U.S.C. 1395x). (2) Covered community-based organization.--The term ``covered community-based organization'' means an organization that meets the requirements of section 5(b). (3) Covered population.--The term ``covered population'' means-- (A) individuals who are racial or ethnic minorities or members of an Indian tribe; (B) immigrants, including undocumented immigrants, immigrants who have recently entered the United States, and refugees; (C) individuals with limited English proficiency, meaning their primary language for communication is not English and communication with emergency responders may be difficult; (D) individuals who are age 60 or older and determined to be likely to be-- (i) vulnerable to abuse; or (ii) experiencing health challenges; (E) people with disabilities, as defined in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102); (F) people in the LGBTQIA+ community; (G) people who are likely to face disproportionate or discriminatory law enforcement contact; (H) people who are or were involved in the criminal justice system; (I) homeless persons, as defined in section 103 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302); (J) people facing or with a history of mental or behavioral health crises or who need check-ins for health, safety, or substance use disorder reasons; (K) people experiencing family violence or domestic violence under the laws of the jurisdiction involved, or dating violence; (L) victims of child abuse and children exposed to violence; (M) people who are likely to be engaged in or to experience violence in the community; (N) people with, or recovering from, a substance use disorder; (O) current and former foster youth; (P) youth who are or were involved in the juvenile justice system; (Q) victims of conduct described in section 1591 or 2251 of title 18, United States Code; (R) people who engage in acts defined in paragraph (4) of section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102); (S) adult survivors of sexual assault, as defined under the laws of the jurisdiction involved; (T) victims of trafficking, as defined in section 103 of the Trafficking Victims Protection Act of 2000; (U) out-of-school youth; and (V) people in an acute crisis not covered under subparagraphs (A) through (U). (4) Dating violence.--The term ``dating violence'' has the meaning given the term in section 40002(a) of the Violence Against Women Act of 1994 (34 U.S.C. 12291(a)). (5) Immigration terms.-- (A) Immigrant.--The term ``immigrant'' means an alien who has entered the United States. (B) Undocumented immigrant.--The term ``undocumented immigrant'' means an alien who is unlawfully present in the United States. (6) Indian tribe; tribal organization.--The terms ``Indian tribe'' and ``tribal organization'' have the meanings given the terms in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304). (7) Institution of higher education.--The term ``institution of higher education'' means-- (A) such an institution as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001); and (B) a tribally controlled college or university as defined in section 2 of the Tribally Controlled Colleges and Universities Assistance Act of 1978 (25 U.S.C. 1801). (8) Out-of-school youth.--The term ``out-of-school youth'' means an individual who is-- (A) not attending any school (as defined under State law); (B) not younger than age 16 or older than age 24; and (C) one or more of the following: (i) A young person who has dropped out of school. (ii) A youth who is within the age of compulsory school attendance, but has not attended school for at least the most recent complete school year calendar quarter. (iii) A recipient of a secondary school diploma or its recognized equivalent who is a low-income individual and is either basic skills deficient or an English language learner (as such 3 terms are defined in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102)). (iv) An individual who is subject to the criminal justice system. (v) An individual who experiences homelessness, a homeless child or youth, or a runaway. (vi) An individual-- (I) who is in foster care, who has aged out of the foster care system, or who has attained 16 years of age and left foster care for kinship guardianship or adoption; (II) who is a child eligible for assistance under section 477 of the Social Security Act (42 U.S.C. 677); or (III) who is a child in an out-of- home placement. (vii) An individual who is pregnant or parenting. (viii) An individual with a disability (as defined in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102)). (ix) A low-income individual (as defined in that section 3) who requires additional assistance to enter or complete an educational program or to secure or hold employment. (9) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services, acting through the Administrator of the Administration for Community Living and in consultation with the Assistant Secretary for Mental Health and Substance Use, the Secretary of Housing and Urban Development, and the Attorney General. (10) Substance use disorder.--The term ``substance use disorder'' means such a disorder within the meaning of title V of the Public Health Service Act (42 U.S.C. 290aa et seq.). SEC. 4. ESTABLISHMENT OF GRANT PROGRAM. The Secretary shall establish a Community-Based Emergency and Non- Emergency Response Grant Program to improve community-based emergency and non-emergency response for public safety and problem solving, and to promote the safety and well-being of the populations and communities served under the program by-- (1) identifying eligible organizations with demonstrated capacity for emergency and non-emergency response work, including violence interruption, community mediation, and crisis behavioral health response, who are capable of providing, and increasing the capacity of the localities to provide, emergency and non-emergency response for specified covered populations; (2) developing a local infrastructure of systems and resources needed to develop, implement, and sustain effective interventions to protect the mental and physical well-being of members of the community, prevent violence, de-escalate volatile situations, ensure access to human services, protect property and the environment, reduce law enforcement use of force, and ensure the health and safety of communities, while decreasing the sole reliance on law enforcement for emergency and non-emergency situations; (3) creating and strengthening formal and informal partnerships, for such purposes as providing solutions and committing resources to sustain and scale up successful models of community-based emergency and non-emergency response; and (4) providing timely evaluation to clarify the outcomes and costs of the program, and the new interventions and service models provided through the program, for service recipients and law enforcement. SEC. 5. ELIGIBLE PARTNERSHIPS. (a) In General.--To be eligible to receive a grant under this title Act, an entity shall be a partnership of-- (1)(A) a unit of local government (or its contractor), or Indian tribe or tribal organization, acting through an entity that is independent of any law enforcement agency; and (B) a covered community-based organization; and (2) if applicable, a nonprofit or public institution of higher education, community mental health center, or behavioral health organization. (b) Community-Based Organization.--A community-based organization referred to in subsection (a)(1) shall be a nonprofit community-based organization, a consortium of nonprofit community-based organizations, a national nonprofit organization acting as an intermediary for a community-based organization, or a community-based organization that has a fiscal sponsor that allows the organization to function as an organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of that Code. SEC. 6. PLANNING GRANTS. (a) In General.--In carrying out the Program, the Secretary shall use not more than 10 percent of the amount appropriated under section 13(1) to make planning grants to eligible partnerships to engage, with meaningful participation from the covered populations and covered community-based organizations involved, in comprehensive design of a community response plan, in order to prepare a high-quality application for an initiation grant. (b) Application.--To be eligible to receive a planning grant under this section, an eligible partnership shall submit to the Secretary a planning application at such time, in such manner, and containing such information as the Secretary may require, including information on-- (1) the covered populations that will be consulted through the planning process; (2) how the partnership will engage entities that are led by the covered populations; and (3) how the partnership will solicit and confirm support from covered populations and community stakeholders in the plan. SEC. 7. INITIATION AND CONTINUATION GRANTS. (a) Initiation Grants.--In carrying out the Program, the Secretary shall make initiation grants to not fewer than 40 eligible partnerships, including not fewer than 4 eligible partnerships that include Indian tribes or tribal organizations, of which not fewer than 2 shall be eligible partnerships led by an Indian tribe or tribal organization, to carry out projects to meet the objectives described in subsection (a). The Secretary shall make the grants for periods of 5 years. The Secretary shall make the grants to partnerships in geographically diverse areas, including urban and rural communities, and in communities with varying population sizes. (b) Continuation Grants.-- (1) In general.--In carrying out the Program, the Secretary shall make continuation grants to eligible partnerships who are recipients of the initiation grants and who are determined by the Secretary to be in good standing on completion of the grant period for those grants, to pay for the Federal share of the cost of carrying out projects to meet the objectives described in subsection (a). The Secretary shall make the continuation grants for periods of 2 years. (2) Non-federal share.--The non-Federal share of the costs described in this subsection shall be 25 percent. The eligible partnership receiving such a continuation grant shall provide the non-Federal share from State, tribal, local, or private sources. SEC. 8. INITIATION AND CONTINUATION GRANT APPLICATIONS. (a) In General.--To be eligible to receive an initiation or continuation grant under section 7 for a project, a partnership shall submit an application (which, for a continuation grant, shall be an update of the partnership's initiation grant application) to the Secretary, at such time, in such manner, and containing such information as the Secretary may require, including-- (1) information that specifies in detail-- (A) the covered populations that the partnership will target for services under this Act; (B) the experience of the members of the partnership in successfully working in the community to be served and partnering with the target populations, including-- (i) for a partnership that includes an Indian tribe or tribal organization, an understanding of tribal sovereignty; and (ii) for a partnership not described in clause (i), the partnership's understanding of racial equity, systems of oppression, and the impact of structural racism on the community and population to be served, the partnership's commitment to promoting anti-racism, anti-bias, and equity, dismantling such systems, and reducing such impact, and an established record of accomplishment in improving outcomes or preventing, reducing, or eliminating inequities in that community; (C) how the grant funds will be used; (D) the expertise of the partnership, including its staff, in implementing the project to provide the proposed services; (E) how the partnership will implement or develop practices with clear methods of evaluation, including development of culturally informed practices, in carrying out the project, including references to applicable research or demonstrated practices; and (F) the partnership's plan for gathering feedback from service recipients about the quality of the services, including contacts and resources, provided through the project; and (2) a memorandum of understanding that-- (A) identifies each partner (including each agency of the unit of local government or Indian tribe or tribal organization, as applicable, involved) and is signed by a representative of each partner in the partnership carrying out the project; and (B) outlines-- (i) the partnership's engagement with the community, including members of the covered population, and the role the engagement played in developing the project; (ii) the financial and programmatic commitment of each partner, and the specific role of a law enforcement agency if involved in a backup role; (iii) the responsibilities of emergency dispatch operators, dispatchers, and partners in the national 911 system, in properly identifying calls in the community to be served necessitating a community-based emergency and non-emergency response and directing those calls to appropriate responders; (iv) the responsibilities of information and referral systems for essential community services (accessed in most localities by dialing 211) and the National Suicide Prevention Hotline (to be accessed by dialing 988) for participating in efficiently routing direct callers to services; (v) the responsibilities of each partner with respect to data collection and evaluation; (vi) how each partner's existing (as of the date of submission of the application) vision, theory of change, theory of action, anti-racist and anti-bias practice, and activities align with those of the grant program set forth in this Act; (vii) the governance structure proposed for the project, including a system for holding partners accountable; (viii) how the eligible partners' governing boards or advisory boards, and emergency responders, are representative of the community to be served; (ix) how a structure through which residents of the community and grassroots organizations will have an active role in the eligible partnership's decision making; (x) how the partnership anticipates that the project involved will decrease the responsibilities of local law enforcement, including responsibilities related to policing, arrests, and incarceration, and of other public safety entities; (xi) any voluntary, community-based mental health services and other support services that the partnership is committing to provide; (xii) any State or local laws that may be an impediment to implementation of the project; and (xiii) any other information the Secretary reasonably determines to be necessary. (b) Priority.--In making initiation and continuation grants under section 7, the Secretary shall give priority to-- (1) eligible partnerships that include covered community- based organizations with a documented record of effectively serving 1 or more covered populations; (2) eligible partnerships that include covered community- based organizations that are led by individuals who are members of the covered populations to be served; (3) eligible partnerships that include a unit of local government that commits to increasing resources for community- based mental health services and housing, with the goals of-- (A) reducing the incarceration and death of persons with a mental illness or an intellectual or developmental disability; and (B) increasing referrals of persons with a mental illness or an intellectual or developmental disability to voluntary, community-based mental health services and other support services (rather than institutionalization); and (4) eligible partnerships that have successfully executed planning under a planning grant. (c) Consideration.--In reviewing applications for grants described in section 7, the Secretary shall consider applications with innovative proposals and clear methods of evaluation. SEC. 9. USE OF FUNDS. (a) In General.--An eligible partnership that receives a grant under section 7 for a project may use the grant funds for-- (1) project planning and community engagement; (2) project implementation; (3) staffing and recruitment; (4) facilities; (5) operational costs, including costs of startup or expansion activities, marketing, language translation, and transportation; (6) engagement with technical assistance providers; (7) consulting services; (8) training; (9) program and project evaluation, including evaluation of program and project efficacy, staff performance, and service delivery; (10) programming and service interventions that include-- (A) activities that prioritize human service interventions, by entities other than law enforcement, over interventions by law enforcement; or (B) activities that include triaging emergencies, through emergency dispatch operators, in a manner that results in referral to a wholly nonpolice entity; and (11) programming and service interventions that may include-- (A) activities that include co-occurring law enforcement and human services activities, such as responses to calls about dating violence; (B) activities that include followup by human services organizations after contact by law enforcement, such as community mediation, social services, or behavioral health services; (C) training for emergency dispatch operators; and (D) training for community members, or family members of people requiring emergency or non-emergency response, to facilitate comprehensive and clear communication with emergency dispatch operators to ensure that necessary information is conveyed about when an intervention by a nonpolice human services organization is the most appropriate response. (b) Funding Limitation.--None of the grant funds provided under section 7 shall be provided to State, tribal, or local law enforcement agencies. SEC. 10. TECHNICAL ASSISTANCE. The Secretary shall arrange for a national technical assistance provider for organizations described in section 5, to provide technical assistance support and develop and disseminate best practices for projects carried out under this Act. SEC. 11. ANNUAL REPORTING REQUIREMENTS. Each recipient of a grant under section 7 for a project is required to submit an annual report to the Secretary that details-- (1) the specific uses of the grant funds; (2) the number of individuals contacted through the project; (3) the number of individuals connected with ongoing services or resources through the project, disaggregated by race, ethnicity, gender, sexual orientation and gender identity, disability status, and other characteristics; (4) the quality of the contacts, services, and resources, as reported by the individuals contacted; (5) any evidence of positive outcomes following the contacts or connections; (6) any evidence of negative outcomes that may have occurred following the contacts or connections; (7) the percentage of total emergency calls diverted from law enforcement to the grant recipient; (8) the percentage of emergency calls diverted to the grant recipient that have been addressed; (9) the extent to which the grant recipient is hiring or training individuals from within the covered population, and the recruitment, hiring, training, and retention practices for such individuals; (10) any related reduction in the number of calls to law enforcement over the period of the project; (11) any changes in the types of calls made to the 911 system, to the extent that it is practicable to report information on such changes; (12) any increases in the number of calls to the 211 (or equivalent) systems for essential non-emergency community services or calls to the 988 National Suicide Prevention Hotline over the period of the project; (13) any related reduction in the budget of the law enforcement agency that has jurisdiction over the community served by the eligible partnership over that period; (14) any State or local laws that were an impediment to implementation of the project; and (15) any evidence of completed in-home, teletherapy, or in- community responses that included counseling, crisis response, family treatment, mediation, or other evidence-based interventions that addressed complex needs not able to be resolved by non-emergency calls alone. SEC. 12. EVALUATION AND REPORT. Not later than October 1, 2027, the Secretary shall-- (1) complete an evaluation detailing the implementation of, outcomes of, and best practices from the grant program carried out under this Act, including program-wide information on the factors described in paragraphs (2) through (15) of section 11; and (2) submit to Congress a report containing the evaluation. SEC. 13. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated-- (1) to carry out planning and initiation grants under this Act, $100,000,000 for each of fiscal years 2022 through 2026; and (2) to carry out continuation grants under this Act, $75,000,000 for each of fiscal years 2027 and 2028. <all>

Community-Based Response Act of 2021

A bill to provide for a Community-Based Emergency and Non-Emergency Response Grant Program.

Community-Based Response Act of 2021

Sen. Van Hollen, Chris

D

MD

H.R.5829

Health

COVID-19 Individual Liberty Act of 2021 This bill nullifies executive orders and otherwise limits the authority of the federal government and federally funded entities to mandate COVID-19 vaccines and other prevention measures. Specifically, the bill nullifies two executive orders issued on September 9, 2021, which (1) mandate COVID-19 vaccines for federal employees, and (2) require federal contractors to comply with workplace safety guidance for preventing COVID-19. In addition, the bill bars the use of federal funds for implementing or enforcing a COVID-19 vaccine mandate, including employer-based mandates. The bill also prohibits requiring, as a condition of participation in Medicare or Medicaid, that health care providers mandate COVID-19 vaccinations for their employees. Furthermore, the federal government may not (1) issue any standardized documentation that certifies an individual's COVID-19 vaccination status to a third party, or (2) condition the provision of any service or benefit on the receipt of documentation certifying an individual's COVID-19 vaccination status or post-transmission recovery. These prohibitions apply to state, tribal, and local governments (excluding schools and institutions of higher education) as a condition of receiving federal COVID-19 relief funds. The bill also requires the Department of Health and Human Services to publish guidelines on the extent to which natural immunity to COVID-19 prevents contracting or spreading the disease.

To prohibit federally funded COVID-19 vaccine mandates, and for other purposes. Be it enacted by the Senate 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 Individual Liberty Act of 2021''. SEC. 2. TABLE OF CONTENTS. The table of contents of this Act: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. Vaccine mandate for Federal contractors and subcontractors. Sec. 4. Nullification of vaccine mandate for executive branch employees. Sec. 5. No Federal funding for COVID-19 vaccine mandates. Sec. 6. Prohibition on implementation of COVID-19 vaccination mandate under the Medicare and Medicaid programs. Sec. 7. Guidelines on natural immunity as a suitable alternative to being fully vaccinated. Sec. 8. Prohibition against Federal issuance of, or discrimination based on vaccine passports. SEC. 3. VACCINE MANDATE FOR FEDERAL CONTRACTORS AND SUBCONTRACTORS. (a) In General.--Executive Order 14042 (86 Fed. Reg. 50985; relating to ensuring adequate COVID safety protocols for Federal contractors) shall have no force or effect. (b) Effective Date.--This section shall take effect as if enacted on September 9, 2021. SEC. 4. NULLIFICATION OF VACCINE MANDATE FOR EXECUTIVE BRANCH EMPLOYEES. (a) In General.--Executive Order 14043 (86 Fed. Reg. 50989; relating to requiring coronavirus disease 2019 vaccination for Federal employees) shall have no force or effect. (b) Effective Date.--This section shall take effect as if enacted on September 14, 2021. SEC. 5. NO FEDERAL FUNDING FOR COVID-19 VACCINE MANDATES. (a) In General.--No Federal funds may be used to implement or enforce (including through promulgation of any rule) a COVID-19 vaccine mandate. (b) Definitions.--In this section: (1) COVID-19 vaccine.--The term ``COVID-19 vaccine'' means an immunization that is intended to prevent or mitigate COVID- 19. (2) COVID-19 vaccine mandate.--The term ``COVID-19 vaccine mandate'' means any requirement that an individual receive a COVID-19 vaccine, including-- (A) any such requirement as a condition on becoming or remaining a Federal employee, contractor, or subcontractor; or (B) any requirement that a non-Federal employer require an employee, contractor, or subcontractor thereof to receive a COVID-19 vaccine. (3) Non-federal employer.--The term ``non-Federal employer''-- (A) means any person (other than the Federal Government) engaged in a business in or affecting interstate commerce; and (B) includes a State or political subdivision of a State to the extent it is engaged in such a business. SEC. 6. PROHIBITION ON IMPLEMENTATION OF COVID-19 VACCINATION MANDATE UNDER THE MEDICARE AND MEDICAID PROGRAMS. Notwithstanding any provision of title XI, XVIII, or XIX of the Social Security Act (42 U.S.C. 1301 et seq., 1395 et seq., 1396 et seq.), the Secretary of Health and Human Services may not-- (1) require a health care provider, as a condition of participation in the Medicare or Medicaid program, to mandate vaccination of employees against COVID-19; or (2) otherwise penalize such a provider for such provider's failure to so mandate such vaccination. SEC. 7. GUIDELINES ON NATURAL IMMUNITY AS A SUITABLE ALTERNATIVE TO BEING FULLY VACCINATED. Not later than 90 days after the date of enactment of this Act, the Secretary of Health and Human Services shall publish guidelines on the extent to which natural immunity provides protection from contracting or spreading COVID-19 that is at least equivalent to the immunity provided by vaccination. SEC. 8. PROHIBITION AGAINST FEDERAL ISSUANCE OF, OR DISCRIMINATION BASED ON VACCINE PASSPORTS. (a) Federal Government.--The Federal Government shall not-- (1) issue any vaccine passport; or (2) discriminate against any person by requiring documentation certifying COVID-19 vaccination, or post- transmission recovery, as a condition on the provision of any service or benefit. (b) State, Tribal, and Local Governments.-- (1) Prohibition.--As a condition on receipt of any Federal funds made available by or under any of the Acts listed in paragraph (2), no State, Tribal, or local government shall-- (A) issue any vaccine passport; or (B) discriminate against any person by requiring documentation certifying COVID-19 vaccination, or post- transmission recovery, as a condition on the provision of any service or benefit. (2) Specified acts.--The Acts listed in this paragraph are the following: (A) The Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020 (Public Law 116- 123). (B) The Families First Coronavirus Response Act (Public Law 116-127). (C) The CARES Act (Public Law 116-136). (D) The Paycheck Protection Program and Health Care Enhancement Act (Public Law 116-139). (E) The American Rescue Plan Act of 2021 (Public Law 117-2). (3) Exception.--Paragraph (1) does not apply with respect to a school, including any kindergarten, elementary school, secondary school, and institution of higher education. (c) Definition.--In this section, the term ``vaccine passport''-- (1) means any standardized documentation for the purpose of certifying an individual's COVID-19 vaccination status to a third party; and (2) excludes any documentation to the extent it is issued for the purpose of health care records. <all>

COVID–19 Individual Liberty Act of 2021

To prohibit federally funded COVID-19 vaccine mandates, and for other purposes.

COVID–19 Individual Liberty Act of 2021

Rep. Timmons, William R. IV

R

SC

H.R.5414

Health

Ensuring Medicaid Continuity for Children in Foster Care Act of 2021 This bill allows states to receive federal Medicaid payment for services provided to foster care children in qualified residential treatment programs (i.e., programs with trauma-informed treatment models that address the needs of children with serious emotional or behavioral disorders or disturbances).

To amend title XIX of the Social Security Act to ensure that children in foster care who are placed in a qualified residential treatment program are eligible for Medicaid. Be it enacted by the Senate 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 Medicaid Continuity for Children in Foster Care Act of 2021''. SEC. 2. EXEMPTION OF CHILDREN IN FOSTER CARE WHO ARE PLACED IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM FROM THE MEDICAID IMD EXCLUSION. (a) In General.--Section 1905(a)(31)(B) of the Social Security Act (42 U.S.C. 1396d(a)(31)(B)) is amended by inserting ``and services provided to any individual who is a child in foster care under the responsibility of a State who has been placed in a child care institution that is a qualified residential treatment program (as defined in section 472(k)(4)), without regard to whether payments are made on behalf of such child under section 472'' after ``section 1915(l)''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on October 1, 2021, and shall apply with respect to items and services furnished in calendar quarters beginning on or after that date. <all>

Ensuring Medicaid Continuity for Children in Foster Care Act of 2021

To amend title XIX of the Social Security Act to ensure that children in foster care who are placed in a qualified residential treatment program are eligible for Medicaid.

Ensuring Medicaid Continuity for Children in Foster Care Act of 2021

Rep. Bilirakis, Gus M.

R

FL

H.R.70

Health

Securing America's Medicine Cabinet Act of 2021 This bill encourages the development and approval of advanced pharmaceutical manufacturing technologies and designates certain university research centers to assist in developing such technologies. The Food and Drug Administration (FDA) must continue to evaluate and approve new drug manufacturing technologies included in an application for drug approval and expedite the development and implementation of such technologies. The FDA must designate such a technology as an advanced manufacturing technology if it is likely to (1) prevent or resolve a drug shortage, (2) maintain an adequate supply of critical medications for national emergencies, or (3) promote the adoption of innovative approaches to drug design and manufacturing. The sponsor of such a designated technology must provide the FDA with certain related scientific evidence. After receiving this evidence, if the FDA validates the technology for a proposed use, then the sponsor may use the validated technology across multiple manufacturing product lines within the same use context without obtaining additional FDA validation. The FDA must designate certain institutions of higher education as National Centers of Excellence in Advanced Pharmaceutical Manufacturing. Among other requirements, such centers must demonstrate the ability to provide federal agencies with technical assistance and to train a future workforce in such technologies.

To support the advanced manufacturing technologies program of the Food and Drug Administration, to establish National Centers of Excellence in Advanced Pharmaceutical Manufacturing, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Securing America's Medicine Cabinet Act of 2021''. SEC. 2. ADVANCED MANUFACTURING TECHNOLOGIES PROGRAM. Subchapter A of chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351 et seq.) is amended by adding at the end the following: ``SEC. 524B. ADVANCED MANUFACTURING TECHNOLOGIES PROGRAM. ``(a) In General.--Not later than 1 year after the date of enactment of the Securing America's Medicine Cabinet Act of 2021, the Secretary shall continue in effect the program to evaluate and approve new drug manufacturing technologies that are included in an application, or supplement to an application, for a drug under subsection (b) or (j) of section 505 of this Act or for a biological product submitted under subsection (a) or (k) of section 351 of the Public Health Service Act. ``(b) Designation.--The Secretary shall designate a method of manufacturing a drug as an advanced manufacturing technology under this section if the drug manufacturer demonstrates that such technology is likely to-- ``(1) prevent or resolve a drug shortage; ``(2) maintain an adequate supply of critical medications for national emergencies; or ``(3) promote the adoption of innovative approaches to drug product design and manufacturing. ``(c) Consultation.--If the Secretary designates a method of manufacturing as an advanced manufacturing technology under this section, the Secretary shall take actions to expedite the development and implementation of such method of manufacture for purposes of approval of the application under subsection (c) or (j) of section 505 of this Act or subsection (a) or (k) of section 351 of the Public Health Service Act, which may include, as appropriate-- ``(1) holding meetings between the sponsor of the application and appropriate Food and Drug Administration staff throughout the development of the technology; ``(2) providing timely advice to, and interactive communication with, the sponsor regarding the development of the technology; and ``(3) involving senior managers and experienced staff of the Food and Drug Administration, as appropriate, in a collaborative, cross-disciplinary review of the method of manufacturing. ``(d) Evaluation of an Advanced Manufacturing Technology.-- ``(1) Package.--A sponsor who receives designation of an advanced manufacturing technology under this section shall provide the Secretary with a package of scientific evidence supporting the implementation of the advanced manufacturing technology in a particular context-of-use. ``(2) Evaluation.--Within 90 days of receiving the package, the Secretary shall determine whether a designated advanced manufacturing technology is validated for the proposed context of use based on the scientific merit the supporting evidence provided by the sponsor. ``(3) Effect of approval.--Upon approval, the same sponsor may rely upon the advanced manufacturing technology for use across multiple manufacturing product lines within the same context-of-use without having to re-submit data to the Secretary validating the underlying technology. ``(e) Implementation and Reporting.-- ``(1) Public meeting.--The Secretary shall publish in the Federal Register a notice of a public meeting to be held no later than 1 year after the date of enactment of the Securing America's Medicine Cabinet Act of 2021 to discuss and obtain input and recommendations from stakeholders regarding the goals and scope of, and a suitable framework and procedures and requirements for, the program under this section. ``(2) Program guidance.--The Secretary shall-- ``(A) not later than 1 year after the date of enactment of the Securing America's Medicine Cabinet Act of 2021, issue draft guidance regarding the goals and implementation of the program under this section; and ``(B) not later than 2 years after the date of enactment of the Securing America's Medicine Cabinet Act of 2021, issue final guidance with respect to the implementation of such program. ``(3) Report.--The Secretary shall make available on the internet website of the Food and Drug Administration an annual report on the progress of the program under this section.''. SEC. 3. NATIONAL CENTER OF EXCELLENCE IN ADVANCED PHARMACEUTICAL MANUFACTURING. Chapter X of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 391 et seq.) is amended by adding at the end the following: ``SEC. 1015. NATIONAL CENTER OF EXCELLENCE IN ADVANCED PHARMACEUTICAL MANUFACTURING. ``(a) In General.--The Secretary shall designate institutions of higher education as National Centers of Excellence in Advanced Pharmaceutical Manufacturing, including continuous pharmaceutical manufacturing. ``(b) Eligibility.--To be eligible for designation under subsection (a) an entity shall-- ``(1) be an institution of higher education; ``(2) demonstrate-- ``(A) the physical and technical capacity for research and development of advanced pharmaceutical manufacturing; ``(B) a record of transferring scientific knowledge to the marketplace; ``(C) scalable manufacturing knowledge, which may be through collaborations of other institutions of higher education, biopharmaceutical manufacturers, or other entities; ``(D) the ability to train a future workforce for research on and implementation of advanced pharmaceutical manufacturing; and ``(E) the ability to support Federal agencies with technical assistance for advanced pharmaceutical technologies, with an emphasis on creating a secure national pharmaceutical stockpile and the ability to rapidly address drug shortages; and ``(3) submit an application to the Secretary at such time, in such form, and in such manner as the Secretary may require. ``(c) Termination.--The Secretary may terminate the designation of an entity designated under subsection (a) upon a determination that the entity no longer meets the requirements of subsection (b). ``(d) Annual Report.--Not later than 1 year after the date on which the first designation is made under subsection (a), and annually thereafter, the Secretary shall submit a report to Congress on the activities of the entities designated under such subsection. ``(e) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated $100,000,000 for the period of fiscal years 2022 through 2025.''. <all>

Securing America’s Medicine Cabinet Act of 2021

To support the advanced manufacturing technologies program of the Food and Drug Administration, to establish National Centers of Excellence in Advanced Pharmaceutical Manufacturing, and for other purposes.

Securing America’s Medicine Cabinet Act of 2021

Rep. Buchanan, Vern

R

FL

H.R.6809

Immigration

Terminating Reckless and Unnecessary Checks Known to Erode Regular Shipping Act or the TRUCKERS Act This bill prohibits the Department of Homeland Security from imposing any COVID-19 vaccination requirement on any commercial truck driver who is a national of Canada or Mexico and seeking to temporarily enter the United States for business through a land port of entry.

To exempt commercial truck drivers from Canada or Mexico who are seeking to temporarily enter the United States for business through a land port of entry from any COVID-19 vaccination requirement. 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 ``Terminating Reckless and Unnecessary Checks Known to Erode Regular Shipping Act'' or the ``TRUCKERS Act''. SEC. 2. EXEMPTION FROM COVID-19 VACCINATION REQUIREMENT. Notwithstanding any other provision of law, the Secretary of Homeland Security may not impose any COVID-19 vaccination requirement on any commercial truck driver who is a national of Canada or of Mexico and is seeking to temporarily enter the United States for business through a land port of entry. <all>

TRUCKERS Act

To exempt commercial truck drivers from Canada or Mexico who are seeking to temporarily enter the United States for business through a land port of entry from any COVID-19 vaccination requirement.

TRUCKERS Act Terminating Reckless and Unnecessary Checks Known to Erode Regular Shipping Act

Rep. Gimenez, Carlos A.

R

FL

H.R.1568

International Affairs

Special Drawing Rights Oversight Act of 2021 This bill imposes additional restrictions on the U.S. government's authority to vote on Special Drawing Rights (SDR) allocations at the International Monetary Fund (IMF). (The SDR is an international reserve asset maintained by the IMF based on contributions from IMF member countries. SDRs may be exchanged between member countries and may also be exchanged for currencies.) Under current law, U.S. representatives to the IMF may not vote for SDR allocations to the United States beyond an amount authorized by statute unless Congress authorizes such a vote. This bill further reduces the allocation amount that U.S. representatives to the IMF may vote for without congressional approval. Furthermore, U.S. representatives to the IMF may not vote for SDR allocations to a country if the President finds that the country's government has (1) committed genocide in the last 10 years, or (2) repeatedly supported international terrorism.

To amend the Special Drawing Rights Act in order to strengthen congressional oversight with respect to allocations of Special Drawing Rights by the International Monetary Fund, and to prohibit such allocations for perpetrators of genocide and state sponsors of terrorism without congressional authorization, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Special Drawing Rights Oversight Act of 2021''. SEC. 2. FINDINGS. The Congress finds as follows: (1) The allocation of Special Drawing Rights (SDRs) through the International Monetary Fund (IMF) creates unconditional liquidity for IMF member countries. (2) According to Article XVIII of the Articles of Agreement of the IMF, allocations of SDRs ``shall seek to meet the long- term global need'' in reserve assets. (3) SDRs are allocated in proportion to the quotas of IMF members, such that the G20 alone is entitled to approximately two-thirds of a general allocation. At the same time, the Board of Governors of the Federal Reserve System has swap line arrangements with the central banks of eight G20 members, including the European Central Bank, the Bank of Japan, and the Bank of England, for the purpose of providing sufficient liquidity. (4) The size of SDR allocations has expanded dramatically, rising from 9,300,000,000 SDRs in 1970-1972, to 12,100,000,000 SDRs in 1979-1981, to 204,000,000,000 SDRs in 2009, with proposals for a new, unilateral allocation that bypasses congressional authorization in an amount of approximately 450,000,000,000 SDRs. (5) Under current law, the Secretary of the Treasury is able to bypass Congress and approve an allocation of SDRs in a manner that provides unconditional liquidity in the following approximate amounts: $41,700,000,000 to the People's Republic of China; $17,600,000,000 to the Russian Federation; $4,900,000,000 to the Islamic Republic of Iran, and $5,000,000,000 to Venezuela. In addition, current law permits allocations in these amounts to be made in successive years that span two basic periods. (6) In the 98th Congress, the House of Representatives passed the bipartisan International Recovery and Financial Stability Act, which would have prohibited new allocations of SDRs without congressional authorization. SEC. 3. STRENGTHENING CONGRESSIONAL OVERSIGHT. Section 6 of the Special Drawing Rights Act (22 U.S.C. 286q) is amended-- (1) in subsection (a)-- (A) by striking ``each basic period'' and inserting ``any 10-year period''; and (B) by inserting ``25 percent of'' before ``the United States quota''; and (2) in subsection (b)-- (A) by inserting ``, or consent to or acquiesce in such an allocation,'' before ``without consultations''; (B) by striking ``90'' and inserting ``180''; and (C) by inserting ``Chairman and ranking minority members of'' before ``the appropriate subcommittees''. SEC. 4. PROHIBITION ON ALLOCATIONS FOR PERPETRATORS OF GENOCIDE AND STATE SPONSORS OF TERRORISM WITHOUT CONGRESSIONAL AUTHORIZATION. Section 6(b) of the Special Drawing Rights Act (22 U.S.C. 286q(b)) is amended by adding at the end the following: ``(3) Unless Congress by law authorizes such action, neither the President nor any person or agency shall on behalf of the United States vote to allocate Special Drawing Rights under article XVIII, sections 2 and 3, of the Articles of Agreement of the Fund to a member country of the Fund, if the President of the United States has found that the government of the member country-- ``(A) has committed genocide at any time during the 10-year period ending with the date of the vote; or ``(B) has repeatedly provided support for acts of international terrorism.''. <all>

Special Drawing Rights Oversight Act of 2021

To amend the Special Drawing Rights Act in order to strengthen congressional oversight with respect to allocations of Special Drawing Rights by the International Monetary Fund, and to prohibit such allocations for perpetrators of genocide and state sponsors of terrorism without congressional authorization, and for other purposes.

Special Drawing Rights Oversight Act of 2021

Rep. Hill, J. French

R

AR

H.R.1347

Crime and Law Enforcement

Eric Garner Excessive Use of Force Prevention Act of 2021 This bill modifies the criminal civil rights statute that prohibits the deprivation of rights under color of law. Currently, the second prong of the prohibition bars the application of different punishments, pains, or penalties based on an individual's alien status, color, or race. This bill specifies that the application of any pressure to a person's throat or windpipe, the use of maneuvers that restrict blood or oxygen flow to the brain, or carotid artery restraints that prevent or hinder breathing or reduce intake of air (e.g., a chokehold) constitute a punishment, pain, or penalty.

To amend section 242 of title 18, United States Code, to forbid the use of chokeholds by persons subject to that provision's prohibitions, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Eric Garner Excessive Use of Force Prevention Act of 2021''. SEC. 2. CHOKEHOLDS AS CIVIL RIGHTS VIOLATIONS. Section 242 of title 18, United States Code, is amended by adding at the end the following: ``For the purposes of this section, the application of any pressure to the throat or windpipe, use of maneuvers that restrict blood or oxygen flow to the brain, or carotid artery restraints which prevent or hinder breathing or reduce intake of air is a punishment, pain, or penalty.''. <all>

Eric Garner Excessive Use of Force Prevention Act of 2021

To amend section 242 of title 18, United States Code, to forbid the use of chokeholds by persons subject to that provision's prohibitions, and for other purposes.

Eric Garner Excessive Use of Force Prevention Act of 2021

Rep. Jeffries, Hakeem S.

D

NY

H.R.1163

Crime and Law Enforcement

Federal Police Camera and Accountability Act This bill establishes requirements for federal law enforcement officers to wear body cameras and for federal law enforcement agencies to install video cameras in patrol cars.

To require Federal law enforcement officers to wear body cameras, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Police Camera and Accountability Act''. SEC. 2. REQUIREMENTS FOR FEDERAL LAW ENFORCEMENT OFFICERS REGARDING THE USE OF BODY CAMERAS. (a) Definitions.--In this section: (1) Minor.--The term ``minor'' means any individual under 18 years of age. (2) Subject of the video footage.--The term ``subject of the video footage''-- (A) means any identifiable Federal law enforcement officer or any identifiable suspect, victim, detainee, conversant, injured party, or other similarly situated person who appears on the body camera recording; and (B) does not include people who only incidentally appear on the recording. (3) Video footage.--The term ``video footage'' means any images or audio recorded by a body camera. (4) Facial recognition or other biometric surveillance.-- The term ``facial recognition or other biometric surveillance'' means an automated or semiautomated process that captures or analyzes biometric data of an individual to identify or assist in identifying an individual or an automated or semiautomated process that generates, or assists in generating, surveillance information about an individual based on biometric data. (b) Requirement To Wear Body Camera.-- (1) In general.--Federal law enforcement officers shall wear a body camera. (2) Requirement for body camera.--A body camera required under paragraph (1) shall-- (A) have a field of view at least as broad as the officer's vision; and (B) be worn in a manner that maximizes the camera's ability to capture video footage of the officer's activities. (c) Requirement To Activate.-- (1) In general.--Both the video and audio recording functions of the body camera shall be activated whenever a Federal law enforcement officer is responding to a call for service or at the initiation of any other law enforcement or investigative stop (as such term is defined in section 3) between a Federal law enforcement officer and a member of the public, except that when an immediate threat to the officer's life or safety makes activating the camera impossible or dangerous, the officer shall activate the camera at the first reasonable opportunity to do so. (2) Allowable deactivation.--The body camera shall not be deactivated until the stop has fully concluded and the Federal law enforcement officer leaves the scene. (d) Notification of Subject of Recording.--A Federal law enforcement officer who is wearing a body camera shall notify any subject of the recording that he or she is being recorded by a body camera as close to the inception of the stop as is reasonably possible. (e) Requirements.--Notwithstanding subsection (c), the following shall apply to the use of a body camera: (1) Prior to entering a private residence without a warrant or in non-exigent circumstances, a Federal law enforcement officer shall ask the occupant if the occupant wants the officer to discontinue use of the officer's body camera. If the occupant responds affirmatively, the Federal law enforcement officer shall immediately discontinue use of the body camera. (2) When interacting with an apparent crime victim, a Federal law enforcement officer shall, as soon as practicable, ask the apparent crime victim if the apparent crime victim wants the officer to discontinue use of the officer's body camera. If the apparent crime victim responds affirmatively, the Federal law enforcement officer shall immediately discontinue use of the body camera. (3) When interacting with a person seeking to anonymously report a crime or assist in an ongoing law enforcement investigation, a Federal law enforcement officer shall, as soon as practicable, ask the person seeking to remain anonymous, if the person seeking to remain anonymous wants the officer to discontinue use of the officer's body camera. If the person seeking to remain anonymous responds affirmatively, the Federal law enforcement officer shall immediately discontinue use of the body camera. (f) Recording of Offers To Discontinue Use of Body Camera.--Each offer of a Federal law enforcement officer to discontinue the use of a body camera made pursuant to subsection (e), and the responses thereto, shall be recorded by the body camera prior to discontinuing use of the body camera. (g) Limitations on Use of Body Camera.--Body cameras shall not be used to gather intelligence information based on First Amendment protected speech, associations, or religion, or to record activity that is unrelated to a response to a call for service or a law enforcement or investigative stop between a law enforcement officer and a member of the public, and shall not be equipped with or employ any facial recognition or other biometric surveillance technologies. (h) Exceptions.--Federal law enforcement officers-- (1) shall not be required to use body cameras during investigative or enforcement stops with the public in the case that-- (A) recording would risk the safety of a confidential informant, citizen informant, or undercover officer; (B) recording would pose a serious risk to national security; or (C) the officer is a military police officer, a member of the United States Army Criminal Investigation Command, or a protective detail assigned to a Federal or foreign official while performing his or her duties; and (2) shall not activate a body camera while on the grounds of any public, private, or parochial elementary or secondary school, except when responding to an imminent threat to life or health. (i) Retention of Footage.-- (1) In general.--Body camera video footage shall be retained by the law enforcement agency that employs the officer whose camera captured the footage, or an authorized agent thereof, for 6 months after the date it was recorded, after which time such footage shall be permanently deleted. (2) Right to inspect.--During the 6-month retention period described in paragraph (1), the following persons shall have the right to inspect the body camera footage: (A) Any person who is a subject of body camera video footage, and their designated legal counsel. (B) A parent or legal guardian of a minor subject of body camera video footage, and their designated legal counsel. (C) The spouse, next of kin, or legally authorized designee of a deceased subject of body camera video footage, and their designated legal counsel. (D) A Federal law enforcement officer whose body camera recorded the video footage, and their designated legal counsel, subject to the limitations and restrictions in this part. (E) The superior officer of a Federal law enforcement officer whose body camera recorded the video footage, subject to the limitations and restrictions in this part. (F) Any defense counsel who claims, pursuant to a written affidavit, to have a reasonable basis for believing a video may contain evidence that exculpates a client. (3) Limitation.--The right to inspect subject to subsection (j)(1) shall not include the right to possess a copy of the body camera video footage, unless the release of the body camera footage is otherwise authorized by this part or by another applicable law. When a body camera fails to capture some or all of the audio or video of an incident due to malfunction, displacement of camera, or any other cause, any audio or video footage that is captured shall be treated the same as any other body camera audio or video footage under this Act. (j) Additional Retention Requirements.--Notwithstanding the retention and deletion requirements in subsection (i), the following shall apply to body camera video footage under this Act: (1) Body camera video footage shall be automatically retained for not less than 3 years if the video footage captures an interaction or event involving-- (A) any use of force; or (B) a stop about which a complaint has been registered by a subject of the video footage. (2) Body camera video footage shall be retained for not less than 3 years if a longer retention period is voluntarily requested by-- (A) the Federal law enforcement officer whose body camera recorded the video footage, if that officer reasonably asserts the video footage has evidentiary or exculpatory value in an ongoing investigation; (B) any Federal law enforcement officer who is a subject of the video footage, if that officer reasonably asserts the video footage has evidentiary or exculpatory value; (C) any superior officer of a Federal law enforcement officer whose body camera recorded the video footage or who is a subject of the video footage, if that superior officer reasonably asserts the video footage has evidentiary or exculpatory value; (D) any Federal law enforcement officer, if the video footage is being retained solely and exclusively for police training purposes; (E) any member of the public who is a subject of the video footage; (F) any parent or legal guardian of a minor who is a subject of the video footage; or (G) a deceased subject's spouse, next of kin, or legally authorized designee. (k) Public Review.--For purposes of subparagraphs (E), (F), and (G) of subsection (j)(2), any member of the public who is a subject of video footage, the parent or legal guardian of a minor who is a subject of the video footage, or a deceased subject's next of kin or legally authorized designee, shall be permitted to review the specific video footage in question in order to make a determination as to whether they will voluntarily request it be subjected to a minimum 3-year retention period. (l) Disclosure.-- (1) In general.--Except as provided in paragraph (2), all video footage of an interaction or event captured by a body camera, if that interaction or event is identified with reasonable specificity and requested by a member of the public, shall be provided to the person or entity making the request in accordance with the procedures for requesting and providing government records set forth in the section 552a of title 5, United States Code. (2) Exceptions.--The following categories of video footage shall not be released to the public in the absence of express written permission from the non-law enforcement subjects of the video footage: (A) Video footage not subject to a minimum 3-year retention period pursuant to subsection (j). (B) Video footage that is subject to a minimum 3- year retention period solely and exclusively pursuant to paragraph (1)(B) or (2) of subsection (j). (3) Priority of requests.--Notwithstanding any time periods established for acknowledging and responding to records requests in section 552a of title 5, United States Code, responses to requests for video footage that is subject to a minimum 3-year retention period pursuant to subsection (j)(1)(A), where a subject of the video footage is recorded being killed, shot by a firearm, or grievously injured, shall be prioritized and, if approved, the requested video footage shall be provided as expeditiously as possible, but in no circumstances later than 5 days following receipt of the request. (4) Use of redaction technology.-- (A) In general.--Whenever doing so is necessary to protect personal privacy, the right to a fair trial, the identity of a confidential source or crime victim, or the life or physical safety of any person appearing in video footage, redaction technology may be used to obscure the face and other personally identifying characteristics of that person, including the tone of the person's voice, provided the redaction does not interfere with a viewer's ability to fully, completely, and accurately comprehend the events captured on the video footage. (B) Requirements.--The following requirements shall apply to redactions under subparagraph (A): (i) When redaction is performed on video footage pursuant to this paragraph, an unedited, original version of the video footage shall be retained pursuant to the requirements of subsections (i) and (j). (ii) Except pursuant to the rules for the redaction of video footage set forth in this subsection or where it is otherwise expressly authorized by this Act, no other editing or alteration of video footage, including a reduction of the video footage's resolution, shall be permitted. (m) Prohibited Withholding of Footage.--Body camera video footage may not be withheld from the public on the basis that it is an investigatory record or was compiled for law enforcement purposes where any person under investigation or whose conduct is under review is a police officer or other law enforcement employee and the video footage relates to that person's conduct in their official capacity. (n) Admissibility.--Any video footage retained beyond 6 months solely and exclusively pursuant to subsection (j)(2)(D) shall not be admissible as evidence in any criminal or civil legal or administrative proceeding. (o) Confidentiality.--No government agency or official, or law enforcement agency, officer, or official may publicly disclose, release, or share body camera video footage unless-- (1) doing so is expressly authorized pursuant to this Act or another applicable law; or (2) the video footage is subject to public release pursuant to subsection (l), and not exempted from public release pursuant to subsection (l)(1). (p) Limitation on Federal Law Enforcement Officer Viewing of Body Camera Footage.--No Federal law enforcement officer shall review or receive an accounting of any body camera video footage that is subject to a minimum 3-year retention period pursuant to subsection (j)(1) prior to completing any required initial reports, statements, and interviews regarding the recorded event, unless doing so is necessary, while in the field, to address an immediate threat to life or safety. (q) Additional Limitations.--Video footage may not be-- (1) in the case of footage that is not subject to a minimum 3-year retention period, viewed by any superior officer of a Federal law enforcement officer whose body camera recorded the footage absent a specific allegation of misconduct; or (2) divulged or used by any law enforcement agency for any commercial or other non-law enforcement purpose. (r) Third-Party Maintenance of Footage.--Where a law enforcement agency authorizes a third party to act as its agent in maintaining body camera footage, the agent shall not be permitted to independently access, view, or alter any video footage, except to delete videos as required by law or agency retention policies. (s) Enforcement.-- (1) In general.--If any Federal law enforcement officer, or any employee or agent of a Federal law enforcement agency fails to adhere to the recording or retention requirements contained in this Act, intentionally interferes with a body camera's ability to accurately capture video footage, or otherwise manipulates the video footage captured by a body camera during or after its operation-- (A) appropriate disciplinary action shall be taken against the individual officer, employee, or agent; (B) a rebuttable evidentiary presumption shall be adopted in favor of a criminal defendant who reasonably asserts that exculpatory evidence was destroyed or not captured; and (C) a rebuttable evidentiary presumption shall be adopted on behalf of a civil plaintiff suing the Government, a Federal law enforcement agency, or a Federal law enforcement officer for damages based on misconduct who reasonably asserts that evidence supporting their claim was destroyed or not captured. (2) Proof compliance was impossible.--The disciplinary action requirement and rebuttable presumptions described in paragraph (1) may be overcome by contrary evidence or proof of exigent circumstances that made compliance impossible. (t) Use of Force Investigations.--In the case that a Federal law enforcement officer equipped with a body camera is involved in, a witness to, or within viewable sight range of either the use of force by another law enforcement officer that results in a death, the use of force by another law enforcement officer, during which the discharge of a firearm results in an injury, or the conduct of another law enforcement officer that becomes the subject of a criminal investigation-- (1) the law enforcement agency that employs the law enforcement officer, or the agency or department conducting the related criminal investigation, as appropriate, shall promptly take possession of the body camera, and shall maintain such camera, and any data on such camera, in accordance with the applicable rules governing the preservation of evidence; (2) a copy of the data on such body camera shall be made in accordance with prevailing forensic standards for data collection and reproduction; and (3) such copied data shall be made available to the public in accordance with subsection (l). (u) Limitation on Use of Footage as Evidence.--Any body camera video footage recorded by a Federal law enforcement officer that violates this Act or any other applicable law may not be offered as evidence by any government entity, agency, department, prosecutorial office, or any other subdivision thereof in any criminal or civil action or proceeding against any member of the public. (v) Publication of Agency Policies.--Any Federal law enforcement agency policy or other guidance regarding body cameras, their use, or the video footage therefrom that is adopted by a Federal agency or department, shall be made publicly available on that agency's website. (w) Rule of Construction.--Nothing in this Act shall be construed to preempt any laws governing the maintenance, production, and destruction of evidence in criminal investigations and prosecutions. SEC. 3. PATROL VEHICLES WITH IN-CAR VIDEO RECORDING CAMERAS. (a) Definitions.--In this section: (1) Audio recording.--The term ``audio recording'' means the recorded conversation between a Federal law enforcement officer and a second party. (2) Emergency lights.--The term ``emergency lights'' means oscillating, rotating, or flashing lights on patrol vehicles. (3) Enforcement or investigative stop.--The term ``enforcement or investigative stop'' means an action by a Federal law enforcement officer in relation to enforcement and investigation duties, including traffic stops, pedestrian stops, abandoned vehicle contacts, motorist assists, commercial motor vehicle stops, roadside safety checks, requests for identification, or responses to requests for emergency assistance. (4) In-car video camera.--The term ``in-car video camera'' means a video camera located in a patrol vehicle. (5) In-car video camera recording equipment.--The term ``in-car video camera recording equipment'' means a video camera recording system located in a patrol vehicle consisting of a camera assembly, recording mechanism, and an in-car video recording medium. (6) Recording.--The term ``recording'' means the process of capturing data or information stored on a recording medium as required under this section. (7) Recording medium.--The term ``recording medium'' means any recording medium for the retention and playback of recorded audio and video including VHS, DVD, hard drive, solid state, digital, or flash memory technology. (8) Wireless microphone.--The term ``wireless microphone'' means a device worn by a Federal law enforcement officer or any other equipment used to record conversations between the officer and a second party and transmitted to the recording equipment. (b) Requirements.-- (1) In general.--Each Federal law enforcement agency shall install in-car video camera recording equipment in all patrol vehicles with a recording medium capable of recording for a period of 10 hours or more and capable of making audio recordings with the assistance of a wireless microphone. (2) Recording equipment requirements.--In-car video camera recording equipment with a recording medium capable of recording for a period of 10 hours or more shall record activities-- (A) whenever a patrol vehicle is assigned to patrol duty; (B) outside a patrol vehicle whenever-- (i) a Federal law enforcement officer assigned that patrol vehicle is conducting an enforcement or investigative stop; (ii) patrol vehicle emergency lights are activated or would otherwise be activated if not for the need to conceal the presence of law enforcement; or (iii) an officer reasonably believes recording may assist with prosecution, enhance safety, or for any other lawful purpose; and (C) inside the vehicle when transporting an arrestee or when an officer reasonably believes recording may assist with prosecution, enhance safety, or for any other lawful purpose. (3) Requirements for recording.-- (A) In general.--A Federal law enforcement officer shall begin recording for an enforcement or investigative stop when the officer determines an enforcement stop is necessary and shall continue until the enforcement action has been completed and the subject of the enforcement or investigative stop or the officer has left the scene. (B) Activation with lights.--A Federal law enforcement officer shall begin recording when patrol vehicle emergency lights are activated or when they would otherwise be activated if not for the need to conceal the presence of law enforcement, and shall continue until the reason for the activation ceases to exist, regardless of whether the emergency lights are no longer activated. (C) Permissible recording.--A Federal law enforcement officer may begin recording if the officer reasonably believes recording may assist with prosecution, enhance safety, or for any other lawful purpose; and shall continue until the reason for recording ceases to exist. (4) Enforcement or investigative stops.--A Federal law enforcement officer shall record any enforcement or investigative stop. Audio recording shall terminate upon release of the violator and prior to initiating a separate criminal investigation. (c) Retention of Recordings.--Recordings made on in-car video camera recording medium shall be retained for a storage period of at least 90 days. Under no circumstances shall any recording made on in- car video camera recording medium be altered or erased prior to the expiration of the designated storage period. Upon completion of the storage period, the recording medium may be erased and reissued for operational use unless otherwise ordered or if designated for evidentiary or training purposes. (d) Accessibility of Recordings.--Audio or video recordings made pursuant to this section shall be available under the applicable provisions of section 552a of title 5, United States Code. Only recorded portions of the audio recording or video recording medium applicable to the request will be available for inspection or copying. (e) Maintenance Required.--The agency shall ensure proper care and maintenance of in-car video camera recording equipment and recording medium. An officer operating a patrol vehicle must immediately document and notify the appropriate person of any technical difficulties, failures, or problems with the in-car video camera recording equipment or recording medium. Upon receiving notice, every reasonable effort shall be made to correct and repair any of the in-car video camera recording equipment or recording medium and determine if it is in the public interest to permit the use of the patrol vehicle. SEC. 4. FACIAL RECOGNITION TECHNOLOGY. No camera or recording device authorized or required to be used under this Act may employ facial recognition or other biometric surveillance technology. ``Used'' for purposes of this prohibition includes the use of a facial recognition or other biometric surveillance system in real-time or on a recording, or making a request or entering into an agreement for another law enforcement agency or other third party to use a facial recognition or other biometric surveillance system on behalf of the requesting officer or agency. SEC. 5. GAO STUDY. Not later than 18 months after the date of enactment of this Act, the Comptroller General of the United States shall conduct a study on Federal law enforcement officer training, vehicle pursuits, use of force, and interaction with citizens, and submit a report on such study to-- (1) the Committees on the Judiciary of the House of Representatives and of the Senate; (2) the Committee on Oversight and Reform of the House of Representatives; and (3) the Committee on Homeland Security and Governmental Affairs of the Senate. SEC. 6. REGULATIONS. Not later than 6 months after the date of the enactment of this Act, the Attorney General shall issue such final regulations as are necessary to carry out this Act. SEC. 7. RULE OF CONSTRUCTION. Nothing in this Act shall be construed to impose any requirement on a Federal law enforcement officer outside of the course of carrying out that officer's duty. <all>

Federal Police Camera and Accountability Act

To require Federal law enforcement officers to wear body cameras, and for other purposes.

Federal Police Camera and Accountability Act

Del. Norton, Eleanor Holmes

D

DC

S.3995

Foreign Trade and International Finance

This bill modifies the Harmonized Tariff Schedule of the United States to give imports of basketballs permanent duty-free treatment.

To amend the Harmonized Tariff Schedule of the United States to provide for permanent duty-free treatment on imports of basketballs. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. PERMANENT DUTY-FREE TREATMENT ON IMPORTS OF BASKETBALLS. (a) In General.--Chapter 95 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new subheading, with the article description having the same degree of indentation as the article description for subheading 9506.62.40: `` 9506.62.70 Basketballs........ Free ................... 30% '' . (b) Conforming Amendments.--(1) Chapter 95 of the Harmonized Tariff Schedule of the United States, as amended by subsection (a), is further amended by redesignating subheading 9506.62.80 as subheading 9506.62.81. (2) Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by striking headings 9902.17.75, 9902.17.76, and 9902.17.77. (3) U.S. Note 20(s)(i) to subchapter III of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by striking ``9506.62.80'' and by inserting ``9506.62.70'' and ``9506.62.81'' in appropriate sequence. (c) Effective Date.--The amendment made by subsection (a) applies to articles entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act. <all>

A bill to amend the Harmonized Tariff Schedule of the United States to provide for permanent duty-free treatment on imports of basketballs.

A bill to amend the Harmonized Tariff Schedule of the United States to provide for permanent duty-free treatment on imports of basketballs.

Official Titles - Senate Official Title as Introduced A bill to amend the Harmonized Tariff Schedule of the United States to provide for permanent duty-free treatment on imports of basketballs.

Sen. Paul, Rand

R

KY

S.2892

Economics and Public Finance

Stop the Shutdowns Transferring Unnecessary Pain and Inflicting Damage In The coming Years Act This bill provides continuing appropriations to certain federal agencies to prevent a government shutdown if an appropriations bill for the agency has not been enacted before the fiscal year begins and continuing appropriations are not in effect. The bill excludes agencies within or under the legislative branch or the Executive Office of the President, which would continue to be subject to a government shutdown due to a lapse in appropriations.

To provide for continuing appropriations in the event of a lapse in appropriations under the normal appropriations process, other than for the legislative branch and the Executive Office of the President. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop the Shutdowns Transferring Unnecessary Pain and Inflicting Damage In The coming Years Act''. SEC. 2. AUTOMATIC CONTINUING APPROPRIATIONS. (a) In General.--Chapter 13 of title 31, United States Code, is amended by adding at the end the following: ``Sec. 1311. Automatic continuing appropriations ``(a) In this section, the term `excluded account' means an appropriation account-- ``(1) for any agency, office, or other entity in or under the legislative branch; or ``(2) for any agency, office, or other entity in or under the Executive Office of the President. ``(b)(1)(A) If an appropriation Act for a fiscal year with respect to the account for a program, project, or activity has not been enacted and continuing appropriations are not in effect during any period during such fiscal year with respect to the program, project, or activity, there are appropriated such sums as may be necessary to continue, at the rate for operations specified in subparagraph (B), the program, project, or activity if-- ``(i) the program, project, or activity is not funded under an excluded account; and ``(ii) funds were provided for the program, project, or activity during the preceding fiscal year. ``(B) The rate for operations specified in this subparagraph with respect to a program, project, or activity-- ``(i) is the rate for operations for the preceding fiscal year for the program, project, or activity-- ``(I) provided in the corresponding appropriation Act for such preceding fiscal year; or ``(II) if the corresponding appropriation bill for such preceding fiscal year was not enacted, provided in the law providing continuing appropriations for such preceding fiscal year; or ``(ii) if the corresponding appropriation bill and a law providing continuing appropriations for such preceding fiscal year were not enacted, is the rate for operations for the preceding fiscal year for the program, project, or activity provided under this section for such preceding fiscal year, as increased by the percentage increase, if any, in the gross domestic product for the calendar year ending during such preceding fiscal year as compared to the gross domestic product for the calendar year before such calendar year. ``(2) Appropriations and funds made available, and authority granted, for any fiscal year pursuant to this section for a program, project, or activity shall be available for the period beginning with the first day of any lapse in appropriations during such fiscal year and ending with the date on which the applicable regular appropriation bill for such fiscal year is enacted (whether or not such law provides appropriations for such program, project, or activity) or a law making continuing appropriations for the program, project, or activity is enacted, as the case may be. ``(c) An appropriation or funds made available, or authority granted, for a program, project, or activity for any fiscal year pursuant to this section shall be subject to the terms and conditions imposed with respect to the appropriation made or funds made available for the preceding fiscal year, or authority granted for such program, project, or activity under current law. ``(d) Expenditures made for a program, project, or activity for any fiscal year pursuant to this section shall be charged to the applicable appropriation, fund, or authorization whenever a regular appropriation Act, or a law making continuing appropriations until the end of such fiscal year, for such program, project, or activity is enacted. ``(e) This section shall not apply to a program, project, or activity during a fiscal year if any other provision of law (other than an authorization of appropriations)-- ``(1) makes an appropriation, makes funds available, or grants authority for such program, project, or activity to continue for such period; or ``(2) specifically provides that no appropriation shall be made, no funds shall be made available, or no authority shall be granted for such program, project, or activity to continue for such period.''. (b) Clerical Amendment.--The table of sections for chapter 13 of title 31, United States Code, is amended by adding at the end the following: ``1311. Automatic continuing appropriations.''. <all>

Stop the Shutdowns Transferring Unnecessary Pain and Inflicting Damage In The coming Years Act

A bill to provide for continuing appropriations in the event of a lapse in appropriations under the normal appropriations process, other than for the legislative branch and the Executive Office of the President.

Stop the Shutdowns Transferring Unnecessary Pain and Inflicting Damage In The coming Years Act

Sen. Warner, Mark R.

D

VA

H.R.7937

Environmental Protection

Revitalize, Enhance, and Nurture in Expanded Ways Our Abandoned Mine Lands Act or the RENEW Our Abandoned Mine Lands Act This bill authorizes grants for states and Indian tribes to carry out reclamation projects on mining sites if there is a shortfall between the actual cost of reclamation and the value of any performance bonds forfeited by coal mining operators. The bill also phases out certain cost-sharing requirements for existing grants that support the development of state and tribal programs for regulating surface mining and reclamation. Current law requires mining operators to reclaim land affected by their operations and demonstrate, through a performance bond, that they have adequate financial resources to carry out the reclamation. If the operator fails to complete the reclamation, the bond is forfeited to the state or tribal regulatory authority to cover reclamation costs.

To direct the Secretary of the Interior, acting through the Office of Surface Mining Reclamation and Enforcement, to establish a program to facilitate coal mine reclamation and award grants to certain States and Indian Tribes to carry out coal mine reclamation, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Revitalize, Enhance, and Nurture in Expanded Ways Our Abandoned Mine Lands Act'' or the ``RENEW Our Abandoned Mine Lands Act''. SEC. 2. AMENDMENTS TO THE SURFACE MINING CONTROL AND RECLAMATION ACT. (a) Coal Mine Reclamation Program.--Title V of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1251 et seq.) is amended by adding at the end the following: ``SEC. 530. OSMRE COAL MINE RECLAMATION PROGRAM. ``(a) Establishment.--Not later than 1 year after the date of the enactment of this Act, the Secretary shall establish a program-- ``(1) to help ensure the Office of Surface Mining Reclamation and Enforcement has sufficient funds to carry out covered reclamation projects; and ``(2) to award grants to States and Indian tribes to carry out covered reclamation projects. ``(b) Grant Program.-- ``(1) In general.--The Secretary may award grants under this section to States and Indian tribes to carry out covered reclamation projects. ``(2) Priority.--In awarding grants under this section, the Secretary shall allocate grant funds based on need. ``(3) Additional criteria.--To be eligible for a grant under this section-- ``(A) a State or Indian tribe shall maintain State bonding requirements approved under section 503 that are not less stringent than the bonding requirements of such State on the date of enactment of this section; ``(B) if the Secretary determines appropriate, a State or Indian tribe shall address deficiencies in its approved alternative bonding system on permitted coal mines; ``(C) an Indian tribe shall have an approved regulatory program pursuant to this title and section 710; ``(D) a State or Indian tribe shall demonstrate-- ``(i) the use of all available legal remedies to the extent practicable to recover reclamation costs from responsible persons liable under this Act, including corporate parents, owners, and executives; ``(ii) with respect to the use of such grant funds, requirements for-- ``(I) active coal mines within its jurisdiction to reclaim surface areas as contemporaneously as practicable with surface coal mining operations pursuant to the purposes of this Act; ``(II) coal mine reclamation within its jurisdiction to be carried out according to approved reclamation plans; ``(III) compliance with the Clean Water Act (33 U.S.C. 1251 et seq.); and ``(IV) payments of wages not less than those prevailing on similar projects in the locality, for all laborers and mechanics employed by contractors or subcontractors in the performance of construction, alteration, or repair work on a project assisted in whole or in part by funding made available under this section, as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code (commonly referred to as the ``Davis-Bacon Act''); ``(iii) the aggregation of reclamation projects when practicable to improve economies of scale; and ``(iv) active facilitation of community engagement in the design and oversight of reclamation projects; and ``(E) meet such additional requirements as the Secretary determines appropriate. ``(4) Application.-- ``(A) Annual requirement.--The Secretary shall require, from each State or Indian tribe applying for grant funds under this section, an application for each fiscal year. ``(B) Projected shortfall.--Each application shall include the following information: ``(i) For a State applicant, the projected annual shortfall in funding for reclamation with respect to all coal mines where the State forfeited a reclamation bond. ``(ii) For an Indian tribe applicant, the projected annual shortfall in funding for reclamation with respect to all coal mines where the Indian tribe forfeited a reclamation bond. ``(c) Authorization of Appropriations.-- ``(1) In general.--In addition to amounts otherwise available, there is authorized to be appropriated to the Secretary $385,000,000 for each of fiscal years 2023 through 2032 to carry out this section. ``(2) Administrative costs.--Of the amounts made available under this section, the Secretary may use $1,000,000 each fiscal year for the costs of administering this section. ``(d) Definitions.--In this section: ``(1) Covered reclamation project.--The term `covered reclamation project'-- ``(A) means a coal mine reclamation project on a site where a performance bond was forfeited and found to be insufficient; and ``(B) includes reclamation projects-- ``(i) involving lands or waters mined for coal under a permit under this Act that were subject to permit revocation and bond forfeiture pursuant to section 800.50 of title 30, Code of Federal Regulations, (or its equivalent in an approved State or Tribal program); and ``(ii) where there is a shortfall between the actual cost of reclamation, including long- term water treatment, and the value of any forfeited bonding instrument. ``(2) Secretary.--The term `Secretary' means the Secretary of the Interior, acting through the Office of Surface Mining Reclamation and Enforcement. ``(e) Termination.--The program established under subsection (a) shall terminate on September 30, 2032.''. (b) Grants to the States.--Section 705(a) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1295(a)) is amended to read as follows: ``(a) The Secretary is authorized to make annual grants to any State for the purpose of assisting such State in developing, administering, and enforcing State programs under this Act. Except as provided in subsection (c)-- ``(1) through fiscal year 2022, such grants shall not exceed 80 percent of the total costs incurred during the first year, 60 percent of total costs incurred during the second year, and 50 percent of the total costs incurred during each year thereafter; ``(2) for fiscal year 2023 and 2024, such grants shall not exceed 75 percent of the total costs incurred during each year; and ``(3) for fiscal year 2025 and thereafter, such grants shall not exceed 100 percent of the total costs incurred during each year.''. (c) Clerical Amendment.--The table of contents for the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201 et seq.) is amended by inserting after the item relating to section 529 the following: ``Sec. 530. OSMRE coal mine reclamation program.''. <all>

RENEW Our Abandoned Mine Lands Act

To direct the Secretary of the Interior, acting through the Office of Surface Mining Reclamation and Enforcement, to establish a program to facilitate coal mine reclamation and award grants to certain States and Indian Tribes to carry out coal mine reclamation, and for other purposes.

RENEW Our Abandoned Mine Lands Act Revitalize, Enhance, and Nurture in Expanded Ways Our Abandoned Mine Lands Act

Rep. Lamb, Conor

D

PA

S.4396

Armed Forces and National Security

Access to Healthcare for Reservists Act This bill requires the Department of Defense (DOD) to study the feasibility of expanding eligibility for TRICARE Reserve Select and the TRICARE dental program to include all members of the Selected Reserve of the Ready Reserve of a reserve component of the Armed Forces, their dependents, and their non-dependent children under the age of 26. The study must also assess potential cost effects, changes in out-of-pocket costs to beneficiaries, and effects on other federal programs. DOD must contract with a federally funded research and development center that is qualified and appropriate to conduct the study. Additionally, DOD must brief Congress on the methodology and approach of the study and submit a report on the results.

To require the Secretary of Defense to conduct a study on providing benefits under TRICARE Reserve Select and the TRICARE dental program to members of the Selected Reserve and their dependents. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Access to Healthcare for Reservists Act''. SEC. 2. STUDY ON PROVIDING BENEFITS UNDER TRICARE RESERVE SELECT AND TRICARE DENTAL PROGRAM TO MEMBERS OF THE SELECTED RESERVE AND THEIR DEPENDENTS. (a) Study.--The Secretary of Defense shall conduct a study on the feasibility, potential cost effects to the budget of the Department of Defense, changes in out-of-pocket costs to beneficiaries, and effects on other Federal programs of expanding eligibility for TRICARE Reserve Select and the TRICARE dental program to include all members of the Selected Reserve of the Ready Reserve of a reserve component of the Armed Forces, their dependents, and their non-dependent children under the age of 26. (b) Specifications.--In conducting the study under subsection (a), the Secretary shall include an assessment of the following: (1) Cost-shifting to the Department of Defense to support the expansion of TRICARE Reserve Select and the TRICARE dental program from-- (A) health benefit plans under chapter 89 of title 5, United States Code; (B) employer-sponsored health insurance; (C) private health insurance; (D) insurance under a State health care exchange; and (E) the Medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.). (2) New costs for the Department of Defense to enroll in TRICARE Reserve Select and the TRICARE dental program members of the Selected Reserve of the Ready Reserve of a reserve component of the Armed Forces who were previously uninsured. (3) The resources needed to implement TRICARE Reserve Select and the TRICARE dental program for all such members, their dependents, and their non-dependent children under the age of 26. (4) Anticipated cost-savings or cost-avoidance of the expansion of TRICARE Reserve Select and the TRICARE dental program with regard to increased training days performed in support of mass medical events during battle assemblies of the reserve components, including an assessment of the impact of such expansion on-- (A) medical readiness; (B) overall deployability rates; (C) deployability timelines; (D) fallout rates at mobilization sites; (E) cross-leveling of members of the reserve components to backfill medical fallouts at mobilization sites; and (F) any other readiness metrics affected by such expansion. (5) Any impact of such expansion on recruitment and retention of members of the Ready Reserve of the reserve components of the Armed Forces. (6) Any changes to out-of-pocket costs for such members and their dependents resulting from such expansion. (7) Anticipated cost-savings or cost-avoidance in contracts that implement the Reserve Health Readiness Program of the Department of Defense. (c) Determination of Cost Effects.--In studying the potential cost effects to the budget of the Department of Defense under subsection (a), the Secretary of Defense shall study the cost effects for the following scenarios of expanded eligibility for TRICARE Reserve Select and the TRICARE dental program: (1) Premium free for members of the Selected Reserve of the Ready Reserve of a reserve component of the Armed Forces, their dependents, and their non-dependent children under the age of 26. (2) Premium free for such members and subsidized premiums for such dependents and non-dependent children. (3) Subsidized premiums for such members, dependents, and non-dependent children. (d) Use of a Federally Funded Research and Development Center.--The Secretary shall contract with a federally funded research and development center that is qualified and appropriate to conduct the study required under subsection (a). (e) Briefing; Report.-- (1) Briefing.--Not later than one year after the date of the enactment of this Act, the Secretary shall provide to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a briefing on the methodology and approach of the study required under subsection (a). (2) Report.--Not later than two years after the date of the enactment of this Act, the Secretary shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the results of the study required under subsection (a). (f) Definitions.--In this section: (1) TRICARE dental program.--The term ``TRICARE dental program'' means dental benefits under section 1076a of title 10, United States Code. (2) TRICARE reserve select.--The term ``TRICARE Reserve Select'' means health benefits under section 1076d of such title. <all>

Access to Healthcare for Reservists Act

A bill to require the Secretary of Defense to conduct a study on providing benefits under TRICARE Reserve Select and the TRICARE dental program to members of the Selected Reserve and their dependents

Access to Healthcare for Reservists Act

Sen. Duckworth, Tammy

D

IL

S.514

Congress

This bill requires the Joint Committee on the Library to obtain, and the Architect of the Capitol to permanently install in the U.S. Capitol or on the U.S. Capitol Grounds, a monument honoring Associate Justice of the Supreme Court Ruth Bader Ginsburg.

To obtain and direct the placement in the Capitol or on the Capitol Grounds of a monument to honor Associate Justice of the Supreme Court of the United States Ruth Bader Ginsburg. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. FINDINGS. Congress finds the following: (1) Ruth Bader Ginsburg was born in 1933 in Brooklyn, New York, and grew up in a low-income, working-class neighborhood. (2) Ginsburg graduated from Cornell University in 1954, finishing first in her class. (3) Ginsburg enrolled at Harvard Law School in 1956, entering into a class of 552 men and only 8 other women. (4) As a law student, Ginsburg became the first female member of the prestigious legal journal, the Harvard Law Review. She also cared for her husband, Martin Ginsburg, who had been diagnosed with cancer, and their young daughter. (5) Ginsburg finished her legal education at Columbia Law School, where she graduated first in her class in 1959. (6) Ginsburg taught at Rutgers University Law School from 1963 to 1972 and at Columbia Law School from 1972 to 1980, where she became the school's first female tenured professor. (7) During the 1970s, Ginsburg served as the director of the Women's Rights Project of the American Civil Liberties Union. In this position, she led the fight against gender discrimination and successfully argued 6 landmark cases before the Supreme Court of the United States (in this section referred to as the ``Supreme Court''). (8) Ginsburg won 5 cases on gender discrimination before the Supreme Court, including the case Weinberger v. Wiesenfeld, which involved a portion of the Social Security Act that favored women over men, because the Act granted certain benefits to widows, but not widowers. (9) In 1980, President Jimmy Carter appointed Ginsburg to the United States Court of Appeals for the District of Columbia Circuit. (10) In 1993, President Bill Clinton appointed Ginsburg to the Supreme Court to fill the seat vacated by Associate Justice Byron White. (11) On August 3, 1993, the Senate confirmed Ginsburg's nomination to the Supreme Court by a 96 to 3 vote. (12) Ginsburg became the second female justice to serve on the Supreme Court as well as the first Jewish female justice to serve on the Supreme Court. (13) As a justice, Ginsburg presented a strong voice in favor of gender equality, voting rights, the rights of workers, and the separation of church and state. (14) In 1996, Ginsburg wrote the Supreme Court's landmark decision in United States v. Virginia, which held that the State-supported Virginia Military Institute could not refuse to admit women. (15) Despite her reputation for restrained writing, Ginsburg gathered considerable attention for her dissenting opinion in Bush v. Gore by subtly concluding her decision with the words, ``I dissent'', a significant departure from the traditional ``respectfully dissent''. (16) Ginsburg famously dissented in Ledbetter v. Goodyear Tire & Rubber Co., where the plaintiff, a female worker being paid significantly less than males with her same qualifications, sued under title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.), but was denied relief under a statute of limitation issue. Ginsburg broke with tradition and wrote a highly colloquial version of her dissent to read from the bench. In her dissent, she also called for Congress to undo this improper interpretation of the law. (17) Ginsburg's impactful dissent in Ledbetter v. Goodyear Tire & Rubber Co. led to the successful passage of the Lilly Ledbetter Fair Pay Act of 2009 (Public Law 111-2; 123 Stat. 5), which was the first piece of legislation signed by President Barack Obama. (18) In 2013, when the Supreme Court ruled in a 5-4 decision in Shelby County v. Holder to gut the Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.), Ginsburg wrote, ``Throwing out preclearance when it has worked and is continuing to work to stop discriminatory changes is like throwing away your umbrella in a rainstorm because you are not getting wet.''. (19) Until the 2018 term, Ginsburg had not missed a day of oral arguments, not even when she was undergoing chemotherapy for pancreatic cancer, after surgery for colon cancer, or the day after her husband passed away in 2010. SEC. 2. MONUMENT HONORING JUSTICE RUTH BADER GINSBURG. (a) Obtaining of Monument.-- (1) In general.--Not later than 2 years after the date of the enactment of this Act, and in consultation with the Committee on House Administration of the House of Representatives and the Committee on Rules and Administration of the Senate, the Joint Committee on the Library shall enter into an agreement to obtain a monument honoring Associate Justice of the Supreme Court of the United States Ruth Bader Ginsburg under such terms and conditions as the Joint Committee considers appropriate, consistent with applicable law. (2) Consideration.--In selecting an artist to make the monument obtained under paragraph (1), the Joint Committee on the Library shall make the announcement available to and consider artists from underrepresented demographic groups. (b) Installation.--The Architect of the Capitol, under the direction of the Joint Committee on the Library, shall permanently install the monument obtained under subsection (a) in a prominent location in the Capitol or on the Capitol Grounds, as described in section 5102 of title 40, United States Code. (c) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this Act. Amounts appropriated pursuant to this subsection shall remain available until expended. <all>

A bill to obtain and direct the placement in the Capitol or on the Capitol Grounds of a monument to honor Associate Justice of the Supreme Court of the United States Ruth Bader Ginsburg.

A bill to obtain and direct the placement in the Capitol or on the Capitol Grounds of a monument to honor Associate Justice of the Supreme Court of the United States Ruth Bader Ginsburg.

Official Titles - Senate Official Title as Introduced A bill to obtain and direct the placement in the Capitol or on the Capitol Grounds of a monument to honor Associate Justice of the Supreme Court of the United States Ruth Bader Ginsburg.

Sen. Klobuchar, Amy

D

MN

S.1224

Public Lands and Natural Resources

This bill redesignates the America's Agricultural Heritage Partnership in Iowa as the Silos & Smokestacks National Heritage Area. The bill extends through FY2031 the authority of the Department of Agriculture to provide grants or other assistance for the heritage area. The bill increases the total amount that may be appropriated for the heritage area.

To reauthorize, and increase the total funding cap for, the America's Agricultural Heritage Partnership, to redesignate the America's Agricultural Heritage Partnership as the ``Silos & Smokestacks National Heritage Area'', and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting the Silos & Smokestacks National Heritage Area Act''. SEC. 2. REAUTHORIZATION OF AMERICA'S AGRICULTURAL HERITAGE PARTNERSHIP. (a) Reauthorization.--Section 707 of division II of the Omnibus Parks and Public Lands Management Act of 1996 (54 U.S.C. 320101 note; Public Law 104-333; 110 Stat. 4267; 127 Stat. 420; 128 Stat. 3801) is amended by striking ``2021'' and inserting ``2031''. (b) Increased Total Funding Cap.--Section 708(a) of division II of the Omnibus Parks and Public Lands Management Act of 1996 (54 U.S.C. 320101 note; Public Law 104-333; 110 Stat. 4267; 122 Stat. 824; 134 Stat. 1505) is amended, in the second sentence, by striking ``$17,000,000'' and inserting ``$23,000,000''. SEC. 3. REDESIGNATION OF HERITAGE AREA. (a) Redesignation.--The America's Agricultural Heritage Partnership established by section 703 of division II of the Omnibus Parks and Public Lands Management Act of 1996 (Public Law 104-333; 110 Stat. 4266) shall be known and designated as the ``Silos & Smokestacks National Heritage Area''. (b) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to the heritage area referred to in subsection (a) shall be deemed to be a reference to the ``Silos & Smokestacks National Heritage Area''. <all>

Protecting the Silos & Smokestacks National Heritage Area Act

A bill to reauthorize, and increase the total funding cap for, the America's Agricultural Heritage Partnership, to redesignate the America's Agricultural Heritage Partnership as the "Silos & Smokestacks National Heritage Area", and for other purposes.

Protecting the Silos & Smokestacks National Heritage Area Act

Sen. Ernst, Joni

R

IA

S.3073

Health

Equal Health Care for All Act This bill prohibits discrimination in health care based on race, religion, and other characteristics. It also revises reporting requirements, adds equity-related measures to certain Medicare programs, and makes other changes to reduce health disparities. To enforce the prohibition, the Department of Health and Human Services (HHS) must establish an administrative process to resolve complaints about inequitable health care. HHS must investigate these complaints and mediate agreements to resolve issues. In the event of noncompliance with a mediated agreement, an aggrieved individual may bring a civil action. Health care providers must also report data in formats that allow disaggregation by demographic factors. HHS must issue proposed regulations to carry out this requirement within 90 days. Additionally, the Centers for Medicare & Medicaid Services (CMS) must include measures related to equitable health care in the Medicare value-based purchasing program for hospitals. This program provides incentive payments based on quality of care. The CMS may also exclude providers that furnish inequitable health care from its programs. In addition, the bill establishes the Federal Health Equity Commission to monitor implementation of the bill and establishes a grant program for hospitals to promote equitable health care.

To prohibit discrimination in health care and require the provision of equitable health care, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Equal Health Care for All Act''. SEC. 2. FINDINGS. Congress finds the following: (1) In 1966, Dr. Martin Luther King, Jr., said ``Of all the forms of inequality, injustice in health care is the most shocking and inhuman because it often results in physical death.''. (2) Inequity in health care remains a persistent and devastating reality for many communities, and, in particular, communities of color. (3) The provision of inequitable health care has complex causes, many stemming from systemic inequality in access to health care, housing, nutrition, economic opportunity, education, and other factors. (4) Health care outcomes for Black communities in particular lag far behind those of the population as a whole. (5) Dr. Anthony Fauci, Director of the National Institute of Allergy and Infectious Diseases, said on April 7, 2020, the coronavirus outbreak is ``shining a bright light'' on ``unacceptable'' health disparities in the Black community. (6) A contributing factor in health disparities is explicit and implicit bias in the delivery of health care, resulting in inferior care and poorer outcomes for some patients on the basis of factors that include race, national origin, sex (including sexual orientation or gender identity), disability, age, and religion. (7) The National Academy of Medicine (formerly known as the ``Institute of Medicine'') issued a report in 2002 titled ``Unequal Treatment'', finding that racial and ethnic minorities receive lower-quality health care than Whites do, even when insurance status, income, age, and severity of condition is comparable. (8) Just as Congress has sought to eliminate bias, both explicit and implicit, in employment, housing, and other parts of our society, the elimination of bias and the legacy of structural racism in health care is of paramount importance. SEC. 3. DATA COLLECTION AND REPORTING. (a) Required Reporting.-- (1) In general.--The Secretary of Health and Human Services, in consultation with the Director for Civil Rights and Health Equity, the Director of the National Institutes of Health, the Administrator of the Centers for Medicare & Medicaid Services, the Director of the Agency for Healthcare Research and Quality, the Deputy Assistant Secretary for Minority Health, and the Director of the Centers for Disease Control and Prevention, shall by regulation require all health care providers and facilities that are required under other provisions of law to report data on specific health outcomes to the Department of Health and Human Services in aggregate form, to disaggregate such data by demographic characteristics, including by race, national origin, sex (including sexual orientation and gender identity), disability, and age, as well as any other factor that the Secretary of Health and Human Services determines would be useful for determining a pattern of provision of inequitable health care. (2) Proposed regulations.--Not later than 90 days after the date of enactment of this Act, the Secretary of Health and Human Services shall issue proposed regulations to carry out paragraph (1). (b) Repository.--The Secretary of Health and Human Services shall-- (1) not later than 1 year after the date of enactment of this Act, establish a repository of the disaggregated data reported pursuant to subsection (a); (2) subject to paragraph (3), make the data in such repository publicly available; and (3) ensure that such repository does not contain any data that is individually identifiable. SEC. 4. REQUIRING EQUITABLE HEALTH CARE IN THE HOSPITAL VALUE-BASED PURCHASING PROGRAM. (a) Equitable Health Care as Value Measurement.--Section 1886(b)(3)(B)(viii) of the Social Security Act (42 U.S.C. 1395ww(b)(3)(B)(viii)) is amended by adding at the end the following new subclause: ``(XIII)(aa) Effective for payments beginning with fiscal year 2024, in expanding the number of measures under subclause (III), the Secretary shall adopt measures that relate to equitable health care furnished by hospitals in inpatient settings. ``(bb) In carrying out this subclause, the Secretary shall solicit input and recommendations from individuals and groups representing communities of color and other protected classes and ensure measures adopted pursuant to this subclause account for social determinants of health, as defined in section 7(e)(10) of the Equal Health Care for All Act. ``(cc) For purposes of this subclause, the term `equitable health care' refers to the principle that high-quality care should be provided to all individuals and health care treatment and services should not vary on account of the real or perceived race, national origin, sex (including sexual orientation and gender identity), disability, or age of an individual, as well as any other factor that the Secretary determines would be useful for determining a pattern of provision of inequitable health care.''. (b) Inclusion of Equitable Health Care Measures.--Section 1886(o)(2)(B) of the Social Security Act (42 U.S.C. 1395ww(o)(2)(B)) is amended by adding at the end the following new clause: ``(iv) Inclusion of equitable health care measures.--Beginning in fiscal year 2024, measures selected under subparagraph (A) shall include the equitable health care measures described in subsection (b)(3)(B)(viii)(XIII).''. SEC. 5. PROVISION OF INEQUITABLE HEALTH CARE AS A BASIS FOR PERMISSIVE EXCLUSION FROM MEDICARE AND STATE HEALTH CARE PROGRAMS. Section 1128(b) of the Social Security Act (42 U.S.C. 1320a-7(b)) is amended by adding at the end the following new paragraph: ``(18) Provision of inequitable health care.-- ``(A) In general.--Subject to subparagraph (B), any health care provider that the Secretary determines has engaged in a pattern of providing inequitable health care (as defined in section 7(e)(7) of the Equal Health Care for All Act) on the basis of race, national origin, sex (including sexual orientation and gender identity), disability, or age of an individual. ``(B) Exception.--For purposes of carrying out subparagraph (A), the Secretary shall not exclude any health care provider from participation in the Medicare program under title XVIII of the Social Security Act or the Medicaid program under title XIX of such Act if the exclusion of such health care provider would result in increased difficulty in access to health care services for underserved or low-income communities.''. SEC. 6. OFFICE FOR CIVIL RIGHTS AND HEALTH EQUITY OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES. (a) Name of Office.--Beginning on the date of enactment of this Act, the Office for Civil Rights of the Department of Health and Human Services shall be known as the ``Office for Civil Rights and Health Equity'' of the Department of Health and Human Services. Any reference to the Office for Civil Rights of the Department of Health and Human Services in any law, regulation, map, document, record, or other paper of the United States shall be deemed to be a reference to the Office for Civil Rights and Health Equity. (b) Head of Office.--The head of the Office for Civil Rights and Health Equity shall be the Director for Civil Rights and Health Equity, to be appointed by the President. Any reference to the Director of the Office for Civil Rights of the Department of Health and Human Services in any law, regulation, map, document, record, or other paper of the United States shall be deemed to be a reference to the Director for Civil Rights and Health Equity. SEC. 7. PROHIBITING DISCRIMINATION IN HEALTH CARE. (a) Prohibiting Discrimination.-- (1) In general.--No health care provider may, on the basis, in whole or in part, of race, sex (including sexual orientation and gender identity), disability, age, or religion, subject an individual to the provision of inequitable health care. (2) Notice of patient rights.--The Secretary shall provide to each patient a notice of a patient's rights under this section. (b) Administrative Complaint and Conciliation Process.-- (1) Complaints and answers.-- (A) In general.--An aggrieved person may, not later than 1 year after an alleged violation of subsection (a) has occurred or concluded, file a complaint with the Director alleging inequitable provision of health care by a provider described in subsection (a). (B) Complaint.--A complaint submitted pursuant to subparagraph (A) shall be in writing and shall contain such information and be in such form as the Director requires. (C) Oath or affirmation.--The complaint and any answer made under this subsection shall be made under oath or affirmation, and may be reasonably and fairly modified at any time. (2) Response to complaints.-- (A) In general.--Upon the filing of a complaint under this subsection, the following procedures shall apply: (i) Complainant notice.--The Director shall serve notice upon the complainant acknowledging receipt of such filing and advising the complainant of the time limits and procedures provided under this section. (ii) Respondent notice.--The Director shall, not later than 30 days after receipt of such filing-- (I) serve on the respondent a notice of the complaint, together with a copy of the original complaint; and (II) advise the respondent of the procedural rights and obligations of respondents under this section. (iii) Answer.--The respondent may file, not later than 60 days after receipt of the notice from the Director, an answer to such complaint. (iv) Investigative duties.--The Director shall-- (I) make an investigation of the alleged inequitable provision of health care; and (II) complete such investigation within 180 days (unless it is impracticable to complete such investigation within 180 days) after the filing of the complaint. (B) Investigations.-- (i) Pattern or practice.--In the course of investigating the complaint, the Director may seek records of care provided to patients other than the complainant if necessary to demonstrate or disprove an allegation of inequitable provision of health care or to determine whether there is a pattern or practice of such care. (ii) Accounting for social determinants of health.--In investigating the complaint and reaching a determination on the validity of the complaint, the Director shall account for social determinants of health and the effect of such social determinants on health care outcomes. (iii) Inability to complete investigation.--If the Director is unable to complete (or finds it is impracticable to complete) the investigation within 180 days after the filing of the complaint (or, if the Secretary takes further action under paragraph (6)(B) with respect to a complaint, within 180 days after the commencement of such further action), the Director shall notify the complainant and respondent in writing of the reasons involved. (iv) Report to state licensing authorities.--On concluding each investigation under this subparagraph, the Director shall provide to the State licensing authorities that were notified under subparagraph (A), information specifying the results of the investigation. (C) Report.-- (i) Final report.--On completing each investigation under this paragraph, the Director shall prepare a final investigative report. (ii) Modification of report.--A final report under this subparagraph may be modified if additional evidence is later discovered. (3) Conciliation.-- (A) In general.--During the period beginning on the date on which a complaint is filed under this subsection and ending on the date of final disposition of such complaint (including during an investigation under paragraph (2)(B)), the Director shall, to the extent feasible, engage in conciliation with respect to such complaint. (B) Conciliation agreement.--A conciliation agreement arising out of such conciliation shall be an agreement between the respondent and the complainant, and shall be subject to approval by the Director. (C) Rights protected.--The Director shall approve a conciliation agreement only if the agreement protects the rights of the complainant and other persons similarly situated. (D) Publicly available agreement.-- (i) In general.--Subject to clause (ii), the Secretary shall make available to the public a copy of a conciliation agreement entered into pursuant to this subsection unless the complainant and respondent otherwise agree, and the Secretary determines, that disclosure is not required to further the purposes of this subsection. (ii) Limitation.--A conciliation agreement that is made available to the public pursuant to clause (i) may not disclose individually identifiable health information. (4) Failure to comply with conciliation agreement.-- Whenever the Director has reasonable cause to believe that a respondent has breached a conciliation agreement, the Director shall refer the matter to the Attorney General to consider filing a civil action to enforce such agreement. (5) Written consent for disclosure of information.--Nothing said or done in the course of conciliation under this subsection may be made public, or used as evidence in a subsequent proceeding under this subsection, without the written consent of the parties to the conciliation. (6) Prompt judicial action.-- (A) In general.--If the Director determines at any time following the filing of a complaint under this subsection that prompt judicial action is necessary to carry out the purposes of this subsection, the Director may recommend that the Attorney General promptly commence a civil action under subsection (d). (B) Immediate suit.--If the Director determines at any time following the filing of a complaint under this subsection that the public interest would be served by allowing the complainant to bring a civil action under subsection (c) in a State or Federal court immediately, the Director shall certify that the administrative process has concluded and that the complainant may file such a suit immediately. (7) Annual report.--Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Director shall make publicly available a report detailing the activities of the Office for Civil Rights and Health Equity under this subsection, including-- (A) the number of complaints filed and the basis on which the complaints were filed; (B) the number of investigations undertaken as a result of such complaints; and (C) the disposition of all such investigations. (c) Enforcement by Private Persons.-- (1) In general.-- (A) Civil action.-- (i) In suit.--A complainant under subsection (b) may commence a civil action to obtain appropriate relief with respect to an alleged violation of subsection (a), or for breach of a conciliation agreement under subsection (b), in an appropriate district court of the United States or State court-- (I) not sooner than the earliest of-- (aa) the date a conciliation agreement is reached under subsection (b); (bb) the date of a final disposition of a complaint under subsection (b); or (cc) 180 days after the first day of the alleged violation; and (II) not later than 2 years after the final day of the alleged violation. (ii) Statute of limitations.--The computation of such 2-year period shall not include any time during which an administrative proceeding (including investigation or conciliation) under subsection (b) was pending with respect to a complaint under such subsection. (B) Barring suit.--If the Director has obtained a conciliation agreement under subsection (b) regarding an alleged violation of subsection (a), no action may be filed under this paragraph by the complainant involved with respect to the alleged violation except for the purpose of enforcing the terms of such an agreement. (2) Relief which may be granted.-- (A) In general.--In a civil action under paragraph (1), if the court finds that a violation of subsection (a) or breach of a conciliation agreement has occurred, the court may award to the plaintiff actual and punitive damages, and may grant as relief, as the court determines to be appropriate, any permanent or temporary injunction, temporary restraining order, or other order (including an order enjoining the defendant from engaging in a practice violating subsection (a) or ordering such affirmative action as may be appropriate). (B) Fees and costs.--In a civil action under paragraph (1), the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney's fee and costs. The United States shall be liable for such fees and costs to the same extent as a private person. (3) Intervention by attorney general.--Upon timely application, the Attorney General may intervene in a civil action under paragraph (1), if the Attorney General certifies that the case is of general public importance. (d) Enforcement by the Attorney General.-- (1) Commencement of actions.-- (A) Pattern or practice cases.--The Attorney General may commence a civil action in any appropriate district court of the United States if the Attorney General has reasonable cause to believe that any health care provider covered by subsection (a)-- (i) is engaged in a pattern or practice that violates such subsection; or (ii) is engaged in a violation of such subsection that raises an issue of significant public importance. (B) Cases by referral.--The Director may determine, based on a pattern of complaints, a pattern of violations, a review of data reported by a health care provider covered by subsection (a), or any other means, that there is reasonable cause to believe a health care provider is engaged in a pattern or practice that violates subsection (a). If the Director makes such a determination, the Director shall refer the related findings to the Attorney General. If the Attorney General finds that such reasonable cause exists, the Attorney General may commence a civil action in any appropriate district court of the United States. (2) Enforcement of subpoenas.--The Attorney General, on behalf of the Director, or another party at whose request a subpoena is issued under this subsection, may enforce such subpoena in appropriate proceedings in the district court of the United States for the district in which the person to whom the subpoena was addressed resides, was served, or transacts business. (3) Relief which may be granted in civil actions.-- (A) In general.--In a civil action under paragraph (1), the court-- (i) may award such preventive relief, including a permanent or temporary injunction, temporary restraining order, or other order against the person responsible for a violation of subsection (a) as is necessary to assure the full enjoyment of the rights granted by this subsection; (ii) may award such other relief as the court determines to be appropriate, including monetary damages, to aggrieved persons; and (iii) may, to vindicate the public interest, assess punitive damages against the respondent-- (I) in an amount not exceeding $500,000, for a first violation; and (II) in an amount not exceeding $1,000,000, for any subsequent violation. (B) Fees and costs.--In a civil action under this subsection, the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney's fee and costs. The United States shall be liable for such fees and costs to the extent provided by section 2412 of title 28, United States Code. (4) Intervention in civil actions.--Upon timely application, any person may intervene in a civil action commenced by the Attorney General under paragraphs (1) and (2) if the action involves an alleged violation of subsection (a) with respect to which such person is an aggrieved person (including a person who is a complainant under subsection (b)) or a conciliation agreement to which such person is a party. (e) Definitions.--In this section: (1) Aggrieved person.--The term ``aggrieved person'' means-- (A) a person who believes that the person was or will be injured in violation of subsection (a); or (B) the personal representative or estate of a deceased person who was injured in violation of subsection (a). (2) Director.--The term ``Director'' refers to the Director for Civil Rights and Health Equity of the Department of Health and Human Services. (3) Disability.--The term ``disability'' has the meaning given such term in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102). (4) Conciliation.--The term ``conciliation'' means the attempted resolution of issues raised by a complaint, or by the investigation of such complaint, through informal negotiations involving the complainant, the respondent, and the Secretary. (5) Conciliation agreement.--The term ``conciliation agreement'' means a written agreement setting forth the resolution of the issues in conciliation. (6) Individually identifiable health information.--The term ``individually identifiable health information'' means any information, including demographic information collected from an individual-- (A) that is created or received by a health care provider covered by subsection (a), health plan, employer, or health care clearinghouse; (B) that relates to the past, present, or future physical or mental health or condition of, the provision of health care to, or the past, present, or future payment for the provision of health care to, the individual; and (C)(i) that identifies the individual; or (ii) with respect to which there is a reasonable basis to believe that the information can be used to identify the individual. (7) Provision of inequitable health care.--The term ``provision of inequitable health care'' means the provision of any health care service, by a health care provider in a manner that-- (A) fails to meet a high-quality care standard, meaning the health care provider fails to-- (i) avoid harm to patients as a result of the health services that are intended to help the patient; (ii) provide health services based on scientific knowledge to all and to all patients who benefit; (iii) refrain from providing services to patients not likely to benefit; (iv) provide care that is responsive to patient preferences, needs, and values; and (v) avoids waits or delays in care; and (B) is discriminatory in intent or effect based at least in part on a basis specified in subsection (a). (8) Respondent.--The term ``respondent'' means the person or other entity accused in a complaint of a violation of subsection (a). (9) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (10) Social determinants of health.--The term ``social determinants of health'' means conditions in the environments in which individuals live, work, attend school, and worship, that affect a wide range of health, functioning, and quality- of-life outcomes and risks. (f) Rule of Construction.--Nothing in this section shall be construed as repealing or limiting the effect of title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000b et seq.), section 1557 of the Patient Protection and Affordable Care Act (42 U.S.C. 18116), section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), or the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.). SEC. 8. FEDERAL HEALTH EQUITY COMMISSION. (a) Establishment of Commission.-- (1) In general.--There is established the Federal Health Equity Commission (in this section referred to as the ``Commission''). (2) Membership.-- (A) In general.--The Commission shall be composed of-- (i) 8 voting members appointed under subparagraph (B); and (ii) the nonvoting, ex officio members listed in subparagraph (C). (B) Voting members.--Not more than 4 of the members described in subparagraph (A)(i) shall at any one time be of the same political party. Such members shall have recognized expertise in and personal experience with racial and ethnic health inequities, health care needs of vulnerable and marginalized populations, and health equity as a vehicle for improving health status and health outcomes. Such members shall be appointed to the Commission as follows: (i) 4 members of the Commission shall be appointed by the President. (ii) 2 members of the Commission shall be appointed by the President pro tempore of the Senate, upon the recommendations of the majority leader and the minority leader of the Senate. Each member appointed to the Commission under this clause shall be appointed from a different political party. (iii) 2 members of the Commission shall be appointed by the Speaker of the House of Representatives upon the recommendations of the majority leader and the minority leader of the House of Representatives. Each member appointed to the Commission under this clause shall be appointed from a different political party. (C) Ex officio member.--The Commission shall have the following nonvoting, ex officio members: (i) The Director for Civil Rights and Health Equity of the Department of Health and Human Services. (ii) The Deputy Assistant Secretary for Minority Health of the Department of Health and Human Services. (iii) The Director of the National Institute on Minority Health and Health Disparities. (iv) The Chairperson of the Advisory Committee on Minority Health established under section 1707(c) of the Public Health Service Act (42 U.S.C. 300u-6(c)). (3) Terms.--The term of office of each member appointed under paragraph (2)(B) of the Commission shall be 6 years. (4) Chairperson; vice chairperson.-- (A) Chairperson.--The President shall, with the concurrence of a majority of the members of the Commission appointed under paragraph (2)(B), designate a Chairperson from among the members of the Commission appointed under such paragraph. (B) Vice chairperson.-- (i) Designation.--The Speaker of the House of Representatives shall, in consultation with the majority leaders and the minority leaders of the Senate and the House of Representatives and with the concurrence of a majority of the members of the Commission appointed under paragraph (2)(B), designate a Vice Chairperson from among the members of the Commission appointed under such paragraph. The Vice Chairperson may not be a member of the same political party as the Chairperson. (ii) Duty.--The Vice Chairperson shall act in place of the Chairperson in the absence of the Chairperson. (5) Removal of members.--The President may remove a member of the Commission only for neglect of duty or malfeasance in office. (6) Quorum.--A majority of members of the Commission appointed under paragraph (2)(B) shall constitute a quorum of the Commission, but a lesser number of members may hold hearings. (b) Duties of the Commission.-- (1) In general.--The Commission shall-- (A) monitor and report on the implementation of this Act; and (B) investigate, monitor, and report on progress towards health equity and the elimination of health disparities. (2) Annual report.--The Commission shall-- (A) submit to the President and Congress at least one report annually on health equity and health disparities; and (B) include in such report-- (i) a description of actions taken by the Department of Health and Human Services and any other Federal agency related to health equity or health disparities; and (ii) recommendations on ensuring equitable health care and eliminating health disparities. (c) Powers.-- (1) Hearings.-- (A) In general.--The Commission or, at the direction of the Commission, any subcommittee or member of the Commission, may, for the purpose of carrying out this section, as the Commission or the subcommittee or member considers advisable-- (i) hold such hearings, meet and act at such times and places, take such testimony, receive such evidence, and administer such oaths; and (ii) require, by subpoena or otherwise, the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, documents, tapes, and materials. (B) Limitation on hearings.--The Commission may hold a hearing under subparagraph (A)(i) only if the hearing is approved-- (i) by a majority of the members of the Commission appointed under subsection (a)(2)(B); or (ii) by a majority of such members present at a meeting when a quorum is present. (2) Issuance and enforcement of subpoenas.-- (A) Issuance.--A subpoena issued under paragraph (1) shall-- (i) bear the signature of the Chairperson of the Commission; and (ii) be served by any person or class of persons designated by the Chairperson for that purpose. (B) Enforcement.--In the case of contumacy or failure to obey a subpoena issued under paragraph (1), the United States district court for the district in which the subpoenaed person resides, is served, or may be found may issue an order requiring the person to appear at any designated place to testify or to produce documentary or other evidence. (C) Noncompliance.--Any failure to obey the order of the court may be punished by the court as a contempt of court. (3) Witness allowances and fees.-- (A) In general.--Section 1821 of title 28, United States Code, shall apply to a witness requested or subpoenaed to appear at a hearing of the Commission. (B) Expenses.--The per diem and mileage allowances for a witness shall be paid from funds available to pay the expenses of the Commission. (4) Postal services.--The Commission may use the United States mails in the same manner and under the same conditions as other agencies of the Federal Government. (5) Gifts.--The Commission may accept, use, and dispose of gifts or donations of services or property. (d) Administrative Provisions.-- (1) Staff.-- (A) Director.--There shall be a full-time staff director for the Commission who shall-- (i) serve as the administrative head of the Commission; and (ii) be appointed by the Chairperson with the concurrence of the Vice Chairperson. (B) Other personnel.--The Commission may-- (i) appoint such other personnel as it considers advisable, subject to the provisions of title 5, United States Code, governing appointments in the competitive service, and the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates; and (ii) may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals not in excess of the daily equivalent paid for positions at the maximum rate for GS-15 of the General Schedule under section 5332 of title 5, United States Code. (2) Compensation of members.-- (A) Non-federal employees.--Each member of the Commission who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the performance of the duties of the Commission. (B) Federal employees.--Each member of the Commission who is an officer or employee of the Federal Government shall serve without compensation in addition to the compensation received for the services of the member as an office or employee of the Federal Government. (C) Travel expenses.--A member of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of the duties of the Commission. (3) Cooperation.--The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out this Act. Upon request of the Chairman of the Commission, the head of such department or agency shall furnish such information to the Commission. (e) Permanent Commission.--Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission. (f) Authorization of Appropriations.--There are authorized to be appropriated for fiscal year 2022 and each fiscal year thereafter such sums as may be necessary to carry out the duties of the Commission. SEC. 9. GRANTS FOR HOSPITALS TO PROMOTE EQUITABLE HEALTH CARE AND OUTCOMES. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Health and Human Services (in this section referred to as the ``Secretary'') shall award grants to hospitals to promote equitable health care treatment and services, and reduce disparities in care and outcomes. (b) Consultation.--In establishing the criteria for grants under this section and evaluating applications for such grants, the Secretary shall consult with the Director for Civil Rights and Health Equity of the Department of Health and Human Services. (c) Use of Funds.--A hospital shall use funds received from a grant under this section to establish or expand programs to provide equitable health care to all patients and to ensure equitable health care outcomes. Such uses may include-- (1) providing explicit and implicit bias training to medical providers and staff; (2) providing translation or interpretation services for patients; (3) recruiting and training a diverse workforce; (4) tracking data related to care and outcomes; and (5) training on cultural sensitivity. (d) Priority.--In awarding grants under this section, the Secretary shall give priority to hospitals that have received disproportionate share hospital payments under section 1886(r) of the Social Security Act (42 U.S.C. 1395ww(r)) or section 1923 of such Act (42 U.S.C. 1396r- 4) with respect to fiscal year 2021. (e) Supplement, Not Supplant.--Grants awarded under this section shall be used to supplement, not supplant, any nongovernment efforts, or other Federal, State, or local funds provided to a recipient. (f) Equitable Health Care Defined.--The term ``equitable health care'' has the meaning given such term in section 1886(b)(3)(B)(viii)(XIII)(cc) of the Social Security Act (42 U.S.C. 1395ww(b)(3)(B)(viii)(XIII)(cc)), as added by section 4(a). (g) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2022 through 2027. <all>

Equal Health Care for All Act

A bill to prohibit discrimination in health care and require the provision of equitable health care, and for other purposes.

Equal Health Care for All Act

Sen. Padilla, Alex

D

CA

H.R.6434

Public Lands and Natural Resources

Japanese American World War II History Network Act This bill directs the Department of the Interior to establish the Japanese American World War II History Network within the National Park Service. In carrying out the network, Interior shall

To direct the Secretary of the Interior to establish, within the National Park Service, the Japanese American World War II History Network, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Japanese American World War II History Network Act''. SEC. 2. JAPANESE AMERICAN WORLD WAR II HISTORY NETWORK. (a) Establishment.--The Secretary of the Interior (hereinafter referred to as the ``Secretary'') shall establish, within the National Park Service, a program to be known as the ``Japanese American World War II History Network'' (hereinafter referred to as the ``Network''). (b) Duties of Secretary.--In carrying out the Network, the Secretary shall-- (1) review studies and reports to complement and not duplicate studies of Japanese American World War II history and Japanese American experiences during World War II, including studies related to relocation centers and confinement sites, that are underway or completed; (2) produce and disseminate appropriate educational materials, such as handbooks, maps, interpretive guides, or electronic information relating to Japanese American World War II history and Japanese American experiences during the war, including relocation centers and confinement sites; (3) enter into appropriate cooperative agreements and memoranda of understanding to provide technical assistance under subsection (c); and (4)(A) create and adopt an official, uniform symbol or device for the Network; and (B) issue regulations for the use of the symbol or device adopted under subparagraph (A). (c) Elements.--The Network shall encompass the following elements: (1) All units and programs of the National Park Service that are determined by the Secretary to relate to Japanese American World War II history and Japanese American experiences during the war, including relocation centers and confinement sites. (2) With the consent of the property owner, other Federal, State, local, Tribal, and privately owned properties that-- (A) relate to Japanese American World War II history and Japanese experiences during the war, including relocation centers and confinement sites; (B) have a verifiable connection to Japanese American World War II history and Japanese experiences during the war, including relocation and confinement sites; and (C) are included in, or determined by the Secretary to be eligible for inclusion in, the National Register of Historic Places. (3) Other governmental and nongovernmental facilities and programs of an educational, research, or interpretive nature that are directly related to Japanese American World War II history and the experiences of Japanese Americans during the war, including relocation centers and confinement sites. SEC. 3. COOPERATIVE AGREEMENTS AND MEMORANDA OF UNDERSTANDING. To achieve the purposes of this Act and to ensure effective coordination of the Federal and non-Federal elements of the Network described in section 2(c) with units of the National Park System and programs of the National Park Service, including the Japanese American Confinement Sites Program, the Secretary may enter into cooperative agreements and memoranda of understanding with, and provide technical assistance to the heads of other Federal agencies, States, units of local government, Tribes, regional governmental bodies, and private entities. SEC. 4. SUNSET. The authority of the Secretary under this Act shall expire 7 years after the date of the enactment of this Act. Calendar No. 514 117th CONGRESS 2d Session H. R. 6434 [Report No. 117-172] _______________________________________________________________________

Japanese American World War II History Network Act

To direct the Secretary of the Interior to establish, within the National Park Service, the Japanese American World War II History Network, and for other purposes.

Japanese American World War II History Network Act Japanese American World War II History Network Act Japanese American World War II History Network Act Japanese American World War II History Network Act

Rep. Obernolte, Jay

R

CA

H.R.1771

Armed Forces and National Security

Defending Veterans' Second Amendment Rights Act This bill prohibits the Department of Veterans Affairs from transmitting personally identifiable information of veterans or their beneficiaries to the national instant criminal background check system utilized by licensed importers or dealers of firearms solely on the basis that a veteran has a service-connected disability.

To prohibit the Secretary of Veterans Affairs from transmitting certain information to the Department of Justice for use by the national instant criminal background check system. Be it enacted by the Senate 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 Veterans' Second Amendment Rights Act''. SEC. 2. PROHIBITION ON SECRETARY OF VETERANS AFFAIRS TRANSMITTAL OF CERTAIN INFORMATION TO THE DEPARTMENT OF JUSTICE FOR USE BY THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM. The Secretary of Veterans Affairs may not transmit to any entity in the Department of Justice, for use by the national instant criminal background check system established under section 103 of the Brady Handgun Violence Prevention Act, personally identifiable information on veterans and other beneficiaries, solely on the basis of a determination by the Secretary under chapter 11 of title 38, United States Code, that a person has a service-connected disability. <all>

Defending Veterans’ Second Amendment Rights Act

To prohibit the Secretary of Veterans Affairs from transmitting certain information to the Department of Justice for use by the national instant criminal background check system.

Defending Veterans’ Second Amendment Rights Act

Rep. Roy, Chip

R

TX