Unnamed: 0
int64 0
11.4k
| index
int64 0
15.2k
| id
stringlengths 3
11
| policy_areas
stringlengths 3
43
| cur_summary
stringlengths 18
105k
⌀ | cur_text
stringlengths 325
6.47M
| title
stringlengths 5
656
| titles_official
stringlengths 25
1.18k
| titles_short
stringlengths 8
3.77k
⌀ | sponsor_name
stringlengths 13
47
| sponsor_party
stringclasses 3
values | sponsor_state
stringlengths 2
2
|
---|---|---|---|---|---|---|---|---|---|---|---|
1,100 | 3,549 | S.4034 | Transportation and Public Works | Hammers' Law
This bill makes additional compensation recoverable for nonpecuniary damages (but not punitive damages) for deaths resulting from a passenger cruise ship voyage accident occurring on the high seas beyond 12 nautical miles from the U.S. shore. | To provide authorization for nonpecuniary damages in an action
resulting from a cruise ship voyage occurring on the high seas.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hammers' Law''.
SEC. 2. LIMITATIONS IN CERTAIN CASES.
(a) In General.--Section 30307 of title 46, United States Code, is
amended--
(1) in the section heading, by striking ``Commercial
aviation accidents'' and inserting ``Limitations in certain
cases'';
(2) by striking subsection (a) and inserting the following:
``(a) Definitions.--In this section:
``(1) Cruise ship.--The term `cruise ship' means a
passenger vessel, other than a vessel of the United States
operated by the Federal Government or a vessel owned and
operated by a State, that--
``(A) is authorized to carry at least 250
passengers;
``(B) has onboard sleeping facilities for each
passenger;
``(C) is on a voyage that embarks or disembarks
passengers in the United States; and
``(D) is not engaged on a coastwise voyage.
``(2) Nonpecuniary damages.--The term `nonpecuniary
damages' means damages for loss of care, comfort, and
companionship.'';
(3) in subsection (b), by inserting ``or cruise ship
voyage'' after ``commercial aviation''; and
(4) in subsection (c), by inserting ``or cruise ship
voyage'' after ``commercial aviation''.
(b) Clerical Amendment.--The table of sections for chapter 303 of
title 46, United States Code, is amended by striking the item relating
to section 30307 and inserting the following:
``30307. Limitations in certain cases.''.
<all> | Hammers' Law | A bill to provide authorization for nonpecuniary damages in an action resulting from a cruise ship voyage occurring on the high seas. | Hammers' Law | Sen. Fischer, Deb | R | NE |
1,101 | 167 | S.744 | Education | Report and Educate About Campus Hazing Act or the REACH Act
This bill requires institutions of higher education (IHEs) that participate in federal student-aid programs to report hazing incidents and implement hazing education programs.
Specifically, the bill requires each IHE to disclose hazing incidents that were reported to campus officials in its annual security report. The bill defines the term hazing to mean any intentional, knowing, or reckless act committed by a student, or a former student, of an IHE against another student (regardless of that student's willingness to participate), that (1) is connected with an initiation into, an affiliation with, or the maintenance of membership in an organization that is affiliated with the IHE (e.g., an athletic team); and (2) contributes to a substantial risk of physical injury, mental harm, or degradation or causes physical injury, mental harm, or personal degradation.
In addition, each IHE must implement a comprehensive program to prevent hazing, which must include information on hazing awareness, hazing prevention, and the IHE's policies on hazing. | To amend the Higher Education Act of 1965 to require institutions of
higher education to disclose hazing incidents, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Report and Educate About Campus
Hazing Act'' or the ``REACH Act''.
SEC. 2. INCLUSION OF HAZING INCIDENTS IN ANNUAL SECURITY REPORTS.
Section 485(f)(1)(F) of the Higher Education Act of 1965 (20 U.S.C.
1092(f)(1)(F)) is amended--
(1) in clause (i)(IX), by striking ``and'' after the
semicolon;
(2) in clause (ii), by striking ``and'' after the
semicolon;
(3) in clause (iii), by striking the period at the end and
inserting ``; and''; and
(4) by adding at the end the following:
``(iv) of hazing incidents that were reported to a
campus official.''.
SEC. 3. DEFINITION OF HAZING.
Section 485(f)(6)(A) of the Higher Education Act of 1965 (20 U.S.C.
1092(f)(6)(A)) is amended--
(1) by redesignating clauses (iii) through (v) as clauses
(iv) through (vi), respectively; and
(2) by inserting after clause (ii) the following:
``(iii) The term `hazing' means any intentional,
knowing, or reckless act committed by a student, or a
former student, of an institution of higher education,
whether individually or in concert with other persons,
against another student (regardless of that student's
willingness to participate), that--
``(I) was committed in connection with an
initiation into, an affiliation with, or the
maintenance of membership in, any organization
that is affiliated with such institution of
higher education (including any athletic team
affiliated with that institution); and
``(II) contributes to a substantial risk of
physical injury, mental harm, or degradation or
causes physical injury, mental harm, or
personal degradation.''.
SEC. 4. RECORDING OF HAZING INCIDENTS.
Section 485(f)(7) of the Higher Education Act of 1965 (20 U.S.C.
1092(f)(7)) is amended by inserting after the second sentence the
following: ``For hazing incidents, such statistics shall be compiled in
accordance with the definition of that term in paragraph
(6)(A)(iii).''.
SEC. 5. EDUCATIONAL PROGRAM ON HAZING.
Section 485(f)(8)(B)(i) of the Higher Education Act of 1965 (20
U.S.C. 1092(f)(8)(B)(i)) is amended--
(1) in the matter preceding subclause (I), by striking
``and stalking'' and inserting ``stalking, and hazing'';
(2) in subclause (I)(ff), by striking ``and'' after the
semicolon;
(3) in subclause (II), by striking the period at the end
and inserting ``; and''; and
(4) by adding at the end the following:
``(III) a comprehensive program to prevent
hazing that shall--
``(aa) be a campus-wide program for
students, staff, faculty, and other
campus stakeholders (such as alumni and
families of students);
``(bb) be a research-based program;
``(cc) be designed and implemented
in partnership with a broad coalition
of campus stakeholders, including
leadership of the institution, faculty,
staff, students, alumni, and families
of students;
``(dd) include information on
hazing awareness, hazing prevention,
the institution's policies on hazing,
how to report hazing, and the process
used to investigate hazing; and
``(ee) include skill building for
bystander intervention, information
about ethical leadership, and the
promotion of strategies for building
group cohesion without hazing.''.
<all> | Report and Educate About Campus Hazing Act | A bill to amend the Higher Education Act of 1965 to require institutions of higher education to disclose hazing incidents, and for other purposes. | REACH Act
Report and Educate About Campus Hazing Act | Sen. Klobuchar, Amy | D | MN |
1,102 | 13,627 | H.R.4506 | Armed Forces and National Security | Veterans' Access to Care Concerning Inoculations Needed in Emergency Situations Act or the VACCINES Act
This bill requires the Department of Veterans Affairs (VA) to furnish specified care during a public health emergency declared by a federal authority. Specifically, during such emergency, the VA must furnish to veterans (1) diagnostic products to detect the disease relating to the emergency, and (2) vaccinations for such disease.
The VA may not require any copayment or other cost sharing for any diagnostic product or vaccine furnished under this bill.
Additionally, the VA must conduct outreach to ensure that veterans are aware of the diagnostic products and vaccines available during the public health emergency. | To direct the Secretary of Veterans Affairs to furnish tests and
vaccinations to veterans during public health emergencies.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans' Access to Care Concerning
Inoculations Needed in Emergency Situations Act'' or the ``VACCINES
Act''.
SEC. 2. TESTING AND VACCINATIONS OF VETERANS DURING PUBLIC HEALTH
EMERGENCY.
(a) In General.--Subchapter II of chapter 17 of title 38, United
States Code, is amended by adding at the end the following new section:
``Sec. 1720K. Testing and vaccinations during public health emergency
``(a) Testing and Vaccinations.--During a public health emergency,
the Secretary shall furnish to veterans--
``(1) diagnostic products to detect the disease relating to
the emergency; and
``(2) vaccinations for such disease.
``(b) Prohibition on Copayments.--The Secretary may not require any
copayment or other cost sharing under this chapter for any diagnostic
product or vaccine furnished under subsection (a).
``(c) Outreach.--The Secretary shall conduct outreach to ensure
that veterans are aware of the diagnostic products and vaccines
furnished under subsection (a) during a public health emergency.
``(d) Definitions.--In this section:
``(1) The term `public health emergency' means a period in
which an emergency is declared by a Federal authority.
``(2) The term `veteran' includes--
``(A) any veteran without regard to whether the
veteran is enrolled, or is eligible to enroll, in the
system of annual patient enrollment of the Department
established and operated under section 1705(a) of this
title; and
``(B) a veteran who is eligible for care under
section 1724.''.
(b) Clerical Amendment.--The table of sections at the beginning of
subchapter II of chapter 17 of such title is amended by inserting after
the item relating to section 1720J the following new item:
``1720K. Testing and vaccinations during public health emergency.''.
<all> | VACCINES Act | To direct the Secretary of Veterans Affairs to furnish tests and vaccinations to veterans during public health emergencies. | VACCINES Act
Veterans’ Access to Care Concerning Inoculations Needed in Emergency Situations Act | Rep. Amodei, Mark E. | R | NV |
1,103 | 7,976 | H.R.7945 | Armed Forces and National Security | Military Access to Reproductive Care and Health for Military Servicemembers Act or the MARCH for Military Servicemembers Act
This bill repeals the restriction on utilizing Department of Defense funds and facilities for performing abortions. The restriction only allows such funds and facilities to be used for abortions in cases of rape, incest, or where the mother's life is endangered. | To amend title 10, United States Code, regarding restrictions on the
use of funds and facilities of the Department of Defense for abortion
care.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Military Access to Reproductive Care
and Health for Military Servicemembers Act'' or the ``MARCH for
Military Servicemembers Act''.
SEC. 2. RESTORATION OF PREVIOUS POLICY REGARDING RESTRICTION ON USE OF
MEDICAL FACILITIES AND FUNDS OF DEPARTMENT OF DEFENSE FOR
ABORTION CARE.
(a) Repeal.--Section 1093 of title 10, United States Code, is
repealed.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 55 of such title is amended by striking the item relating to
section 1093.
<all> | MARCH for Military Servicemembers Act | To amend title 10, United States Code, regarding restrictions on the use of funds and facilities of the Department of Defense for abortion care. | MARCH for Military Servicemembers Act
Military Access to Reproductive Care and Health for Military Servicemembers Act | Rep. Speier, Jackie | D | CA |
1,104 | 13,317 | H.R.5546 | Health | Preventing Opportunities for Teen E-Cigarette and Tobacco Addiction Act or the PROTECT Act
This bill requires the Centers for Disease Control and Prevention (CDC) to develop a strategy and carry out a specific initiative to prevent and reduce the use of electronic cigarettes and emerging tobacco products among youth and young adults.
As part of the initiative, the CDC must | To amend the Public Health Service Act to provide for a Reducing Youth
Use of E-Cigarettes Initiative.
Be it enacted by the Senate 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 Opportunities for Teen E-
Cigarette and Tobacco Addiction Act'' or the ``PROTECT Act''.
SEC. 2. REDUCING YOUTH USE OF E-CIGARETTES INITIATIVE.
The Public Health Service Act is amended by inserting after section
317U of such Act (42 U.S.C. 247b-23) the following:
``SEC. 317V. REDUCING YOUTH USE OF E-CIGARETTES INITIATIVE.
``(a) In General.--The Secretary, acting through the Director of
the Centers for Disease Control and Prevention, shall carry out an
initiative, to be known as the Reducing Youth Use of E-Cigarettes
Initiative, which shall include the following:
``(1) Conducting research, (including by enhancing State-
level surveillance and by using rapid surveillance methods) on
use by youth and young adults of electronic cigarettes and
emerging tobacco products, including research on--
``(A) the types of products youth and young adults
use;
``(B) patterns of products used by youth and young
adults, including initiation, frequency of use, use in
combination with other tobacco products, and use of
flavors;
``(C) the association between the use by youth and
young adults of electronic cigarettes and smoking
initiation;
``(D) use of electronic cigarettes and emerging
tobacco products among different demographic groups;
``(E) the means by which youth and young adults
access electronic cigarettes and emerging tobacco
products, and methods of distribution of electronic
cigarettes and emerging tobacco products;
``(F) youth and young adult exposure to advertising
of electronic cigarettes and emerging tobacco products;
``(G) marketing and advertising strategies used by
manufacturers, including the channels and messaging
used and strategies that target different demographic
groups;
``(H) the reasons youth and young adults use such
products;
``(I) the extent to which youth and young adult
electronic cigarette users are nicotine dependent;
``(J) patterns of youth and young adult electronic
cigarette cessation behaviors, including patterns in
motivation to quit, quit attempts, successful
cessation, and associated factors; and
``(K) resources youth and young adults are using to
quit tobacco use.
``(2) Conducting research on--
``(A) the characteristics and nicotine delivery
technology of electronic cigarettes and emerging
tobacco products;
``(B) biomarkers of exposure to electronic
cigarettes and emerging tobacco products and resulting
health impacts from such exposure; and
``(C) the levels of nicotine in electronic
cigarettes and emerging tobacco products.
``(3) Developing and disseminating guidance for health care
providers, schools, and other entities as appropriate on
intervening with, and treating, youth and young adults who use
electronic cigarettes and other emerging tobacco products.
``(4) Identifying promising strategies to--
``(A) prevent and reduce the use by youth and young
adults of electronic cigarettes and emerging tobacco
products;
``(B) identify and develop cessation strategies and
quit support that are appropriate for youth and young
adults; and
``(C) improve access to, and the delivery of
tobacco cessation services for, youth and young adults,
including the use of technology-delivered services.
``(5) Identifying effective messages and communication
efforts that prevent initiation of tobacco product use and
reduce use, including the use of electronic cigarettes and
emerging tobacco products, among youth and young adults.
``(6) Developing and implementing a campaign, in
coordination with the Surgeon General, to reduce tobacco
initiation and use by youth and young adults, and to educate
the public about--
``(A) the rapidly evolving tobacco product
landscape;
``(B) the harms associated with the use by youth
and young adults of electronic cigarettes and other
emerging tobacco products; and
``(C) culturally competent strategies for
intervening with youth and young adults who use tobacco
and providing or directing them to appropriate
cessation services.
``(7) Continuing to provide funding through the Centers for
Disease Control and Prevention's National Tobacco Control
Program cooperative agreement to State, local, territorial, and
island health departments and Tribal organizations, as
appropriate, for--
``(A) preventing and reducing the use by youth and
young adults of electronic cigarettes and emerging
tobacco products; and
``(B) improving access to and delivery of cessation
services that are appropriate for youth and young
adults addicted to nicotine, including through
quitlines and provider education on cessation services
available through the Medicaid program under title XIX
of the Social Security Act and the Children's Health
Insurance Program under title XXI of such Act.
``(8) Evaluating State, community, and school-based
strategies for--
``(A) preventing the initiation and use of
electronic cigarettes and emerging tobacco products
among youth and young adults; and
``(B) intervening with youth and young adults who
use tobacco and providing or directing them to
appropriate cessation services.
``(b) No Duplication.--The Secretary shall ensure that activities
under this section do not duplicate other activities of the Department
of Health and Human Services.
``(c) Strategy.--Not later than 90 days after the date of enactment
of this section, the Secretary shall submit to the Committee on Health,
Education, Labor, and Pensions of the Senate and the Committee on
Energy and Commerce of the House of Representatives, and make available
to the public on the internet website of the Department of Health and
Human Services, a strategy for carrying out the Reducing Youth Use of
E-Cigarettes Initiative.
``(d) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated $100,000,000 for each of fiscal
years 2022 through 2026.''.
<all> | PROTECT Act | To amend the Public Health Service Act to provide for a Reducing Youth Use of E-Cigarettes Initiative. | PROTECT Act
Preventing Opportunities for Teen E-Cigarette and Tobacco Addiction Act | Rep. Wasserman Schultz, Debbie | D | FL |
1,105 | 11,045 | H.R.9304 | Immigration | Funding Attorneys for Indigent Removal (FAIR) Proceedings Act
This bill expands access to counsel for non-U.S. nationals (aliens under federal law) in immigration proceedings and provides protections related to such proceedings.
Such an individual shall have the privilege of being represented by counsel in any immigration proceeding, whereas currently this privilege is statutorily provided for only in removal proceedings.
Similarly, the Department of Justice (DOJ) may provide counsel at government expense to individuals in any immigration proceeding, whereas currently DOJ is statutorily authorized to provide counsel only for removal proceedings and at no expense to the government.
Under this bill, DOJ shall provide counsel to children and vulnerable individuals in such proceedings, at government expense if necessary. If DOJ fails to do so, certain limits on filing a motion to reopen removal proceedings (such as the time limit for filing) shall not apply, and the individual's removal shall be stayed upon the motion's filing.
The bill establishes the Immigration Counsel Account to be used to provide counsel under this bill. A portion of certain immigration fees shall be deposited into the account.
The Department of Homeland Security (DHS) shall provide each individual, generally at the beginning of proceedings, a complete copy of the individual's case file in DHS possession, unless the individual waives this right in writing. Failure to provide such documents shall delay the individual's removal proceeding.
DHS shall facilitate for all detained individuals access to counsel and programs that inform such individuals of their immigration-related rights and obligations. | To amend the Immigration and Nationality Act to provide access to
counsel for children and other vulnerable populations, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Funding Attorneys for Indigent
Removal (FAIR) Proceedings Act''.
SEC. 2. IMPROVING IMMIGRATION COURT EFFICIENCY AND REDUCING COSTS BY
INCREASING ACCESS TO LEGAL INFORMATION.
(a) Appointment of Counsel in Certain Cases; Right To Review
Certain Documents in Removal Proceedings.--Section 240(b) of the
Immigration and Nationality Act (8 U.S.C. 1229a(b)) is amended--
(1) in paragraph (4)--
(A) in subparagraph (A)--
(i) by striking ``, at no expense to the
Government,''; and
(ii) by striking the comma at the end and
inserting a semicolon;
(B) by redesignating subparagraphs (B) and (C) as
subparagraphs (D) and (E), respectively;
(C) by inserting after subparagraph (A) the
following:
``(B) the Attorney General may appoint or provide
counsel, at Government expense, to aliens in
immigration proceedings;
``(C) the alien shall, at the beginning of the
proceedings or as expeditiously as possible,
automatically receive a complete copy of all relevant
documents in the possession of the Department of
Homeland Security, including all documents (other than
documents protected from disclosure by privilege,
including national security information referred to in
subparagraph (D), law enforcement sensitive
information, and information prohibited from disclosure
pursuant to any other provision of law) contained in
the file maintained by the Government that includes
information with respect to all transactions involving
the alien during the immigration process (commonly
referred to as an `A-file'), and all documents
pertaining to the alien that the Department of Homeland
Security has obtained or received from other government
agencies, unless the alien waives the right to receive
such documents by executing a knowing and voluntary
written waiver in a language that he or she understands
fluently;''; and
(D) in subparagraph (D), as redesignated, by
striking ``, and'' and inserting ``; and''; and
(2) by adding at the end the following:
``(8) Failure to provide alien required documents.--In the
absence of a waiver under paragraph (4)(C), a removal
proceeding may not proceed until the alien--
``(A) has received the documents as required under
such paragraph; and
``(B) has been provided meaningful time to review
and assess such documents.''.
(b) Clarification Regarding the Authority of the Attorney General
To Appoint Counsel to Aliens in Immigration Proceedings.--Section 292
of the Immigration and Nationality Act (8 U.S.C. 1362) is amended--
(1) by striking ``In any'' and inserting the following:
``(a) In General.--In any proceeding conducted under section 235,
236, 238, 240, 241, or any other section of this Act, including'';
(2) in subsection (a), as redesignated--
(A) by striking ``(at no expense to the
Government)''; and
(B) by striking ``he shall'' and inserting ``the
person shall''; and
(3) by adding at the end the following:
``(b) Access to Counsel.--The Attorney General may appoint or
provide counsel to aliens in any proceeding conducted under section
235, 236, 238, 240, or 241 or any other section of this Act. The
Secretary of Homeland Security shall ensure that aliens have access to
counsel inside all immigration detention and border facilities.''.
(c) Appointment of Counsel for Children and Vulnerable Aliens.--
(1) In general.--Section 292 of the Immigration and
Nationality Act (8 U.S.C. 1362), as amended by subsection (b),
is further amended by adding at the end the following:
``(c) Children and Vulnerable Aliens.--Notwithstanding subsection
(b), the Attorney General shall appoint or provide counsel, at the
expense of the Government if necessary, at the beginning of the
proceedings or as expeditiously as possible, to represent in such
proceedings any alien who has been determined by the Secretary of
Homeland Security or the Attorney General to be--
``(1) a child (as defined in section 101(b)(1) of this
Act);
``(2) a particularly vulnerable individual, such as--
``(A) a person with a disability; or
``(B) a victim of abuse, torture, or violence;
``(3) an individual whose income is at or below 200 percent
of the poverty line (as defined by the Office of Management and
Budget and revised annually in accordance with section 673(2)
of the Community Services Block Grant Act (42 U.S.C. 9902(2)))
applicable to a family of the size involved; or
``(4) an individual whose circumstances are such that the
appointment of counsel is necessary to help ensure fair
resolution and efficient adjudication of the proceedings.
``(d) Extension to Consolidated Cases.--If the Attorney General has
consolidated the case of any alien for whom counsel was appointed under
subsection (c) with that of any other alien, and that other alien does
not have counsel, then the counsel appointed under subsection (c) shall
be appointed to represent such other alien.
``(e) Authorization of Appropriations.--There is authorized to be
appropriated to the Executive Office of Immigration Review of the
Department of Justice, in addition to amounts available in the
Immigration Counsel Account under section 295, such sums as may be
necessary to carry out this section.''.
(2) Rulemaking.--The Attorney General shall promulgate
regulations to implement section 292(c) of the Immigration and
Nationality Act, as added by paragraph (1), in accordance with
the requirements set forth in section 3006A of title 18, United
States Code.
SEC. 3. ACCESS BY COUNSEL AND LEGAL ORIENTATION AT DETENTION
FACILITIES.
(a) Access to Counsel.--The Secretary of Homeland Security shall
facilitate access to counsel for all aliens detained in facilities
under the supervision of U.S. Immigration and Customs Enforcement or of
U.S. Customs and Border Protection, including providing information to
aliens in detention about legal services programs at detention
facilities.
(b) Access to Legal Orientation Programs.--The Secretary of
Homeland Security, in consultation with the Attorney General, shall
establish procedures to ensure that legal orientation programs are
available for all detained aliens, including aliens held in U.S.
Customs and Border Protection facilities, to inform such aliens of the
basic procedures of immigration hearings, their rights relating to
those hearings under Federal immigration laws, information that may
deter such aliens from filing frivolous legal claims, and any other
information that the Attorney General considers appropriate, such as a
contact list of potential legal resources and providers. Access to
legal orientation programs shall not be limited by the alien's current
immigration status, prior immigration history, or potential for
immigration relief.
SEC. 4. REPORT ON ACCESS TO COUNSEL.
(a) Report.--Not later than December 31 of each year, the Secretary
of Homeland Security, in consultation with the Attorney General, shall
prepare and submit a report to the Committee on the Judiciary of the
Senate and the Committee on the Judiciary of the House of
Representatives regarding the extent to which aliens described in
section 292(c) of the Immigration and Nationality Act, as added by
section 2(c)(1), have been provided access to counsel.
(b) Contents.--Each report submitted under paragraph (a) shall
include, for the immediately preceding 1-year period--
(1) the number and percentage of aliens described in
paragraphs (1), (2), (3), and (4), respectively, of section
292(c) of the Immigration and Nationality Act, as added by
section 2(c)(1), who were represented by counsel, including
information specifying--
(A) the stage of the legal process at which the
alien was represented; and
(B) whether the alien was in government custody;
and
(2) the number and percentage of aliens who received legal
orientation presentations.
SEC. 5. MOTIONS TO REOPEN.
Section 240(c)(7)(C) of the Immigration and Nationality Act (8
U.S.C. 1229a(c)(7)(C)) is amended by adding at the end the following:
``(v) Special rule for aliens entitled to
appointment of counsel.--If the Attorney
General fails to appoint counsel for an alien
in violation of section 292(c)--
``(I) no limitation under this
paragraph pertaining to the filing of
any motion under this paragraph by such
alien shall apply; and
``(II) the filing of such a motion
shall stay the removal of the alien.''.
SEC. 6. IMMIGRATION COUNSEL ACCOUNT.
(a) In General.--Chapter 9 of the Immigration and Nationality Act
is amended by adding at the end the following:
``SEC. 295. IMMIGRATION COUNSEL ACCOUNT.
``(a) In General.--There is established in the general fund of the
Treasury a separate account, which shall be known as the `Immigration
Counsel Account'. Amounts deposited into the Immigration Counsel
Account shall remain available until expended to provide access to
counsel when required or authorized under this Act and to facilitate
access to counsel under the Funding Attorneys for Indigent Removal
(FAIR) Proceedings Act.
``(b) Report.--At the end of each 2-year period, beginning with the
creation of Immigration Counsel Account, the Secretary of Homeland
Security, following a public rulemaking with opportunity for notice and
comment, shall submit a report to the Congress concerning the status of
the account, including any balances therein, and recommend any
adjustment in the amount of the funds required to be reserved under
section 286(m) for deposit into the account that may be required to
ensure that the amounts so reserved for the succeeding two years equal,
as closely as possible, the cost of providing access to counsel when
required or authorized under this Act and facilitating access counsel
under the Funding Attorneys for Indigent Removal (FAIR) Proceedings
Act.''.
(b) Deposits.--Section 286(m) of the Immigration and Nationality
Act (8 U.S.C. 1356(m)) is amended by adding at the end the following:
``Notwithstanding the first sentence of this subsection, beginning on
the date of the enactment of the Funding Attorneys for Indigent Removal
(FAIR) Proceedings Act, $10 from each fee for providing adjudication or
naturalization services as may be charged and collected in accordance
with this subsection shall be reserved and deposited as offsetting
receipts into the Immigration Counsel Account established under section
295.''.
(c) Table of Contents.--The table of contents for such Act is
amended by inserting after the item relating to section 294 the
following:
``Sec. 295. Immigration Counsel Account.''.
<all> | Funding Attorneys for Indigent Removal (FAIR) Proceedings Act | To amend the Immigration and Nationality Act to provide access to counsel for children and other vulnerable populations, and for other purposes. | Funding Attorneys for Indigent Removal (FAIR) Proceedings Act | Rep. McEachin, A. Donald | D | VA |
1,106 | 7,539 | H.R.2330 | Public Lands and Natural Resources | This bill prohibits the Department of the Interior, during 2021, from using the COVID-19 pandemic or any issue related to the pandemic as a basis for restricting or limiting outdoor recreational use of land or water administered by the National Park Service. | To provide that the Secretary of the Interior may not use COVID-19 as a
basis for restricting or limiting outdoor recreational use of land or
water administered by the National Park 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. COVID-19 LIMITS ON OUTDOOR RECREATIONAL USE OF NPS LANDS
PROHIBITED.
During the year 2021, the Secretary of the Interior may not use
COVID-19 (or any issue related to the COVID-19 pandemic) as a basis for
restricting or limiting outdoor recreational use of land, water, or
interests in land or water, administered by the National Park Service.
<all> | To provide that the Secretary of the Interior may not use COVID-19 as a basis for restricting or limiting outdoor recreational use of land or water administered by the National Park Service, and for other purposes. | To provide that the Secretary of the Interior may not use COVID-19 as a basis for restricting or limiting outdoor recreational use of land or water administered by the National Park Service, and for other purposes. | Official Titles - House of Representatives
Official Title as Introduced
To provide that the Secretary of the Interior may not use COVID-19 as a basis for restricting or limiting outdoor recreational use of land or water administered by the National Park Service, and for other purposes. | Rep. McClain, Lisa C. | R | MI |
1,107 | 10,155 | H.R.8977 | Public Lands and Natural Resources | Youth Coastal Fishing Program Act of 2022
This bill directs the National Oceanic and Atmospheric Administration (NOAA) to establish a program to award grants and provide technical assistance to certain entities for youth fishing projects.
In awarding grants, NOAA must prioritize applicants with proposals for youth fishing projects that focus on an underserved community. | To direct the Secretary of Commerce, acting through the Administrator
of the National Oceanic and Atmospheric Administration, to establish a
grant program to fund youth fishing projects, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Youth Coastal Fishing Program Act of
2022''.
SEC. 2. YOUTH COASTAL FISHING GRANT PROGRAM.
(a) In General.--The Secretary of Commerce, acting through the
Administrator of the National Oceanic and Atmospheric Administration
(in this section referred to as the ``Secretary''), shall establish a
program to award grants and provide technical assistance to eligible
entities for the purpose of establishing youth fishing projects.
(b) Applications.--An eligible entity seeking a grant under this
section shall submit an application at such time, in such manner, and
containing such information as the Secretary may require.
(c) Eligible Entities.--The Secretary shall, for purposes of
determining whether an entity is eligible to receive a grant under this
section, develop criteria to make that determination in consultation
with relevant offices of the National Oceanic and Atmospheric
Administration, such as the Office of Coastal Management, the National
Sea Grant Office, the National Marine Fisheries Service, and the Office
of National Marine Sanctuaries.
(d) Use of Funds.--Eligible entities receiving grants under this
section shall use grant funds for purposes related to conducting a
youth fishing project, including the--
(1) purchase or rental of fishing equipment;
(2) cost of transporting participants to and from a youth
fishing project;
(3) fees associated with boat rental, pier access, or other
facilities;
(4) fishing license purchases;
(5) fishing guide costs; or
(6) other expenses related to conducting a youth fishing
project as determined by the Secretary.
(e) Priority.--In making grants under this section, the Secretary
shall give priority to applications containing proposals for youth
fishing projects focused on an underserved community.
(f) Report.--Not later than 1 year after the date of enactment of
this Act, the Secretary shall submit to Congress a report on--
(1) which eligible entities received grants;
(2) the amount each eligible entity received;
(3) how eligible entities used funds as described in
subsection (d); and
(4) the number of participants in youth fishing projects
funded by grants under this section.
(g) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means--
(A) a nonprofit organization;
(B) an educational institution;
(C) a State, local, Tribal, or Territorial
government; or
(D) a Native Hawaiian organization.
(2) Underserved community.--The term ``underserved
community'' means populations sharing a particular
characteristic, and geographic communities, that have been
systematically denied a full opportunity to participate in
aspects of economic, social, and civic life, such as--
(A) racial and ethnic minorities;
(B) persons with access and functional needs; or
(C) persons otherwise adversely affected by
persistent poverty or inequality.
(3) Youth fishing project.--The term ``youth fishing
project'' means a project that provides youth with--
(A) a recreational fishing experience conducted
from a shore, pier, or boat located in the Great Lakes,
coastal waters, ocean waters, or a tidal river;
(B) education about marine science, conservation,
and fishing regulations; and
(C) information on where and how to continue
fishing.
(h) Funding.--
(1) Authorization of appropriations.--There is authorized
to be appropriated to carry out this section $2,000,000 for
fiscal year 2023.
(2) Availability.--Funds made available to carry out this
section shall be available until expended.
(3) Administrative costs.--Not more than 3 percent of the
amount made available for a fiscal year under paragraph (1) may
be used by the Secretary for the administrative costs of
carrying out this section.
<all> | Youth Coastal Fishing Program Act of 2022 | To direct the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration, to establish a grant program to fund youth fishing projects, and for other purposes. | Youth Coastal Fishing Program Act of 2022 | Rep. Salazar, Maria Elvira | R | FL |
1,108 | 8,232 | H.R.7139 | International Affairs | Removing Arms from Terrorists Through Sanctions Act
This bill provides statutory authority for a September 21, 2020, executive order imposing sanctions pertaining to Iran's activities relating to arms and related materiel, including transfers of such arms and materiel. | To codify Executive Order 13949.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Removing Arms from Terrorists
Through Sanctions Act''.
SEC. 2. ENACTMENT OF EXECUTIVE ORDER 13949.
(a) In General.--The provisions of Executive Order 13949 (85 Fed.
Reg. 60043; relating to blocking property of certain persons with
respect to the conventional arms activities of Iran), as in effect on
September 21, 2020, shall remain in effect, continue to apply, and are
enacted into law.
(b) Publication.--In publishing this Act in slip form and in the
United States Statutes at Large pursuant to section 112 of title 1,
United States Code, the Archivist of the United States shall include
after the date of approval at the end an appendix setting forth the
text of the Executive order referred to in subsection (a), as in effect
on September 21, 2020.
<all> | Removing Arms from Terrorists Through Sanctions Act | To codify Executive Order 13949. | Removing Arms from Terrorists Through Sanctions Act | Rep. Pfluger, August | R | TX |
1,109 | 11,527 | H.R.8168 | Environmental Protection | Save Our Sequoias Act
This bill provides for the conservation of giant sequoia trees (Sequoiadendron giganteum) in California, including by | To improve the health and resiliency of giant sequoias, and for other
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 ``Save Our Sequoias
Act''.
(b) Table of Contents.--
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Shared stewardship agreement for giant sequoias.
Sec. 4. Giant Sequoia Lands Coalition.
Sec. 5. Giant Sequoia Health and Resiliency Assessment.
Sec. 6. Giant sequoia emergency response.
Sec. 7. Giant Sequoia Reforestation and Rehabilitation Strategy.
Sec. 8. Giant Sequoia Strike Teams.
Sec. 9. Giant sequoia collaborative restoration grants.
Sec. 10. Good neighbor authority for giant sequoias.
Sec. 11. Stewardship contracting for giant sequoias.
Sec. 12. Giant Sequoia Emergency Protection Program and Fund.
Sec. 13. Authorization of appropriations.
SEC. 2. DEFINITIONS.
In this Act:
(1) Assessment.--The term ``Assessment'' means the Giant
Sequoia Health and Resiliency Assessment required by section 5.
(2) Coalition.--The term ``Coalition'' means the Giant
Sequoia Lands Coalition established under section 4.
(3) Collaborative process.--The term ``collaborative
process'' means a process relating to the management of
National Forest System lands or public lands by which a project
or forest management activity is developed and implemented by
the Secretary concerned through collaboration with multiple
interested persons representing diverse interests.
(4) Covered national forest system lands.--The term
``covered National Forest System lands'' means the proclaimed
National Forest System lands reserved or withdrawn from the
public domain of the United States covering the Sequoia
National Forest and Giant Sequoia National Monument, Sierra
National Forest, and Tahoe National Forest.
(5) Giant sequoia.--The term ``giant sequoia'' means a tree
of the species Sequoiadendron giganteum.
(6) Grove-specific hazardous fuels reduction plan.--The
term ``grove-specific hazardous fuels reduction plan'' means a
plan developed by the applicable land management agency prior
to conducting an analysis under the National Environmental
Policy Act (42 U.S.C. 4321 et seq.) to address hazardous fuels
in 1 or more giant sequoia groves.
(7) Protection project.--The term ``Protection Project''
means a Giant Sequoia Protection Project carried out under
section 6.
(8) Public lands.--The term ``public lands'' means--
(A) the Case Mountain Extensive Recreation
Management Area in California managed by the Bureau of
Land Management; and
(B) Kings Canyon National Park, Sequoia National
Park, and Yosemite National Park in California managed
by the National Park Service.
(9) Reforestation.--The term ``reforestation'' means the
act of renewing tree cover by establishing young trees through
natural regeneration, artificial or natural regeneration with
site preparation, planting or direct seeding, or vegetation
competition control following artificial or natural
regeneration.
(10) Rehabilitation.--The term ``rehabilitation'' means any
action taken during the 5-year period beginning on the last day
of a wildland fire to repair or improve fire-impacted lands
which are unlikely to recover to management-approved
conditions.
(11) Relevant congressional committees.--The term
``relevant Congressional Committees'' means--
(A) the Committees on Natural Resources,
Agriculture, and Appropriations of the House of
Representatives; and
(B) the Committees on Energy and Natural Resources,
Agriculture, Nutrition, and Forestry, and
Appropriations of the Senate.
(12) Responsible official.--The term ``responsible
official'' means an employee of the Department of the Interior
or Forest Service who has the authority to make and implement a
decision on a proposed action.
(13) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(14) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary of Agriculture, with respect to
covered National Forest System lands, or their
designee; and
(B) the Secretary of the Interior, with respect to
public lands, or their designee.
(15) Strategy.--The term ``Strategy'' means the Giant
Sequoia Reforestation and Rehabilitation Strategy established
under section 7.
(16) Strike team.--The term ``Strike Team'' means a Giant
Sequoia Strike Team established under section 8.
(17) Tribe.--The term ``Tribe'' means the Tule River Indian
Tribe of the Tule River Reservation, California.
SEC. 3. SHARED STEWARDSHIP AGREEMENT FOR GIANT SEQUOIAS.
(a) In General.--Not later than 90 days after receiving a request
from the Governor of the State of California or the Tribe, the
Secretary shall enter into an agreement with the Secretary of
Agriculture, the Governor of the State of California, and the Tribe to
jointly carry out the following:
(1) Not later than 30 days after entering into the
agreement, establish the Giant Sequoia Lands Coalition or
certify an existing group meeting the requirements of section
4(b) as the Giant Sequoia Lands Coalition.
(2) Not later than 120 days after the Giant Sequoia Lands
Coalition submits the Assessment under section 5, conduct
Protection Projects under section 6.
(3) Not later than 120 days after entering into the
agreement, begin implementing the Giant Sequoia Reforestation
and Rehabilitation Strategy under section 7.
(b) Participation.--
(1) In general.--If the Secretary has not received a
request from the Governor of the State of California or the
Tribe under subsection (a) before the date that is 90 days
after the date of enactment of this Act, the Secretary shall
enter into the agreement under subsection (a) and jointly
implement such agreement with the Secretary of Agriculture.
(2) Future participation.--If the Secretary receives a
request from the Governor of the State of California or the
Tribe any time after entering into the agreement with the
Secretary of Agriculture under paragraph (1), the Secretary
shall accept the Governor of the State of California or the
Tribe as a party to such agreement.
SEC. 4. GIANT SEQUOIA LANDS COALITION.
(a) Establishment.--
(1) In general.--In accordance with the timeline and
agreement established in section 3(a)(1), the Secretary, in
consultation with the parties to such agreement, shall
establish, and appoint members to, the Giant Sequoia Lands
Coalition.
(2) Existing coalition.--A previously established group
that meets the membership requirements under subsection (b) may
be designated by the Secretary as the Coalition under paragraph
(1) if the parties to the agreement established under section 3
approve such designation.
(b) Membership.--
(1) Members.--The Secretary shall appoint to the Coalition
1 member from each of--
(A) the National Park Service, representing Sequoia
and Kings Canyon National Parks;
(B) the National Park Service, representing
Yosemite National Park;
(C) the Forest Service, representing Sequoia
National Forest and Giant Sequoia National Monument;
(D) the Forest Service, representing Sierra
National Forest;
(E) the Forest Service, representing Tahoe National
Forest;
(F) the Bureau of Land Management, representing
Case Mountain Extensive Recreation Management Area;
(G) the Tribe, representing the Black Mountain
Grove;
(H) the State of California, representing Calaveras
Big Trees State Park;
(I) the State of California, representing Mountain
Home Demonstration State Forest;
(J) an academic institution with demonstrated
experience managing and owning a giant sequoia grove,
representing Whitaker's Research Forest; and
(K) the County of Tulare, California, representing
Balch Park.
(2) Affiliate partners.--The Coalition may designate
organizations or agencies with demonstrated experience and
knowledge on giant sequoia management and resiliency as
affiliate partners of the Coalition to enhance the work of the
Coalition under subsection (c).
(3) Local government participation.--Upon the written
request of a local government in California whose
jurisdictional boundaries encompass at least 1 giant sequoia
grove, the Secretary shall appoint 1 member from such
government to serve as a member of the Coalition, subject to
the same requirements outlined in this section.
(4) Term.--
(A) Length.--The term of an appointment as a member
of the Coalition shall be 5 years.
(B) Limit.--Members of the Coalition may serve no
more than 2 terms.
(5) Vacancy.--The Secretary shall appoint a new member to
fill a vacancy on the Coalition not later than 6 months after
the date on which such vacancy occurs.
(6) Decisions.--Decisions of the Coalition shall be made by
majority vote, a quorum of 6 members of the Coalition being
present.
(7) Meetings.--
(A) In general.--Not later than 60 days after all
members of the Coalition are appointed under subsection
(a), the Coalition shall hold its first meeting.
(B) Regular meetings.--The Coalition shall meet not
less than twice per year.
(8) Priority.--The Secretary shall appoint members under
subsection (b)(1) who have a demonstrated experience and
knowledge on managing giant sequoia groves.
(c) Duties.--The duties of the Coalition are to--
(1) carry out the Assessment under section 5;
(2) observe implementation, and provide policy
recommendations to the Secretary, with respect to--
(A) Protection Projects carried out under section
6; and
(B) the Strategy established under section 7;
(3) facilitate collaboration and coordination on Protection
Projects, particularly projects that cross jurisdictional
boundaries;
(4) facilitate information sharing, including best
available science as described in section 5(c) and mapping
resources; and
(5) support the development and dissemination of
educational materials and programs that inform the public about
the threats to the health and resiliency of giant sequoia
groves and actions being taken to reduce the risk to such
groves from high-severity wildfire, insects, and drought.
(d) Pay and Expenses.--
(1) Compensation.--
(A) Federal employee members.--All members of the
Coalition who are officers or employees of the United
States shall serve without compensation in addition to
that received for their services as officers or
employees of the United States.
(B) Non-federal employee members.--All members of
the Coalition not described in subparagraph (A) shall
serve without compensation.
(2) Reimbursement.--A member of the Coalition may be
reimbursed for travel and lodging expenses incurred while
attending a meeting of the Coalition or any other meeting of
members approved for reimbursement by the Coalition in the same
amounts and under the same conditions as Federal employees
under section 5703 of title 5, United States Code.
(3) Expenses.--The Secretary may pay the expenses of the
Coalition that the Secretary determines to be reasonable and
appropriate.
(4) Administrative support, technical services, and staff
support.--The Secretary shall make personnel of the Department
of the Interior available to the Coalition for administrative
support, technical services, development and dissemination of
educational materials, and staff support that the Secretary
determines necessary to carry out this section.
(e) Federal Advisory Committee Act.--The Federal Advisory Committee
Act (5 U.S.C. App.) shall not apply to the Coalition.
SEC. 5. GIANT SEQUOIA HEALTH AND RESILIENCY ASSESSMENT.
(a) In General.--Not later than 180 days after the first meeting of
the Coalition, the Coalition shall submit to the relevant Congressional
Committees a Giant Sequoia Health and Resiliency Assessment that, based
on the best available science--
(1) identifies--
(A) each giant sequoia grove that has experienced
a--
(i) stand-replacing disturbance; or
(ii) disturbance but continues to have
living giant sequoias within the grove,
including identifying the tree mortality and
regeneration of giant sequoias within such
grove;
(B) each giant sequoia grove that is at high risk
of experiencing a stand-replacing disturbance;
(C) lands located near giant sequoia groves that
are at risk of experiencing high-severity wildfires
that could adversely impact such giant sequoia groves;
and
(D) each giant sequoia grove that has experienced a
disturbance and is unlikely to naturally regenerate and
is in need of reforestation;
(2) analyzes the resiliency of each giant sequoia grove to
threats, such as--
(A) high-severity wildfire;
(B) insects, including beetle kill; and
(C) drought;
(3) with respect to Protection Projects, proposes a list of
highest priority Protection Projects to be carried out under
section 6, giving priority to projects located on lands
identified under subparagraphs (B) and (C) of subsection
(a)(1);
(4) examines how historical, Tribal, or current approaches
to wildland fire suppression and forest management activities
across various jurisdictions have impacted the health and
resiliency of giant sequoia groves with respect to--
(A) high-severity wildfires;
(B) insects, including beetle kill; and
(C) drought; and
(5) includes program and policy recommendations that
address--
(A) Federal and State policies that impede
activities to improve the health and resiliency of
giant sequoias and proposed policy changes to address
such impediments;
(B) new Federal and State policies necessary to
increase the pace and scale of treatments that improve
the health and resiliency of giant sequoias;
(C) options to enhance communication, coordination,
and collaboration, particularly for cross-boundary
projects, to improve the health and resiliency of giant
sequoias; and
(D) research gaps that should be addressed to
improve the best available science on the giant
sequoias.
(b) Annual Updates.--Not later than 1 year after the submission of
the Assessment under subsection (a), and annually thereafter, the
Coalition shall submit an updated Assessment to the relevant
Congressional Committees that--
(1) includes any new data, information, or best available
science that has changed or become available since the previous
Assessment was submitted;
(2) with respect to Protection Projects--
(A) includes information on the number of
Protection Projects initiated the previous year and the
estimated timeline for completing those projects;
(B) includes information on the number of
Protection Projects planned in the upcoming year and
the estimated timeline for completing those projects;
(C) provides status updates and long-term
monitoring reports on giant sequoia groves after the
completion of Protection Projects;
(D) if the Secretary concerned failed to initiate
at least 1 Protection Project each in the previous
year, a written explanation that includes--
(i) a detailed explanation of what
impediments resulted in failing to initiate at
least 1 Protection Project;
(ii) a detailed explanation of what actions
the Secretary concerned is taking to ensure
that at least 1 Protection Project is initiated
the following year; and
(iii) recommendations to Congress on any
policies that need to be changed to assist the
Secretary concerned in initiating Protection
Projects; and
(3) with respect to reforestation and rehabilitation of
giant sequoias--
(A) contains updates on the implementation of the
Strategy under section 7, including grove-level data on
reforestation and rehabilitation activities; and
(B) provides status updates and monitoring reports
on giant sequoia groves that have experienced natural
or artificial regeneration as part of the Strategy
under section 7.
(c) Dashboard.--
(1) Requirement to maintain.--The Coalition shall create
and maintain a website that--
(A) publishes the Assessment, annual updates to the
Assessment, and other educational materials developed
by the Coalition;
(B) contains searchable information about
individual giant sequoia groves, including the--
(i) resiliency of such groves to threats
described in paragraphs (1) and (2) of
subsection (a);
(ii) Protection Projects that have been
proposed, initiated, or completed in such
groves; and
(iii) reforestation and rehabilitation
activities that have been proposed, initiated,
or completed in such groves; and
(C) maintains a searchable database to track--
(i) the status of Federal environmental
reviews and authorizations for specific
Protection Projects and reforestation and
rehabilitation activities; and
(ii) the projected cost of Protection
Projects and reforestation and rehabilitation
activities.
(2) Searchable database.--The Coalition shall include
information on the status of Protection Projects in the
searchable database created under paragraph (1)(C), including--
(A) a comprehensive permitting timetable;
(B) the status of the compliance of each lead
agency, cooperating agency, and participating agency
with the permitting timetable;
(C) any modifications of the permitting timetable
required under subparagraph (A), including an
explanation as to why the permitting timetable was
modified; and
(D) information about project-related public
meetings, public hearings, and public comment periods,
which shall be presented in English and the predominant
language of the community or communities most affected
by the project, as that information becomes available.
(d) Best Available Science.--In utilizing the best available
science for the Assessment, the Coalition shall include--
(1) data and peer-reviewed research from academic
institutions with a demonstrated history of studying giant
sequoias and with experience analyzing distinct management
strategies to improve giant sequoia resiliency;
(2) traditional ecological knowledge from the Tribe related
to improving the health and resiliency of giant sequoia groves;
and
(3) data from Federal, State, Tribal, and local governments
or agencies.
(e) Technology Improvements.--In carrying out this section, the
Secretary may enter into memorandums of understanding or agreements
with other Federal agencies or departments, State or local governments,
Tribal governments, private entities, or academic institutions to
improve, with respect to the Assessment, the use and integration of--
(1) advanced remote sensing and geospatial technologies;
(2) statistical modeling and analysis; or
(3) any other technology the Secretary determines will
benefit the quality of information used in the Assessment.
(f) Planning.--The Coalition shall make information from this
Assessment available to the Secretary concerned and State of California
to integrate into the--
(1) State of California's Wildfire and Forest Resilience
Action Plan; and
(2) Forest Service's 10-year Wildfire Crisis Strategy (or
successor plan).
(g) Relation to the National Environmental Policy Act of 1969.--The
development and submission of the Assessment under subsection (a) shall
not be subject to the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
SEC. 6. GIANT SEQUOIA EMERGENCY RESPONSE.
(a) Emergency Response To Protect Giant Sequoias.--
(1) In general.--
(A) Emergency determination.--Congress determines
that--
(i) an emergency exists on public lands and
covered National Forest System lands that makes
it necessary to carry out Protection Projects
that take needed actions to respond to the
threat of wildfires, insects, and drought to
giant sequoias; and
(ii) Protection Projects are necessary to
control the immediate impacts of the emergency
described in subparagraph (i) and are needed to
mitigate harm to life, property, or important
natural or cultural resources on public lands
and covered National Forest System lands.
(B) Application.--The emergency determination
established under subparagraph (A) shall apply to all
public lands and covered National Forest System lands.
(C) Effect.--The emergency determination
established under subparagraph (A) shall go into effect
on the date the Giant Sequoia Lands Coalition submits
the Assessment under section 5.
(D) Expiration.--The emergency determination
established under subparagraph (A) shall expire on the
date that is 10 years after the effective date of the
emergency determination established in paragraph (C).
(2) Implementation.--While the emergency determination
established under subsection (a) is in effect--
(A) a responsible official may carry out a
Protection Project described by paragraph (4) before
initiating--
(i) an analysis under section 102 of the
National Environmental Policy Act of 1969 (42
U.S.C. 4332);
(ii) consultation under section 7 of the
Endangered Species Act of 1973 (16 U.S.C.
1536); and
(iii) consultation under section 106 of the
National Historic Preservation Act (16 U.S.C.
470(f)); and
(B) the rules established under subsections (d) and
(e) section 40807 of the Infrastructure Investment and
Jobs Act (16 U.S.C. 6592c(d) and (e)) shall apply with
respect to Protection Projects by substituting
``Protection Projects'' for ``authorized emergency
action under this section'' each place it appears in
such subsections; and
(C) Protection Projects shall be subject to the
requirements of section 106 of title I of the Healthy
Forests Restoration Act of 2003 (16 U.S.C. 6511 et
seq.).
(3) Protection projects.--The responsible official shall
carry out the following forest management activities as
Protection Projects under the emergency determination under
this section:
(A) Activities recommended by the Assessment under
section 5.
(B) Conducting hazardous fuels management,
including mechanical thinning, mastication, and
prescribed burning.
(C) Removing hazard trees, dead trees, dying trees,
or trees at risk of dying, as determined by the
responsible official.
(D) Removing trees to address overstocking or
crowding in a forest stand, consistent with the
appropriate basal area of the forest stand as
determined by the responsible official.
(E) Activities included in the applicable grove-
specific hazardous fuels reduction plan.
(F) Using chemical treatments to address insects
and disease and control vegetation competition.
(G) Any combination of activities described in this
paragraph.
(4) Requirements.--
(A) In general.--Protection Projects carried out
under paragraph (3) and reforestation and
rehabilitation activities carried out under this Act
that are described by subparagraph (D) are a category
of actions hereby designated as being categorically
excluded from the preparation of an environmental
assessment or an environmental impact statement under
section 102 of the National Environmental Policy Act of
1969 (42 U.S.C. 4332).
(B) Availability.--The Secretary concerned shall
use the categorical exclusion established under
subparagraph (A) in accordance with this section.
(C) Interagency cooperation.--
(i) Findings.--Congress finds that
Protection Projects carried out under this
section are consistent with improving the
health and resiliency of critical habitat for
threatened and endangered species, including
the pacific fisher and California spotted owl.
(ii) Consultation.--The informal
consultation requirements in sections 402.05 of
title 50 and 800.12 of title 36, Code of
Federal Regulations (or a successor
regulation), shall apply to Protection
Projects.
(D) Requirements.--A Protection Project or
reforestation or rehabilitation activity is described
by this subparagraph if such Protection Project or
reforestation or rehabilitation activity--
(i) covers an area of no more than--
(I) 2,000 acres within giant
sequoia groves where a grove-specific
hazardous fuels reduction plan has been
developed by the relevant land
management agency or on lands
identified under section 5(a)(1)(B);
and
(II) 3,000 acres on lands
identified under section 5(a)(1)(C);
and
(ii) was--
(I) proposed by the Assessment
under section 5(a)(3);
(II) developed through a
collaborative process; or
(III) proposed by a resource
advisory committee (as defined in
section 201 of the Secure Rural Schools
and Community Self-Determination Act of
2000 (16 U.S.C. 7121)); and
(iii) occurs on Federal land or non-Federal
land with the consent of the non-Federal
landowner.
(E) Use of other authorities.--To the maximum
extent practicable, the Secretary concerned shall use
the authorities provided under this section in
combination with other authorities to carry out
Protection Projects, including--
(i) good neighbor agreements entered into
under section 8206 of the Agricultural Act of
2014 (16 U.S.C. 2113a); and
(ii) stewardship contracting projects
entered into under section 604 of the Healthy
Forests Restoration Act of 2003 (16 U.S.C.
6591c).
(F) Savings clause.--With respect to joint
Protection Projects and reforestation and
rehabilitation activities involving the Tribe, nothing
in this section shall be construed to add any
additional regulatory requirements onto the Tribe.
(b) Implementation.--To the maximum extent practicable, the
Secretary concerned shall initiate no fewer than 1 Protection Project
each year.
SEC. 7. GIANT SEQUOIA REFORESTATION AND REHABILITATION STRATEGY.
(a) Reforestation and Rehabilitation Strategy.--
(1) In general.--In accordance with the timeline and
agreement established in section 3(a)(3), the Secretary, in
consultation with the parties to such agreement, shall develop
and implement a strategy, to be known as the Giant Sequoia
Reforestation and Rehabilitation Strategy, to enhance the
reforestation and rehabilitation of giant sequoia groves that--
(A) identifies giant sequoia groves in need of
natural or artificial regeneration, giving highest
priority to groves identified under section
5(a)(1)(A)(i);
(B) creates a priority list of reforestation and
rehabilitation activities;
(C) identifies and addresses--
(i) barriers to reforestation or
rehabilitation including--
(I) regulatory barriers;
(II) seedling shortages or related
nursery infrastructure capacity
constraints;
(III) labor and workforce
shortages;
(IV) technology and science gaps;
and
(V) site preparation challenges;
(ii) potential public-private partnership
opportunities to complete high-priority
reforestation or rehabilitation projects;
(iii) a timeline for addressing the backlog
of reforestation for giant sequoias in the 10-
year period after the agreement is entered into
under section 3; and
(iv) strategies to ensure genetic diversity
across giant sequoia groves; and
(D) includes program and policy recommendations
needed to improve the efficiency or effectiveness of
the Strategy.
(2) Assessment.--The Secretary may incorporate the Strategy
into the Assessment under section 5.
(b) Priority Reforestation Projects Amendment.--Section
3(e)(4)(C)(ii)(I) of the Forest and Rangeland Renewable Resources
Planning Act of 1974 (16 U.S.C. 1601(e)(4)(C)(ii)(I)) is amended--
(1) in item (bb), by striking ``and'';
(2) in item (cc), by striking the period and inserting ``;
and''; and
(3) by adding at the end the following:
``(dd) shall include
reforestation and
rehabilitation activities
conducted under section 7 of
the Save Our Sequoias Act.''.
(c) Implementation.--Section 4(d)(1) of the Wilderness Act (16
U.S.C. 1133(d)) is amended by inserting ``Nothing in this Act shall
restrict or prohibit the Secretary of the Interior or Secretary of
Agriculture from conducting reforestation (as such term is defined in
section 2 of the Save Our Sequoias Act) activities to reestablish giant
sequoias following a wildfire.'' after the period at the end.
SEC. 8. GIANT SEQUOIA STRIKE TEAMS.
(a) Giant Sequoia Strike Teams.--
(1) Establishment.--The Secretary concerned shall each
establish a Giant Sequoia Strike Team to assist the Secretary
concerned with the implementation of--
(A) primarily, section 6; and
(B) secondarily, section 7.
(2) Duties.--Each Strike Team shall--
(A) assist the Secretary concerned with any
reviews, including analysis under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.), consultations under the National Historic
Preservation Act of 1966 (16 U.S.C. 470 et seq.), and
consultations under the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.);
(B) implement any necessary site preparation work
in advance of or as part of a Protection Project or
reforestation or rehabilitation activity;
(C) implement Protection Projects under section 6;
and
(D) implement reforestation or rehabilitation
activities under section 7.
(3) Members.--The Secretary concerned may appoint no more
than 10 individuals each to serve on a Strike Team comprised
of--
(A) employees of the Department of the Interior;
(B) employees of the Forest Service;
(C) private contractors from any nonprofit
organization, State government, Tribal Government,
local government, academic institution, or private
organization; and
(D) volunteers from any nonprofit organization,
State government, Tribal Government, local government,
academic institution, or private organization.
SEC. 9. GIANT SEQUOIA COLLABORATIVE RESTORATION GRANTS.
(a) In General.--The Secretary, in consultation with the parties to
the agreement under section 3, shall establish a program to award
grants to eligible entities to advance, facilitate, or improve giant
sequoia health and resiliency.
(b) Eligible Entity.--The Secretary may award grants under this
section to any nonprofit organization, Tribal Government, local
government, academic institution, or private organization to help
advance, facilitate, or improve giant sequoia health and resiliency.
(c) Priority.--In awarding grants under this section, the Secretary
shall give priority to eligible entities that--
(1) primarily, are likely to have the greatest impact on
giant sequoia health and resiliency; and
(2) secondarily--
(A) are small businesses, particularly in rural
areas; and
(B) create or support jobs, particularly in rural
areas.
(d) Use of Grant Funds.--Funds from grants awarded under this
section shall be used to--
(1) create, expand, or develop markets for hazardous fuels
removed under section 6, including markets for biomass and
biochar;
(2) facilitate hazardous fuel removal under section 6,
including by reducing the cost of transporting hazardous fuels
removed as part of a Protection Project;
(3) expand, enhance, develop, or create permanent or
temporary facilities or land that can store or process
hazardous fuels removed under section 6; and
(4) establish, develop, expand, enhance, or improve nursery
capacity or infrastructure necessary to facilitate the Strategy
established under section 7.
SEC. 10. GOOD NEIGHBOR AUTHORITY FOR GIANT SEQUOIAS.
Section 8206 of the Agricultural Act of 2014 (16 U.S.C. 2113a) is
amended--
(1) in subsection (a)--
(A) in paragraph (4)(A)--
(i) in clause (ii), by striking ``and'' at
the end;
(ii) by redesignating clause (iii) as
clause (iv);
(iii) by inserting after clause (ii) the
following:
``(iii) activities conducted under section
6 of the Save Our Sequoias Act;'';
(iv) in clause (iv), as so redesignated, by
striking the period at the end and inserting
``; or''; and
(v) by adding at the end the following:
``(v) any combination of activities
specified in clauses (i) through (iv).''; and
(B) in paragraph (10)(B) by striking ``land.'' and
inserting ``land, Kings Canyon National Park, Sequoia
National Park, and Yosemite National Park.''; and
(2) in subsection (b)(2), by amending subparagraph (C) to
read as follows--
``(C) Treatment of revenue.--Funds received from
the sale of timber by a Governor of a State under a
good neighbor agreement shall be retained and used by
the Governor--
``(i) to carry out authorized restoration
services under such good neighbor agreement;
and
``(ii) if there are funds remaining after
carrying out the services under clause (i), to
carry out authorized restoration services
within the State under other good neighbor
agreements.''.
SEC. 11. STEWARDSHIP CONTRACTING FOR GIANT SEQUOIAS.
(a) National Park Service.--Section 604(a)(2) of the Healthy
Forests Restoration Act of 2003 (16 U.S.C. 6591c(c)) is amended to
read--
``(2) Director.--The term `Director' means the Director of
the Bureau of Land Management with respect to Bureau of Land
Management lands and the Director of the National Park Service
with respect to lands within Kings Canyon National Park,
Sequoia National Park, and Yosemite National Park.''.
(b) Giant Sequoia Stewardship Contracts.--Section 604(c) of the
Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591c(c)) is amended
by adding at the end the following:
``(8) Promoting the health and resiliency of giant
sequoias.''.
SEC. 12. GIANT SEQUOIA EMERGENCY PROTECTION PROGRAM AND FUND.
(a) In General.--Chapter 1011 of title 54, United States Code, is
amended by inserting at the end the following:
``Sec. 101123. Giant Sequoia Emergency Protection Program and Fund
``(a) Giant Sequoia Emergency Protection Program.--The National
Park Foundation, in coordination with the National Forest Foundation,
shall design and implement a comprehensive program to assist and
promote philanthropic programs of support that benefit--
``(1) primarily, the management and conservation of giant
sequoias on National Park Service and covered National Forest
System lands to promote resiliency to wildfires, insects, and
drought; and
``(2) secondarily, the reforestation of giant sequoias on
National Park Service and covered National Forest System lands
impacted by wildfire.
``(b) Giant Sequoia Emergency Protection Fund.--The National Park
Foundation, in coordination with the National Forest Foundation, shall
establish a joint special account to be known as the Giant Sequoia
Emergency Protection Fund (referred to as `the Fund' in this section),
to be administered in support of the program established under
subsection (a).
``(1) Funds for giant sequoia emergency protection.--The
following shall apply to the Fund:
``(A) The Fund shall consist of any gifts, devises,
or bequests that are provided to the National Park
Foundation or National Forest Foundation for such
purpose.
``(B) The National Park Foundation and National
Forest Foundation shall deposit any funds received for
the Fund in a federally insured interest-bearing
account or may invest funds in appropriate security
obligations, as mutually agreed upon.
``(C) Any accrued interest or dividends earned on
funds received for the Fund shall be added to the
principal and form a part of the Fund.
``(2) Use of funds.--Funds shall be available to the
National Park Foundation and National Forest Foundation without
further appropriation for projects and activities approved by
the Chief of the Forest Service or the Director of the National
Park Service as appropriate, or their designees, to--
``(A) primarily, support the management and
conservation of giant sequoias on National Park Service
and covered National Forest System lands to promote
resiliency to wildfires, insects, and drought; and
``(B) secondarily, support the reforestation of
giant sequoias on National Park Service and covered
National Forest System lands impacted by wildfire.
``(c) Summary.--Beginning 1 year after the date of the enactment of
this Act, the National Park Foundation and National Forest Foundation
shall include with their annual reports a summary of the status of the
program and Fund created under this section that includes--
``(1) a statement of the amounts deposited in the Fund
during the fiscal year;
``(2) the amount of the balance remaining in the Fund at
the end of the fiscal year; and
``(3) a description of the program and projects funded
during the fiscal year.
``(d) Covered National Forest System Lands Defined.--In this
section, the term `covered National Forest System lands' has the
meaning given such term in section 2 of the Save Our Sequoias Act.''.
(b) Conforming Amendment.--The table of sections for chapter of
title 54, United States Code, is amended by inserting at the end the
following:
``Sec. 101123. Giant Sequoia Emergency Protection Program and Fund.''.
SEC. 13. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to carry
out this Act--
(1) for fiscal year 2024, $10,000,000;
(2) for fiscal year 2025, $25,000,000;
(3) for each of fiscal years 2026 through 2028,
$30,000,000; and
(4) for each of fiscal years 2029 through 2033,
$40,000,000.
(b) Limitation.--Of the amounts authorized under subsection (a),
not less than 90 percent of funds shall be used to carry out section 6
and section 9 of this Act.
<all> | Save Our Sequoias Act | To improve the health and resiliency of giant sequoias, and for other purposes. | Save Our Sequoias Act | Rep. McCarthy, Kevin | R | CA |
1,110 | 6,961 | H.R.1843 | Crime and Law Enforcement | COVID-19 Hate Crimes Act
This bill requires a designated officer or employee of the Department of Justice (DOJ) to facilitate the expedited review of COVID-19 (i.e., coronavirus disease 2019) hate crimes and reports of COVID-19 hate crimes.
It defines COVID-19 hate crime as a violent crime that is motivated by two things: (1) the actual or perceived characteristic (e.g., race or ethnicity) of any person, and (2) the actual or perceived relationship to the spread of COVID-19 of any person because of that characteristic.
The bill requires DOJ to issue guidance for state and local law enforcement agencies on (1) the establishment of online hate crime reporting processes and the availability of online reporting in multiple languages, and (2) the expansion of culturally competent education campaigns. Additionally, DOJ and the Department of Health and Human Services must issue guidance on best practices for mitigating racially discriminatory language in describing the COVID-19 pandemic. | To facilitate the expedited review of COVID-19 hate crimes, and for
other purposes.
Be it enacted by the Senate 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 Hate Crimes Act''.
SEC. 2. REVIEW OF COVID-19 HATE CRIMES.
(a) In General.--Not later than 14 days after the date of the
enactment of this Act, the Attorney General shall designate an officer
or employee of the Department of Justice whose sole responsibility
during the applicable period shall be to facilitate the expedited
review of COVID-19 hate crimes and reports of any such crime to
Federal, State, or local law enforcement agencies.
(b) Definitions.--In this section:
(1) The term ``applicable period'' means the period
beginning on the date on which the officer or employee is
designated under subsection (a), and ending on the date that is
one year after the date on which the emergency period described
in subparagraph (B) of section 1135(g)(1) of the Social
Security Act (42 U.S.C. 1320b-5(g)(1)) ends, except that the
Attorney General may extend such period as appropriate.
(2) The term ``COVID-19 hate crime'' means a crime of
violence (as such term is defined under title 18, United States
Code) that is motivated by--
(A) the actual or perceived race, ethnicity, age,
color, religion, national origin, sexual orientation,
gender, gender identity, or disability of any person;
and
(B) the actual or perceived relationship to the
spread of COVID-19 of any person because of the
characteristic described in subparagraph (A).
SEC. 3. GUIDANCE.
(a) Guidance for Law Enforcement Agencies.--The Attorney General
shall issue guidance for State and local law enforcement agencies on
the following:
(1) The establishment of online reporting of hate crimes or
incidents, and the availability of online reporting in multiple
languages.
(2) The expansion of culturally competent and
linguistically appropriate public education campaigns, and the
collection of data and public reporting of hate crimes.
(b) Best Practices to Describe the COVID-19 Pandemic.--The Attorney
General and the Secretary of Health and Human Services, in coordination
with the COVID-19 Health Equity Task Force and community-based
organizations, shall issue guidance describing best practices to
mitigate racially discriminatory language in describing the COVID-19
pandemic.
<all> | COVID–19 Hate Crimes Act | To facilitate the expedited review of COVID-19 hate crimes, and for other purposes. | COVID–19 Hate Crimes Act | Rep. Meng, Grace | D | NY |
1,111 | 763 | S.2412 | Health | Protecting Access to Lifesaving Screenings Act of 2021 or the PALS Act
This bill makes a series of changes relating to health insurance coverage of screening mammography.
Specifically, the bill requires that any provision of law referring to current recommendations of the U.S. Preventive Services Task Force (USPSTF) with respect to breast cancer screening mammography be administered as if (1) the provision referred to USPSTF recommendations last issued before 2009; and (2) those recommendations applied to any screening mammography modality, including any digital modality of such a procedure. This requirement shall also apply to the Veterans Health Administration's policy on mammography screening for veterans.
In addition, the bill preserves Medicare coverage for screening mammography, without a requirement for coinsurance, and expands the definition of screening mammography to include any digital modality of such a procedure. Further, the Centers for Medicare & Medicaid Services may not decrease the frequency with which screening mammography may be paid by Medicare for a woman over 39 years of age.
In 2009, the USPSTF updated its guidelines to recommend against routine screening mammography for women between 40 to 49 years of age and to recommend biennial, instead of annual, screening mammography for most women between 50 to 74 years of age. In 2015, through the appropriations process, a three-year moratorium was placed on implementing the guidelines; the moratorium was subsequently renewed until January 1, 2023. | To amend title XVIII of the Social Security Act to protect coverage for
screening mammography, and for other purposes.
Be it enacted by the Senate 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 Access to Lifesaving
Screenings Act of 2021'' or the ``PALS Act''.
SEC. 2. PROTECTING COVERAGE FOR SCREENING MAMMOGRAPHY.
(a) In General.--Effective during the period beginning on the date
of the enactment of this Act and ending January 1, 2028, any provision
of law that refers (including through cross-reference to another
provision of law) to the current recommendations of the United States
Preventive Services Task Force with respect to breast cancer screening
mammography shall be administered as if--
(1) such reference to such current recommendations were a
reference to the recommendations of such Task Force with
respect to breast cancer screening mammography last issued
before 2009; and
(2) such recommendations last issued before 2009 applied to
any screening mammography modality under section 1861(jj) of
the Social Security Act (42 U.S.C. 1395x(jj)).
(b) Continuing Medicare Coverage Without Coinsurance.--Section
1833(a)(1)(Y) of the Social Security Act (42 U.S.C. 1395l(a)(1)(Y)) is
amended by inserting after ``in the case of such services described in
subparagraph (A)'' the following: ``(other than screening
mammography)''.
(c) Maintaining Frequency of Medicare Coverage.--Section
1834(c)(2)(B)(ii) of the Social Security Act (42 U.S.C.
1395m(c)(2)(B)(ii)) is amended by inserting before the period at the
end the following: ``, except that in the case of a woman over 39 years
of age, such revision may not decrease such frequency''.
(d) Clarifying the Definition of Screening Mammography.--Section
1861(jj) of the Social Security Act (42 U.S.C. 1395x(jj)) is amended by
inserting ``, including any digital modality (such as screening breast
tomosynthesis) of such a procedure,'' after ``radiologic procedure''.
(e) Application to Services Furnished Through Department of
Veterans Affairs.--Section 7322(b) of title 38, United States Code, is
amended to read as follows:
``(b) The policy developed under subsection (a), and any other
policy of the Department of Veterans Affairs relating to mammography
screening, shall--
``(1) specify standards of mammography screening that
ensure that the frequency of such screenings is not less than
the frequency of such screenings provided pursuant to section
2(a) of the Protecting Access to Lifesaving Screenings Act of
2021;
``(2) provide recommendations, consistent with paragraph
(1), with respect to screening, and the frequency of screening,
for veterans, without regard to age, who have clinical
symptoms, risk factors, or family history of breast cancer; and
``(3) provide for clinician discretion in individual
cases.''.
<all> | Protecting Access to Lifesaving Screenings Act of 2021 | A bill to amend title XVIII of the Social Security Act to protect coverage for screening mammography, and for other purposes. | PALS Act
Protecting Access to Lifesaving Screenings Act of 2021 | Sen. Feinstein, Dianne | D | CA |
1,112 | 8,781 | H.R.9445 | Finance and Financial Sector | Access to Capital Creates Economic Strength and Supports Rural America Act or the ACCESS Rural America Act
This bill increases the shareholder registration threshold for issuers receiving support through federal universal service support mechanisms, which provide communication services to underserved areas. | To amend the Securities Exchange Act of 1934 to revise the shareholder
threshold for registration under that Act for issuers that receive
support through certain Federal universal service support mechanisms,
and for other purposes.
Be it enacted by the Senate 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 Capital Creates Economic
Strength and Supports Rural America Act'' or the ``ACCESS Rural America
Act''.
SEC. 2. SHAREHOLDER THRESHOLD FOR REGISTRATION OF CERTAIN ISSUERS.
Section 12(g) of the Securities Exchange Act of 1934 (15 U.S.C.
78l(g)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A)(ii), by striking ``and'' at
the end;
(B) in subparagraph (B), by adding ``and'' at the
end;
(C) by inserting after subparagraph (B) the
following:
``(C) in the case of an issuer that, during its previous
fiscal year, received support, directly or through an
affiliate, through the Federal universal service support
mechanism for rural, insular, and high cost areas established
under section 254 of the Communications Act of 1934 (47 U.S.C.
254) and filed the report described in paragraph (7) with
respect to such fiscal year, and did not issue securities
(other than splitting of existing securities) during the
previous fiscal year and does not intend to do so during the
present fiscal year, not later than 120 days after the last day
of its first fiscal year ended after the date of enactment of
this subparagraph, on which the issuer has total assets
exceeding $10,000,000 and a class of equity security (other
than an exempted security) held of record by 2,000 or more
persons,''; and
(D) in the flush text following subparagraph (C),
as added by subparagraph (C) of this paragraph, by
adding at the end the following: ``The dollar figures
in subparagraph (C) shall be indexed for inflation
every 5 years by the Commission to reflect the change
in the Consumer Price Index for All Urban Consumers
published by the Bureau of Labor Statistics, rounded to
the nearest $100,000.''; and
(2) by adding at the end the following:
``(7) Mandatory Disclosures by Certain Universal Service Support
Mechanism Recipients.--
``(A) In general.--The Commission shall issue regulations
to establish a financial summary form that shall, upon request
by an investor, be made available by an issuer that--
``(i) during its previous fiscal year, received
support, directly or through an affiliate, through the
Federal universal service support mechanism for rural,
insular, and high cost areas established under section
254 of the Communications Act of 1934 (47 U.S.C. 254);
and
``(ii) has a class of equity security held of
record by not fewer than 500, and fewer than, 2,000
persons.
``(B) Contents.--The form described in subparagraph (A)
shall include--
``(i) a summary of the consolidated balance sheet
and the consolidated income statement of the issuer;
``(ii) a certification that the issuer did not
issue securities (other than splitting of existing
securities) during the previous fiscal year and does
not intend to do so during the present fiscal year; and
``(iii) such other information as the Commission
determines is necessary and appropriate in the public
interest and for the protection of investors.''.
<all> | ACCESS Rural America Act | To amend the Securities Exchange Act of 1934 to revise the shareholder threshold for registration under that Act for issuers that receive support through certain Federal universal service support mechanisms, and for other purposes. | ACCESS Rural America Act
Access to Capital Creates Economic Strength and Supports Rural America Act | Rep. Tiffany, Thomas P. | R | WI |
1,113 | 8,219 | H.R.6728 | Energy | American Offshore Worker Fairness Act
This bill further restricts foreign crew members from working on vessels, rigs, and other structures engaged in offshore energy activities on the Outer Continental Shelf. | To amend the Outer Continental Shelf Lands Act to provide for an
exemption to the manning and crewing requirements for certain outer
Continental Shelf vessels, vehicles, and structures, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Offshore Worker Fairness
Act''.
SEC. 2. MANNING AND CREWING REQUIREMENTS FOR CERTAIN OUTER CONTINENTAL
SHELF VESSELS, VEHICLES, AND STRUCTURES.
(a) Authorization of Limited Exemptions From Manning and Crew
Requirement.--Section 30(c) of the Outer Continental Shelf Lands Act
(43 U.S.C. 1356(c)) is amended--
(1) in paragraph (1)(C), by striking ``; and'' and
inserting a period;
(2) by striking ``(c) The regulations issued under
subsection (a)(3) of this section'' and all that follows
through ``to any vessel, rig, platform, or other vehicle or
structure if'' and inserting the following:
``(c) Exemptions.--
``(1) In general.--The regulations issued under subsection
(a)(3) shall not apply to any vessel, rig, platform, or other
vehicle or structure if''; and
(3) in paragraph (2)--
(A) by striking ``the exploration, development, or
production of oil and gas'' and inserting ``exploring
for, developing, or producing resources, including
nonmineral energy resources,'';
(B) by striking ``(2) to any vessel'' and inserting
the following:
``(2) Exemption for certain foreign-owned vessels, rigs,
platforms, and other vehicles or structures.--
``(A) In general.--Subject to the requirements of
this paragraph, the regulations issued under subsection
(a)(3) shall not apply to any vessel''; and
(C) by adding at the end the following:
``(B) Condition.--An exemption under subparagraph
(A) shall be subject to the condition that each
individual who is manning or crewing the vessel, rig,
platform, or other vehicle or structure is--
``(i) a citizen of the United States;
``(ii) an alien lawfully admitted to the
United States for permanent residence; or
``(iii) a citizen of the nation under the
laws of which the vessel, rig, platform, or
other vehicle or structure is documented.
``(C) Requirements.--An exemption under
subparagraph (A)--
``(i) shall provide that the number of
individuals manning or crewing the vessel, rig,
platform, or other vehicle or structure who are
individuals described in clause (ii) or (iii)
of subparagraph (B) may not exceed 2.5 times
the number of individuals required to man or
crew the vessel, rig, platform, or other
vehicle or structure under the laws of the
nation in which the vessel, rig, platform, or
other vehicle or structure is documented; and
``(ii) subject to subparagraph (D), shall
be effective for not more than 1 year.
``(D) Application.--
``(i) In general.--The owner or operator of
a vessel, rig, platform, or other vehicle or
structure described in subparagraph (A) may
submit to the Secretary of the department in
which the Coast Guard is operating an
application for an exemption or a renewal of an
exemption under that subparagraph.
``(ii) Contents.--An application under
clause (i) shall include a sworn statement by
the applicant of all information required by
the Secretary of the department in which the
Coast Guard is operating for the issuance of
the exemption.
``(E) Revocations.--
``(i) In general.--The Secretary of the
department in which the Coast Guard is
operating may revoke an exemption for a vessel,
rig, platform, or other vehicle or structure
under subparagraph (A) if the Secretary of the
department in which the Coast Guard is
operating determines that information provided
in the application for the exemption--
``(I) was false or incomplete; or
``(II) is no longer true or
complete.
``(ii) Manning or crewing violation.--The
Secretary of the department in which the Coast
Guard is operating shall immediately revoke an
exemption for a vessel, rig, platform, or other
vehicle or structure under subparagraph (A) if
the Secretary of the department in which the
Coast Guard is operating determines that,
during the effective period of the exemption,
the vessel, rig, platform, or other vehicle or
structure was manned or crewed in a manner
that--
``(I) was not authorized by the
exemption; or
``(II) does not otherwise comply
with this paragraph.
``(iii) Notice.--The Secretary of the
department in which the Coast Guard is
operating shall provide notice of a
determination and revocation under clause (i)
or (ii) to the owner, operator, agent, or
master of the vessel, rig, platform, or other
vehicle or structure.
``(F) Review of compliance.--
``(i) In general.--The Secretary of the
department in which the Coast Guard is
operating shall periodically, but not less
frequently than annually, inspect each vessel,
rig, platform, or other vehicle or structure
for which an exemption under subparagraph (A)
has been granted to verify the compliance of
the vessel, rig, platform, or other vehicle or
structure with this paragraph.
``(ii) Requirement.--During each inspection
of a vessel, rig, platform, or other vehicle or
structure under clause (i), the Secretary of
the department in which the Coast Guard is
operating shall require all individuals who are
manning or crewing the vessel, rig, platform,
or other vehicle or structure to hold a valid
Transportation Worker Identification
Credential.
``(G) Civil penalties.--The Secretary of the
department in which the Coast Guard is operating may
impose on the owner or operator of a vessel, rig,
platform, or other vehicle or structure for which an
exemption under subparagraph (A) has been granted a
civil penalty of $10,000 per day for each day the
vessel, rig, platform, or other vehicle or structure--
``(i) is manned or crewed in violation of
this paragraph; or
``(ii) operates under the exemption, if the
Secretary of the department in which the Coast
Guard is operating determines that--
``(I) the exemption was not validly
obtained; or
``(II) information provided in the
application for the exemption was false
or incomplete.
``(H) Notification of secretary of state.--The
Secretary of the department in which the Coast Guard is
operating shall notify the Secretary of State of each
exemption issued under this subsection, including
information on the effective period of the
exemption.''.
(b) Regulations.--Not later than 90 days after the date of
enactment of this Act, the Secretary of the department in which the
Coast Guard is operating shall promulgate regulations that specify the
application requirements and process and other requirements for an
exemption under subsection (c)(2)(A) of section 30 of the Outer
Continental Shelf Lands Act (43 U.S.C. 1356) (as amended by subsection
(a)).
(c) Existing Exemptions.--
(1) In general.--During the 120-day period beginning on the
date of enactment of this Act, each exemption granted under
section 30(c)(2) of the Outer Continental Shelf Lands Act (43
U.S.C. 1356(c)(2)) (as in effect on the day before the date of
enactment of this Act) before the date of enactment of this
Act--
(A) shall remain in effect; and
(B) shall not be affected by the amendments made by
subsection (a).
(2) Termination.--On the day after the last day of the
period described in paragraph (1), each exemption described in
such paragraph shall terminate.
(3) Notification.--Not later than 60 days after the date of
enactment of this Act, the Secretary of the department in which
the Coast Guard is operating shall notify all persons that hold
an exemption described in paragraph (1) that the exemption will
terminate in accordance with paragraph (2).
(d) Annual Report.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter, the Secretary
of the department in which the Coast Guard is operating shall
submit to Congress a report that describes the number of
exemptions granted under subsection (c)(2)(A) of section 30 of
the Outer Continental Shelf Lands Act (43 U.S.C. 1356) during
the preceding year.
(2) Requirements.--Each report under paragraph (1) shall
list for each vessel, rig, platform, or other vehicle or
structure granted an exemption during the preceding year--
(A) the name and International Maritime
Organization number of the vessel, rig, platform, or
other vehicle or structure;
(B) the flag of the vessel, rig, platform, or other
vehicle or structure;
(C) the nationality of the 1 or more owners of the
vessel, rig, platform, or other vehicle or structure;
and
(D) any changes to the information described in
subparagraphs (A) through (C) applicable to the vessel,
rig, platform, or other vehicle or structure if the
vessel, rig, platform, or other vehicle or structure
has received a prior exemption under subsection
(c)(2)(A) of section 30 of the Outer Continental Shelf
Lands Act (43 U.S.C. 1356) or section 30(c)(2) of the
Outer Continental Shelf Lands Act (43 U.S.C.
1356(c)(2)) (as in effect on the day before the date of
enactment of this Act).
<all> | American Offshore Worker Fairness Act | To amend the Outer Continental Shelf Lands Act to provide for an exemption to the manning and crewing requirements for certain outer Continental Shelf vessels, vehicles, and structures, and for other purposes. | American Offshore Worker Fairness Act | Rep. Graves, Garret | R | LA |
1,114 | 1,734 | S.3770 | Economics and Public Finance | Preventing Runaway Inflation in Consumer Expenditures Act or the PRICE Act
This bill establishes a point of order that prohibits the Senate from considering legislation that would cause a net increase in outlays unless the Congressional Budget Office certifies that inflation is below 3%. The point of order may be waived by an affirmative vote of three-fifths of the Senate. | To establish a point of order against legislation that would cause a
net increase in outlays unless the Director of the Congressional Budget
Office certifies that inflation is below 3 percent.
Be it enacted by the Senate 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 Runaway Inflation in
Consumer Expenditures Act'' or the ``PRICE Act''.
SEC. 2. POINT OF ORDER AGAINST LEGISLATION THAT WOULD CAUSE A NET
INCREASE IN OUTLAYS UNLESS THE DIRECTOR OF THE
CONGRESSIONAL BUDGET OFFICE CERTIFIES THAT INFLATION IS
BELOW 3 PERCENT.
(a) Point of Order.--It shall not be in order in the Senate to
consider any bill, joint resolution, motion, amendment, amendment
between the Houses, or conference report that would cause a net
increase in outlays relative to the most recently published
Congressional Budget Office baseline unless the Director of the
Congressional Budget Office certifies (based on the most recent data
available to the Director) that inflation, as measured in either the
average of the annualized changes in the 3 most recently published
monthly reports on the consumer price index for all-urban consumers
published by the Bureau of Labor Statistics of the Department of Labor,
or the previous year's unadjusted annual change in that index, is below
3 percent.
(b) Waiver and Appeal.--Subsection (a) may be waived or suspended
in the Senate only by an affirmative vote of three-fifths of the
Members, duly chosen and sworn. An affirmative vote of three-fifths of
the Members of the Senate, duly chosen and sworn, shall be required to
sustain an appeal of the ruling of the Chair on a point of order raised
under subsection (a).
<all> | PRICE Act | A bill to establish a point of order against legislation that would cause a net increase in outlays unless the Director of the Congressional Budget Office certifies that inflation is below 3 percent. | PRICE Act
Preventing Runaway Inflation in Consumer Expenditures Act | Sen. Lee, Mike | R | UT |
1,115 | 2,985 | S.4687 | Transportation and Public Works | Safeguarding the Homeland from the Threats Posed by Unmanned Aircraft Systems Act of 2022
This bill provides statutory authority for the Department of Homeland Security (DHS) and the Department of Justice (DOJ) to authorize their personnel to act to detect, identify, monitor, track, and mitigate a credible threat that an unmanned aircraft system (i.e., drone) poses to the safety or security of certain facilities or assets.
For example, DHS and DOJ may carry out a pilot program to evaluate the potential benefits of state, local, tribal, and territorial law enforcement agencies taking actions to mitigate credible unmanned aircraft system threats.
Additionally, DHS and DOJ must coordinate with the Federal Aviation Administration before carrying out any action authorized by the bill to ensure the action does not adversely impact or interfere with safe airport operations, navigation, air traffic services, or the safe and efficient operation of the national airspace system. | To enhance the authority granted to the Department of Homeland Security
and Department of Justice with respect to unmanned aircraft systems and
unmanned aircraft, 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 ``Safeguarding the Homeland
from the Threats Posed by Unmanned Aircraft Systems Act of
2022''.</DELETED>
<DELETED>SEC. 2. DEPARTMENT OF HOMELAND SECURITY UNMANNED AIRCRAFT
SYSTEM DETECTION AND MITIGATION ENFORCEMENT
AUTHORITY.</DELETED>
<DELETED> Subtitle A of title II of the Homeland Security Act of
2002 (6 U.S.C. 121 et seq.) is amended by striking section 210G (6
U.S.C. 124n) and inserting the following:</DELETED>
<DELETED>``SEC. 210G. PROTECTION OF CERTAIN FACILITIES AND ASSETS FROM
UNMANNED AIRCRAFT.</DELETED>
<DELETED> ``(a) Definitions.--In this section:</DELETED>
<DELETED> ``(1) The term `air navigation facility' has the
meaning given the term in section 40102(a)(4) of title 49,
United States Code.</DELETED>
<DELETED> ``(2) The term `airport' has the meaning given the
term in section 47102(2) of title 49, United Sates
Code.</DELETED>
<DELETED> ``(3) The term `appropriate committees of
Congress' means--</DELETED>
<DELETED> ``(A) the Committee on Homeland Security
and Governmental Affairs, the Committee on Commerce,
Science, and Transportation, and the Committee on the
Judiciary of the Senate; and</DELETED>
<DELETED> ``(B) the Committee on Homeland Security,
the Committee on Transportation and Infrastructure, the
Committee on Energy and Commerce, and the Committee on
the Judiciary of the House of
Representatives.</DELETED>
<DELETED> ``(4) The term `budget', with respect to a fiscal
year, means the budget for that fiscal year that is submitted
to Congress by the President under section 1105(a) of title 31,
United States Code.</DELETED>
<DELETED> ``(5) The term `covered facility or asset' means
any facility or asset that--</DELETED>
<DELETED> ``(A) is identified as high-risk and a
potential target for unlawful unmanned aircraft or
unmanned aircraft system activity by the Secretary or
the Attorney General, or by the chief executive of the
jurisdiction in which a State, local, Tribal, or
territorial law enforcement agency designated pursuant
to subsection (d)(2) operates after review and approval
of the Secretary or the Attorney General, in
coordination with the Secretary of Transportation with
respect to potentially impacted airspace, through a
risk-based assessment for purposes of this section
(except that in the case of the missions described in
clauses (i)(II) and (iii)(I) of subparagraph (C), such
missions shall be presumed to be for the protection of
a facility or asset that is assessed to be high-risk
and a potential target for unlawful unmanned aircraft
or unmanned aircraft system activity);</DELETED>
<DELETED> ``(B) is located in the United States;
and</DELETED>
<DELETED> ``(C) directly relates to 1 or more--
</DELETED>
<DELETED> ``(i) missions authorized to be
performed by the Department, consistent with
governing statutes, regulations, and orders
issued by the Secretary, pertaining to--
</DELETED>
<DELETED> ``(I) security or
protection functions of the U.S.
Customs and Border Protection,
including securing or protecting
facilities, aircraft, and vessels,
whether moored or underway;</DELETED>
<DELETED> ``(II) United States
Secret Service protection operations
pursuant to sections 3056(a) and
3056A(a) of title 18, United States
Code, and the Presidential Protection
Assistance Act of 1976 (18 U.S.C. 3056
note);</DELETED>
<DELETED> ``(III) protection of
facilities pursuant to section 1315(a)
of title 40, United States Code;
or</DELETED>
<DELETED> ``(IV) transportation
security functions of the
Transportation Security
Administration;</DELETED>
<DELETED> ``(ii) missions authorized to be
performed by the Department of Justice,
consistent with governing statutes,
regulations, and orders issued by the Attorney
General, pertaining to--</DELETED>
<DELETED> ``(I) personal protection
operations by--</DELETED>
<DELETED> ``(aa) the Federal
Bureau of Investigation as
specified in section 533 of
title 28, United States Code;
or</DELETED>
<DELETED> ``(bb) the United
States Marshals Service as
specified in section 566 of
title 28, United States
Code;</DELETED>
<DELETED> ``(II) protection of
penal, detention, and correctional
facilities and operations conducted by
the Federal Bureau of Prisons and
prisoner operations and transport
conducted by the United States Marshals
Service;</DELETED>
<DELETED> ``(III) protection of the
buildings and grounds leased, owned, or
operated by or for the Department of
Justice, and the provision of security
for Federal courts, as specified in
section 566 of title 28, United States
Code; or</DELETED>
<DELETED> ``(IV) protection of an
airport or air navigation
facility;</DELETED>
<DELETED> ``(iii) missions authorized to be
performed by the Department or the Department
of Justice, acting together or separately,
consistent with governing statutes,
regulations, and orders issued by the Secretary
or the Attorney General, respectively,
pertaining to--</DELETED>
<DELETED> ``(I) protection of a
National Special Security Event and
Special Event Assessment Rating
event;</DELETED>
<DELETED> ``(II) the provision of
support to a State, local, Tribal, or
territorial law enforcement agency,
upon request of the chief executive
officer of the State or territory, to
ensure protection of people and
property at mass gatherings, that is
limited to a specified duration and
location, within available resources,
and without delegating any authority
under this section to State, local,
Tribal, or territorial law
enforcement;</DELETED>
<DELETED> ``(III) protection of an
active Federal law enforcement
investigation, emergency response, or
security function, that is limited to a
specified duration and location;
or</DELETED>
<DELETED> ``(IV) the provision of
security or protection support to
critical infrastructure owners or
operators, for static critical
infrastructure facilities and assets
upon the request of the owner or
operator;</DELETED>
<DELETED> ``(iv) missions authorized to be
performed by the United States Coast Guard,
including those described in clause (iii) as
directed by the Secretary, and as further set
forth in section 528 of title 14, United States
Code, and consistent with governing statutes,
regulations, and orders issued by the Secretary
of the Department in which the Coast Guard is
operating; and</DELETED>
<DELETED> ``(v) responsibilities of State,
local, Tribal, and territorial law enforcement
agencies designated pursuant to subsection
(d)(2) pertaining to--</DELETED>
<DELETED> ``(I) protection of
National Special Security Event and
Special Event Assessment Rating events
or other mass gatherings in the
jurisdiction of the State, local,
Tribal, or territorial law enforcement
agency;</DELETED>
<DELETED> ``(II) protection of
critical infrastructure assessed by the
Secretary as high-risk for unmanned
aircraft systems or unmanned aircraft
attack or disruption, including
airports in the jurisdiction of the
State, local, Tribal, or territorial
law enforcement agency; or</DELETED>
<DELETED> ``(III) protection of
sensitive government buildings, assets,
or facilities in the jurisdiction of
the State, local, Tribal, or
territorial law enforcement
agency.</DELETED>
<DELETED> ``(6) The term `critical infrastructure' has the
meaning given the term in section 1016(e) of the Critical
Infrastructure Protection Act of 2001 (42 U.S.C.
5195c(e)).</DELETED>
<DELETED> ``(7) The terms `electronic communication',
`intercept', `oral communication', and `wire communication'
have the meanings given those terms in section 2510 of title
18, United States Code.</DELETED>
<DELETED> ``(8) The term `homeland security or justice
budget materials', with respect to a fiscal year, means the
materials submitted to Congress by the Secretary and the
Attorney General in support of the budget for that fiscal
year.</DELETED>
<DELETED> ``(9)(A) The term `personnel' means--</DELETED>
<DELETED> ``(i) an officer, employee, or contractor
of the Department or the Department of Justice, who is
authorized to perform duties that include safety,
security, or protection of personnel, facilities, or
assets; or</DELETED>
<DELETED> ``(ii) an employee who--</DELETED>
<DELETED> ``(I) is authorized to perform law
enforcement and security functions on behalf of
a State, local, Tribal, or territorial law
enforcement agency designated under subsection
(d)(2); and</DELETED>
<DELETED> ``(II) is trained and certified to
perform those duties, including training
specific to countering unmanned aircraft
threats and mitigating risks in the national
airspace.</DELETED>
<DELETED> ``(B) To qualify for use of the authorities
described in subsection (b) or (c), respectively, a contractor
conducting operations described in those subsections must--
</DELETED>
<DELETED> ``(i) be directly contracted by the
Department or the Department of Justice;</DELETED>
<DELETED> ``(ii) operate at a government-owned or
government-leased facility or asset;</DELETED>
<DELETED> ``(iii) not conduct inherently
governmental functions; and</DELETED>
<DELETED> ``(iv) be trained and certified by the
Department or the Department of Justice to meet the
established guidance and regulations of the Department
or the Department of Justice, respectively.</DELETED>
<DELETED> ``(C) For purposes of subsection (c)(1), the term
`personnel' includes any officer, employee, or contractor who
is authorized to perform duties that include the safety,
security, or protection of people, facilities, or assets, of--
</DELETED>
<DELETED> ``(i) a State, local, Tribal, or
territorial law enforcement agency; and</DELETED>
<DELETED> ``(ii) an owner or operator of an airport
or critical infrastructure.</DELETED>
<DELETED> ``(10) The term `risk-based assessment' means an
evaluation of threat information specific to a covered facility
or asset and, with respect to potential impacts on the safety
and efficiency of the national airspace system and the needs of
law enforcement and national security at each covered facility
or asset identified by the Secretary or the Attorney General,
respectively, of each of the following factors:</DELETED>
<DELETED> ``(A) Potential impacts to safety,
efficiency, and use of the national airspace system,
including potential effects on manned aircraft and
unmanned aircraft systems or unmanned aircraft,
aviation safety, airport operations, infrastructure,
and air navigation services relating to the use of any
system or technology for carrying out the actions
described in subsection (e)(2).</DELETED>
<DELETED> ``(B) Options for mitigating any
identified impacts to the national airspace system
relating to the use of any system or technology,
including minimizing, when possible, the use of any
technology that disrupts the transmission of radio or
electronic signals, for carrying out the actions
described in subsection (e)(2).</DELETED>
<DELETED> ``(C) Potential consequences of the
impacts of any actions taken under subsection (e)(1) to
the national airspace system and infrastructure if not
mitigated.</DELETED>
<DELETED> ``(D) The ability to provide reasonable
advance notice to aircraft operators consistent with
the safety of the national airspace system and the
needs of law enforcement and national
security.</DELETED>
<DELETED> ``(E) The setting and character of any
covered facility or asset, including--</DELETED>
<DELETED> ``(i) whether the covered facility
or asset is located in a populated area or near
other structures;</DELETED>
<DELETED> ``(ii) whether the covered
facility or asset is open to the
public;</DELETED>
<DELETED> ``(iii) whether the covered
facility or asset is used for nongovernmental
functions; and</DELETED>
<DELETED> ``(iv) any potential for
interference with wireless communications or
for injury or damage to persons or
property.</DELETED>
<DELETED> ``(F) The setting, character, duration,
and national airspace system impacts of National
Special Security Event and Special Event Assessment
Rating events, to the extent not already discussed in
the National Special Security Event and Special Event
Assessment Rating nomination process.</DELETED>
<DELETED> ``(G) Potential consequences to national
security, public safety, or law enforcement if threats
posed by unmanned aircraft systems or unmanned aircraft
are not mitigated or defeated.</DELETED>
<DELETED> ``(11) The terms `unmanned aircraft' and `unmanned
aircraft system' have the meanings given those terms in section
44801 of title 49, United States Code.</DELETED>
<DELETED> ``(b) Authority of the Department of Homeland Security and
Department of Justice.--Notwithstanding section 46502 of title 49,
United States Code, or sections 32, 1030, 1367, and chapters 119 and
206 of title 18, United States Code, the Secretary and the Attorney
General may, for their respective Departments, take, and may authorize
personnel with assigned duties that include the safety, security, or
protection of people, facilities, or assets to take, actions described
in subsection (e)(2) that are necessary to detect, identify, monitor,
track, and mitigate a credible threat (as defined by the Secretary and
the Attorney General, in consultation with the Secretary of
Transportation through the Administrator of the Federal Aviation
Administration) that an unmanned aircraft system or unmanned aircraft
poses to the safety or security of a covered facility or
asset.</DELETED>
<DELETED> ``(c) Additional Limited Authority for Detection,
Identification, Monitoring, and Tracking.--</DELETED>
<DELETED> ``(1) In general.--Subject to paragraphs (2) and
(3), and notwithstanding sections 1030 and 1367 and chapters
119 and 206 of title 18, United States Code, any State, local,
Tribal, or territorial law enforcement agency, the Department
of Justice, the Department, and any owner or operator of an
airport or critical infrastructure may authorize personnel,
with assigned duties that include the safety, security, or
protection of people, facilities, or assets, to use equipment
authorized under this subsection to take actions described in
subsection (e)(1) that are necessary to detect, identify,
monitor, or track an unmanned aircraft system or unmanned
aircraft within the respective areas of responsibility or
jurisdiction of the authorized personnel.</DELETED>
<DELETED> ``(2) Authorized equipment.--Equipment authorized
for unmanned aircraft system detection, identification,
monitoring, or tracking under this subsection shall be limited
to systems or technologies--</DELETED>
<DELETED> ``(A) tested and evaluated by the
Department or the Department of Justice, including
evaluation of any potential counterintelligence or
cybersecurity risks;</DELETED>
<DELETED> ``(B) that are annually reevaluated for
any changes in risks, including counterintelligence and
cybersecurity risks;</DELETED>
<DELETED> ``(C) determined by the Federal
Communications Commission and the National
Telecommunications and Information Administration not
to adversely impact the use of the communications
spectrum;</DELETED>
<DELETED> ``(D) determined by the Federal Aviation
Administration not to adversely impact the use of the
aviation spectrum or otherwise adversely impact the
national airspace system; and</DELETED>
<DELETED> ``(E) that are included on a list of
authorized equipment maintained by the Department, in
coordination with the Department of Justice, the
Federal Aviation Administration, the Federal
Communications Commission, and the National
Telecommunications and Information
Administration.</DELETED>
<DELETED> ``(3) State, local, tribal, and territorial
compliance.--Each State, local, Tribal, or territorial law
enforcement agency or owner or operator of an airport or
critical infrastructure acting pursuant to this subsection
shall--</DELETED>
<DELETED> ``(A) prior to any such action, issue a
written policy certifying compliance with the privacy
protections of subparagraphs (A) through (D) of
subsection (j)(2); and</DELETED>
<DELETED> ``(B) comply with any additional guidance
issued by the Secretary or the Attorney General
relating to implementation of this
subsection.</DELETED>
<DELETED> ``(4) Prohibition.--Nothing in this subsection
shall be construed to authorize the taking of any action
described in subsection (e) other than the actions described in
paragraph (1) of that subsection.</DELETED>
<DELETED> ``(d) Pilot Program for State, Local, Tribal, and
Territorial Law Enforcement.--</DELETED>
<DELETED> ``(1) In general.--The Secretary and the Attorney
General may carry out a pilot program to evaluate the potential
benefits of State, local, Tribal, and territorial law
enforcement agencies taking actions that are necessary to
mitigate a credible threat (as defined by the Secretary and the
Attorney General, in consultation with the Secretary of
Transportation through the Administrator of the Federal
Aviation Administration) that an unmanned aircraft system or
unmanned aircraft poses to the safety or security of a covered
facility or asset.</DELETED>
<DELETED> ``(2) Designation.--</DELETED>
<DELETED> ``(A) In general.--The Secretary or the
Attorney General, with the concurrence of the Secretary
of Transportation (through the Administrator of the
Federal Aviation Administration), may, under the pilot
program established under paragraph (1), designate 1 or
more State, local, Tribal or territorial law
enforcement agencies approved by the respective chief
executive officer of the State, local, Tribal, or
territorial law enforcement agency to engage in the
activities authorized in paragraph (4) under the direct
oversight of the Department or the Department of
Justice, in carrying out the responsibilities
authorized under subsection (a)(5)(C)(v).</DELETED>
<DELETED> ``(B) Designation process.--</DELETED>
<DELETED> ``(i) Number of agencies and
duration.--On and after the date that is 180
days after the date of enactment of the
Safeguarding the Homeland from the Threats
Posed by Unmanned Aircraft Systems Act of 2022,
the Secretary and the Attorney General,
pursuant to subparagraph (A), may designate not
more than 12 State, local, Tribal, and
territorial law enforcement agencies for
participation in the pilot program, and may
designate 12 additional State, local, Tribal,
and territorial law enforcement agencies each
year thereafter, provided that not more than 60
State, local, Tribal, and territorial law
enforcement agencies in total may be designated
during the 5-year period of the pilot
program.</DELETED>
<DELETED> ``(ii) Revocation.--The Secretary
and the Attorney General, in consultation with
the Secretary of Transportation (through the
Administrator of the Federal Aviation
Administration)--</DELETED>
<DELETED> ``(I) may revoke a
designation under subparagraph (A) if
the Secretary, Attorney General, and
Secretary of Transportation (through
the Administrator of the Federal
Aviation Administration) concur in the
revocation; and</DELETED>
<DELETED> ``(II) shall revoke a
designation under subparagraph (A) if
the Secretary, the Attorney General, or
the Secretary of Transportation
(through the Administrator of the
Federal Aviation Administration)
withdraws concurrence.</DELETED>
<DELETED> ``(3) Termination of pilot program.--</DELETED>
<DELETED> ``(A) Designation.--The authority to
designate an agency for inclusion in the pilot program
established under this subsection shall terminate after
the 5-year period beginning on the date that is 180
days after the date of enactment of the Safeguarding
the Homeland from the Threats Posed by Unmanned
Aircraft Systems Act of 2022.</DELETED>
<DELETED> ``(B) Authority of pilot program
agencies.--The authority of an agency designated under
the pilot program established under this subsection to
exercise any of the authorities granted under the pilot
program shall terminate not later than 6 years after
the date that is 180 days after the date of enactment
of the Safeguarding the Homeland from the Threats Posed
by Unmanned Aircraft Systems Act of 2022, or upon
revocation pursuant to paragraph (2)(B)(ii).</DELETED>
<DELETED> ``(4) Authorization.--Notwithstanding section
46502 of title 49, United States Code, or sections 32, 1030,
1367, and chapters 119 and 206 of title 18, United States Code,
any State, local, Tribal, or territorial law enforcement agency
designated pursuant to paragraph (2) may authorize personnel
with assigned duties that include the safety, security, or
protection of people, facilities, or assets to take such
actions as are described in subsection (e)(2) that are
necessary to detect, identify, monitor, track, or mitigate a
credible threat (as defined by the Secretary and the Attorney
General, in consultation with the Secretary of Transportation,
through the Administrator of the Federal Aviation
Administration) that an unmanned aircraft system or unmanned
aircraft poses to the safety or security of a covered facility
or asset under subsection (a)(5)(C)(v).</DELETED>
<DELETED> ``(5) Exemption.--</DELETED>
<DELETED> ``(A) In general.--Subject to subparagraph
(B), the Chair of the Federal Communications
Commission, in consultation with the Administrator of
the National Telecommunications and Information
Administration, shall implement a process for
considering the exemption of 1 or more law enforcement
agencies designated under paragraph (2), or any station
operated by the agency, from any provision of title III
of the Communications Act of 1934 (47 U.S.C. 151 et
seq.) to the extent that the designated law enforcement
agency takes such actions as are described in
subsection (e)(2) and may establish conditions or
requirements for such exemption.</DELETED>
<DELETED> ``(B) Requirements.--The Chair of the
Federal Communications Commission, in consultation with
the Administrator of the National Telecommunications
and Information Administration, may grant an exemption
under subparagraph (A) only if the Chair of the Federal
Communications Commission in consultation with the
Administrator of the National Telecommunications and
Information Administration finds that the grant of an
exemption--</DELETED>
<DELETED> ``(i) is necessary to achieve the
purposes of this subsection; and</DELETED>
<DELETED> ``(ii) will serve the public
interest.</DELETED>
<DELETED> ``(C) Revocation.--Any exemption granted
under subparagraph (A) shall terminate automatically if
the designation granted to the law enforcement agency
under paragraph (2)(A) is revoked by the Secretary or
the Attorney General under paragraph (2)(B)(ii) or is
terminated under paragraph (3)(B).</DELETED>
<DELETED> ``(6) Reporting.--Not later than 2 years after the
date on which the first law enforcement agency is designated
under paragraph (2), the Secretary and the Attorney General
shall inform the appropriate committees of Congress in writing
of the use by any State, local, Tribal, or territorial law
enforcement agency of any authority granted pursuant to
paragraph (4).</DELETED>
<DELETED> ``(7) Restrictions.--Any entity acting pursuant to
the authorities granted under this subsection--</DELETED>
<DELETED> ``(A) may do so only using equipment
authorized by the Department, in coordination with the
Department of Justice, the Federal Communications
Commission, the National Telecommunications and
Information Administration, and the Department of
Transportation (through the Federal Aviation
Administration) according to the criteria described in
subsection (c)(2);</DELETED>
<DELETED> ``(B) shall, prior to any such action,
issue a written policy certifying compliance with the
privacy protections of subparagraphs (A) through (D) of
subsection (j)(2);</DELETED>
<DELETED> ``(C) shall ensure that all personnel
undertaking any actions listed under this subsection
are properly trained in accordance with the criteria
that the Secretary and Attorney General shall
collectively establish, in consultation with the
Secretary of Transportation, the Administrator of the
Federal Aviation Administration, the Chair of the
Federal Communications Commission, and the Assistant
Secretary of Commerce for Communications and
Information of the National Telecommunications and
Information Administration; and</DELETED>
<DELETED> ``(D) shall comply with any additional
guidance relating to compliance with this subsection
issued by the Secretary or Attorney General.</DELETED>
<DELETED> ``(e) Actions Described.--</DELETED>
<DELETED> ``(1) In general.--The actions authorized under
subsection (c) that may be taken by a State, local, Tribal, or
territorial law enforcement agency, the Department, the
Department of Justice, and any owner or operator of an airport
or critical infrastructure, are limited to actions during the
operation of an unmanned aircraft system, to detect, identify,
monitor, and track the unmanned aircraft system or unmanned
aircraft, without prior consent, including by means of
intercept or other access of a wire communication, an oral
communication, or an electronic communication used to control
the unmanned aircraft system or unmanned aircraft.</DELETED>
<DELETED> ``(2) Clarification.--The actions authorized in
subsections (b) and (d)(4) are the following:</DELETED>
<DELETED> ``(A) During the operation of the unmanned
aircraft system or unmanned aircraft, detect, identify,
monitor, and track the unmanned aircraft system or
unmanned aircraft, without prior consent, including by
means of intercept or other access of a wire
communication, an oral communication, or an electronic
communication used to control the unmanned aircraft
system or unmanned aircraft.</DELETED>
<DELETED> ``(B) Warn the operator of the unmanned
aircraft system or unmanned aircraft, including by
passive or active, and direct or indirect, physical,
electronic, radio, and electromagnetic means.</DELETED>
<DELETED> ``(C) Disrupt control of the unmanned
aircraft system or unmanned aircraft, without prior
consent of the operator of the unmanned aircraft system
or unmanned aircraft, including by disabling the
unmanned aircraft system or unmanned aircraft by
intercepting, interfering, or causing interference with
wire, oral, electronic, or radio communications used to
control the unmanned aircraft system or unmanned
aircraft.</DELETED>
<DELETED> ``(D) Seize or exercise control of the
unmanned aircraft system or unmanned
aircraft.</DELETED>
<DELETED> ``(E) Seize or otherwise confiscate the
unmanned aircraft system or unmanned
aircraft.</DELETED>
<DELETED> ``(F) Use reasonable force, if necessary,
to disable, damage, or destroy the unmanned aircraft
system or unmanned aircraft.</DELETED>
<DELETED> ``(f) Research, Testing, Training, and Evaluation.--
</DELETED>
<DELETED> ``(1) Requirement.--</DELETED>
<DELETED> ``(A) In general.--Notwithstanding section
46502 of title 49, United States Code, or any provision
of title 18, United States Code, the Secretary, the
Attorney General, and the heads of the State, local,
Tribal, or territorial law enforcement agencies
designated pursuant to subsection (d)(2) shall conduct
research, testing, training on, and evaluation of any
equipment, including any electronic equipment, to
determine the capability and utility of the equipment
prior to the use of the equipment in carrying out any
action described in subsection (e).</DELETED>
<DELETED> ``(B) Coordination.--Personnel and
contractors who do not have duties that include the
safety, security, or protection of people, facilities,
or assets may engage in research, testing, training,
and evaluation activities pursuant to subparagraph
(A).</DELETED>
<DELETED> ``(2) Training of federal, state, local,
territorial, and tribal law enforcement personnel.--The
Attorney General, through the Director of the Federal Bureau of
Investigation, may--</DELETED>
<DELETED> ``(A) provide training relating to
measures to mitigate a credible threat that an unmanned
aircraft or unmanned aircraft system poses to the
safety or security of a covered facility or asset to
any personnel who are authorized to take such measures,
including personnel authorized to take the actions
described in subsection (e); and</DELETED>
<DELETED> ``(B) establish or designate 1 or more
facilities or training centers for the purpose
described in subparagraph (A).</DELETED>
<DELETED> ``(3) Coordination for research, testing,
training, and evaluation.--</DELETED>
<DELETED> ``(A) In general.--The Secretary, the
Attorney General, and the heads of the State, local,
Tribal, or territorial law enforcement agencies
designated pursuant to subsection (d)(2) shall
coordinate procedures governing research, testing,
training, and evaluation to carry out any provision
under this subsection with the Administrator of the
Federal Aviation Administration before initiating such
activity in order that the Administrator of the Federal
Aviation Administration may ensure the activity does
not adversely impact or interfere with safe airport
operations, navigation, air traffic services, or the
safe and efficient operation of the national airspace
system.</DELETED>
<DELETED> ``(B) State, local, tribal, and
territorial law enforcement agency coordination.--Each
head of a State, local, Tribal, or territorial law
enforcement agency designated pursuant to subsection
(d)(2) shall coordinate the procedures governing
research, testing, training, and evaluation of the law
enforcement agency through the Secretary and the
Attorney General, in coordination with the Federal
Aviation Administration.</DELETED>
<DELETED> ``(g) Forfeiture.--Any unmanned aircraft system or
unmanned aircraft that is seized by the Secretary or the Attorney
General pursuant to subsection (b) is subject to forfeiture to the
United States pursuant to the provisions of chapter 46 of title 18,
United States Code.</DELETED>
<DELETED> ``(h) Regulations and Guidance.--The Secretary, the
Attorney General, and the Secretary of Transportation--</DELETED>
<DELETED> ``(1) may prescribe regulations and shall issue
guidance in the respective areas of each Secretary or the
Attorney General to carry out this section; and</DELETED>
<DELETED> ``(2) in developing regulations and guidance
described in subparagraph (A), consult the Chair of the Federal
Communications Commission, the Administrator of the National
Telecommunications and Information Administration, and the
Administrator of the Federal Aviation Administration.</DELETED>
<DELETED> ``(i) Coordination.--</DELETED>
<DELETED> ``(1) In general.--The Secretary and the Attorney
General shall coordinate with the Administrator of the Federal
Aviation Administration before carrying out any action
authorized under this section in order that the Administrator
may ensure the action does not adversely impact or interfere
with--</DELETED>
<DELETED> ``(A) safe airport operations;</DELETED>
<DELETED> ``(B) navigation;</DELETED>
<DELETED> ``(C) air traffic services; or</DELETED>
<DELETED> ``(D) the safe and efficient operation of
the national airspace system.</DELETED>
<DELETED> ``(2) Guidance.--Before issuing any guidance, or
otherwise implementing this section, the Secretary or the
Attorney General shall, respectively, coordinate with--
</DELETED>
<DELETED> ``(A) the Secretary of Transportation in
order that the Secretary of Transportation may ensure
the guidance or implementation does not adversely
impact or interfere with any critical infrastructure
relating to transportation; and</DELETED>
<DELETED> ``(B) the Administrator of the Federal
Aviation Administration in order that the Administrator
may ensure the guidance or implementation does not
adversely impact or interfere with--</DELETED>
<DELETED> ``(i) safe airport
operations;</DELETED>
<DELETED> ``(ii) navigation;</DELETED>
<DELETED> ``(iii) air traffic services;
or</DELETED>
<DELETED> ``(iv) the safe and efficient
operation of the national airspace
system.</DELETED>
<DELETED> ``(3) Coordination with the faa.--The Secretary
and the Attorney General shall coordinate the development of
their respective guidance under subsection (h) with the
Secretary of Transportation (through the Administrator of the
Federal Aviation Administration).</DELETED>
<DELETED> ``(4) Coordination with the department of
transportation and national telecommunications and information
administration.--The Secretary and the Attorney General, and
the heads of any State, local, Tribal, or territorial law
enforcement agencies designated pursuant to subsection (d)(2),
through the Secretary and the Attorney General, shall
coordinate the development for their respective departments or
agencies of the actions described in subsection (e) with the
Secretary of Transportation (through the Administrator of the
Federal Aviation Administration) and the Assistant Secretary of
Commerce for Communications and Information of the National
Telecommunications and Information Administration.</DELETED>
<DELETED> ``(5) State, local, tribal, and territorial
implementation.--Prior to taking any action authorized under
subsection (d)(4), each head of a State, local, Tribal, or
territorial law enforcement agency designated under subsection
(d)(2) shall coordinate, through the Secretary and the Attorney
General--</DELETED>
<DELETED> ``(A) with the Secretary of Transportation
in order that the Administrators of non-aviation modes
of the Department of Transportation may evaluate
whether the action may have adverse impacts on critical
infrastructure relating to non-aviation
transportation;</DELETED>
<DELETED> ``(B) with the Administrator of the
Federal Aviation Administration in order that the
Administrator may ensure the action will have no
adverse impact, or will not, interfere with--</DELETED>
<DELETED> ``(i) safe airport
operations;</DELETED>
<DELETED> ``(ii) navigation;</DELETED>
<DELETED> ``(iii) air traffic services;
or</DELETED>
<DELETED> ``(iv) the safe and efficient
operation of the national airspace system;
and</DELETED>
<DELETED> ``(C) to allow the Department and the
Department of Justice to ensure that any action
authorized by this section is consistent with Federal
law enforcement and in the interest of national
security.</DELETED>
<DELETED> ``(j) Privacy Protection.--</DELETED>
<DELETED> ``(1) In general.--Any regulation or guidance
issued to carry out an action under subsection (e) by the
Secretary or the Attorney General, respectively, shall ensure
for the Department or the Department of Justice, respectively,
that--</DELETED>
<DELETED> ``(A) the interception of, acquisition of,
access to, maintenance of, or use of any communication
to or from an unmanned aircraft system or unmanned
aircraft under this section is conducted in a manner
consistent with the First and Fourth Amendments to the
Constitution of the United States and any applicable
provision of Federal law;</DELETED>
<DELETED> ``(B) any communication to or from an
unmanned aircraft system or unmanned aircraft are
intercepted or acquired only to the extent necessary to
support an action described in subsection
(e);</DELETED>
<DELETED> ``(C) any record of a communication
described in subparagraph (B) is maintained only for as
long as necessary, and in no event for more than 180
days, unless the Secretary or the Attorney General, as
applicable, determines that maintenance of the record
is--</DELETED>
<DELETED> ``(i) required under Federal
law;</DELETED>
<DELETED> ``(ii) necessary for the purpose
of litigation; and</DELETED>
<DELETED> ``(iii) necessary to investigate
or prosecute a violation of law, including by--
</DELETED>
<DELETED> ``(I) directly supporting
an ongoing security operation;
or</DELETED>
<DELETED> ``(II) protecting against
dangerous or unauthorized activity by
unmanned aircraft systems or unmanned
aircraft; and</DELETED>
<DELETED> ``(D) a communication described in
subparagraph (B) is not disclosed to any person not
employed or contracted by the Department or the
Department of Justice unless the disclosure--</DELETED>
<DELETED> ``(i) is necessary to investigate
or prosecute a violation of law;</DELETED>
<DELETED> ``(ii) will support--</DELETED>
<DELETED> ``(I) the Department of
Defense;</DELETED>
<DELETED> ``(II) a Federal law
enforcement, intelligence, or security
agency;</DELETED>
<DELETED> ``(III) a State, local,
Tribal, or territorial law enforcement
agency; or</DELETED>
<DELETED> ``(IV) another relevant
entity or person if the entity or
person is engaged in a security or
protection operation;</DELETED>
<DELETED> ``(iii) is necessary to support a
department or agency listed in clause (ii) in
investigating or prosecuting a violation of
law;</DELETED>
<DELETED> ``(iv) will support the
enforcement activities of a Federal regulatory
agency relating to a criminal or civil
investigation of, or any regulatory, statutory,
or other enforcement action relating to, an
action described in subsection (e);</DELETED>
<DELETED> ``(v) is between the Department
and the Department of Justice in the course of
a security or protection operation of either
department or a joint operation of those
departments; or</DELETED>
<DELETED> ``(vi) is otherwise required by
law.</DELETED>
<DELETED> ``(2) Local privacy protection.--In exercising any
authority described in subsection (c) or (d), a State, local,
Tribal, or territorial law enforcement agency designated under
subsection (d)(2) or owner or operator of an airport or
critical infrastructure shall ensure that--</DELETED>
<DELETED> ``(A) the interception of, acquisition of,
access to, maintenance of, or use of communications to
or from an unmanned aircraft system or unmanned
aircraft under this section is conducted in a manner
consistent with--</DELETED>
<DELETED> ``(i) the First and Fourth
Amendments to the Constitution of the United
States; and</DELETED>
<DELETED> ``(ii) applicable provisions of
Federal, and where required, State, local,
Tribal, and territorial law;</DELETED>
<DELETED> ``(B) any communication to or from an
unmanned aircraft system or unmanned aircraft is
intercepted or acquired only to the extent necessary to
support an action described in subsection
(e);</DELETED>
<DELETED> ``(C) any record of a communication
described in subparagraph (B) is maintained only for as
long as necessary, and in no event for more than 180
days, unless the Secretary, the Attorney General, or
the head of a State, local, Tribal, or territorial law
enforcement agency designated under subsection (d)(2)
determines that maintenance of the record is--
</DELETED>
<DELETED> ``(i) required to be maintained
under Federal, State, local, Tribal, or
territorial law;</DELETED>
<DELETED> ``(ii) necessary for the purpose
of any litigation; or</DELETED>
<DELETED> ``(iii) necessary to investigate
or prosecute a violation of law, including by--
</DELETED>
<DELETED> ``(I) directly supporting
an ongoing security or protection
operation; or</DELETED>
<DELETED> ``(II) protecting against
dangerous or unauthorized activity by
an unmanned aircraft system or unmanned
aircraft; and</DELETED>
<DELETED> ``(D) the communication is not disclosed
outside the agency or entity unless the disclosure--
</DELETED>
<DELETED> ``(i) is necessary to investigate
or prosecute a violation of law;</DELETED>
<DELETED> ``(ii) would support the
Department of Defense, a Federal law
enforcement, intelligence, or security agency,
or a State, local, Tribal, or territorial law
enforcement agency;</DELETED>
<DELETED> ``(iii) would support the
enforcement activities of a Federal regulatory
agency in connection with a criminal or civil
investigation of, or any regulatory, statutory,
or other enforcement action relating to, an
action described in subsection (e);</DELETED>
<DELETED> ``(iv) is to the Department or the
Department of Justice in the course of a
security or protection operation of either the
Department or the Department of Justice, or a
joint operation of the Department and
Department of Justice; or</DELETED>
<DELETED> ``(v) is otherwise required by
law.</DELETED>
<DELETED> ``(k) Budget.--</DELETED>
<DELETED> ``(1) In general.--The Secretary and the Attorney
General shall submit to Congress, as a part of the homeland
security or justice budget materials for each fiscal year after
fiscal year 2023, a consolidated funding display that
identifies the funding source for the actions described in
subsection (e) within the Department and the Department of
Justice.</DELETED>
<DELETED> ``(2) Classification.--Each funding display
submitted under paragraph (1) shall be in unclassified form but
may contain a classified annex.</DELETED>
<DELETED> ``(l) Public Disclosures.--</DELETED>
<DELETED> ``(1) In general.--Notwithstanding any provision
of State, local, Tribal, or territorial law, information shall
be governed by the disclosure obligations set forth in section
552 of title 5, United States Code (commonly known as the
`Freedom of Information Act'), if the information relates to--
</DELETED>
<DELETED> ``(A) any capability, limitation, or
sensitive detail of the operation of any technology
used to carry out an action described in subsection
(e)(1) of this section; or</DELETED>
<DELETED> ``(B) an operational procedure or protocol
used to carry out this section.</DELETED>
<DELETED> ``(2) State, local, tribal, or territorial agency
use.--</DELETED>
<DELETED> ``(A) Control.--Information described in
paragraph (1) that is obtained by a State, local,
Tribal, or territorial law enforcement agency from a
Federal agency under this section--</DELETED>
<DELETED> ``(i) shall remain subject to the
control of the Federal agency, notwithstanding
that the State, local, Tribal, or territorial
law enforcement agency has the information
described in paragraph (1) in the possession of
the State, local, Tribal, or territorial law
enforcement agency; and</DELETED>
<DELETED> ``(ii) shall not be subject to any
State, local, Tribal, or territorial law
authorizing or requiring disclosure of the
information described in paragraph
(1).</DELETED>
<DELETED> ``(B) Access.--Any request for public
access to information described in paragraph (1) shall
be submitted to the originating Federal agency, which
shall process the request as required under section
552(a)(3) of title 5, United States Code.</DELETED>
<DELETED> ``(m) Assistance and Support.--</DELETED>
<DELETED> ``(1) Facilities and services of other agencies
and non-federal entities.--</DELETED>
<DELETED> ``(A) In general.--The Secretary and the
Attorney General are authorized to use or accept from
any other Federal agency, or any other public or
private entity, any supply or service to facilitate or
carry out any action described in subsection
(e).</DELETED>
<DELETED> ``(B) Reimbursement.--In accordance with
subparagraph (A), the Secretary and the Attorney
General may accept any supply or service with or
without reimbursement to the entity providing the
supply or service and notwithstanding any provision of
law that would prevent the use or acceptance of the
supply or service.</DELETED>
<DELETED> ``(C) Agreements.--To implement the
requirements of subsection (a)(5)(C), the Secretary or
the Attorney General may enter into 1 or more
agreements with the head of another executive agency or
with an appropriate official of a non-Federal public or
private agency or entity, as may be necessary and
proper to carry out the responsibilities of the
Secretary and Attorney General under this
section.</DELETED>
<DELETED> ``(2) Mutual support.--</DELETED>
<DELETED> ``(A) In general.--Subject to subparagraph
(B), the Secretary and the Attorney General are
authorized to provide support or assistance, upon the
request of a Federal agency or department conducting--
</DELETED>
<DELETED> ``(i) a mission described in
subsection (a)(5)(C);</DELETED>
<DELETED> ``(ii) a mission described in
section 130i of title 10, United States Code;
or</DELETED>
<DELETED> ``(iii) a mission described in
section 4510 of the Atomic Energy Defense Act
(50 U.S.C. 2661).</DELETED>
<DELETED> ``(B) Requirements.--Any support or
assistance provided by the Secretary or the Attorney
General shall only be granted--</DELETED>
<DELETED> ``(i) for the purpose of
fulfilling the roles and responsibilities of
the Federal agency or department that made the
request for the mission for which the request
was made;</DELETED>
<DELETED> ``(ii) when exigent circumstances
exist;</DELETED>
<DELETED> ``(iii) for a specified duration
and location;</DELETED>
<DELETED> ``(iv) within available
resources;</DELETED>
<DELETED> ``(v) on a non-reimbursable basis;
and</DELETED>
<DELETED> ``(vi) in coordination with the
Administrator of the Federal Aviation
Administration.</DELETED>
<DELETED> ``(n) Semiannual Briefings and Notifications.--</DELETED>
<DELETED> ``(1) In general.--On a semiannual basis beginning
180 days after the date of enactment of the Safeguarding the
Homeland from the Threats Posed by Unmanned Aircraft Systems
Act of 2022, the Secretary and the Attorney General shall,
respectively, provide a briefing to the appropriate committees
of Congress on the activities carried out pursuant to this
section.</DELETED>
<DELETED> ``(2) Requirement.--The Secretary and the Attorney
General each shall conduct the briefing required under
paragraph (1) jointly with the Secretary of
Transportation.</DELETED>
<DELETED> ``(3) Content.--Each briefing required under
paragraph (1) shall include--</DELETED>
<DELETED> ``(A) policies, programs, and procedures
to mitigate or eliminate impacts of activities carried
out pursuant to this section to the national airspace
system and other critical infrastructure relating to
national transportation;</DELETED>
<DELETED> ``(B) a description of--</DELETED>
<DELETED> ``(i) each instance in which any
action described in subsection (e) has been
taken, including any instances that may have
resulted in harm, damage, or loss to a person
or to private property;</DELETED>
<DELETED> ``(ii) the guidance, policies, or
procedures established by the Secretary or the
Attorney General to address privacy, civil
rights, and civil liberties issues implicated
by the actions permitted under this section, as
well as any changes or subsequent efforts by
the Secretary or the Attorney General that
would significantly affect privacy, civil
rights, or civil liberties;</DELETED>
<DELETED> ``(iii) options considered and
steps taken by the Secretary or the Attorney
General to mitigate any identified impacts to
the national airspace system relating to the
use of any system or technology, including the
minimization of the use of any technology that
disrupts the transmission of radio or
electronic signals, for carrying out the
actions described in subsection (e)(2);
and</DELETED>
<DELETED> ``(iv) each instance in which a
communication intercepted or acquired during
the course of operations of an unmanned
aircraft system or unmanned aircraft was--
</DELETED>
<DELETED> ``(I) held in the
possession of the Department or the
Department of Justice for more than 180
days; or</DELETED>
<DELETED> ``(II) shared with any
entity other than the Department or the
Department of Justice;</DELETED>
<DELETED> ``(C) an explanation of how the Secretary,
the Attorney General, and the Secretary of
Transportation have--</DELETED>
<DELETED> ``(i) informed the public as to
the possible use of authorities granted under
this section; and</DELETED>
<DELETED> ``(ii) engaged with Federal,
State, local, Tribal, and territorial law
enforcement agencies to implement and use
authorities granted under this
section;</DELETED>
<DELETED> ``(D) an assessment of whether any gaps or
insufficiencies remain in laws, regulations, and
policies that impede the ability of the Federal
Government or State, local, Tribal, and territorial
governments and owners or operators of critical
infrastructure to counter the threat posed by the
malicious use of unmanned aircraft systems and unmanned
aircraft;</DELETED>
<DELETED> ``(E) an assessment of efforts to
integrate unmanned aircraft system threat assessments
within National Special Security Event and Special
Event Assessment Rating planning and protection
efforts;</DELETED>
<DELETED> ``(F) recommendations to remedy any gaps
or insufficiencies described in subparagraph (D),
including recommendations relating to necessary changes
in law, regulations, or policies;</DELETED>
<DELETED> ``(G) a description of the impact of the
authorities granted under this section on--</DELETED>
<DELETED> ``(i) lawful operator access to
national airspace; and</DELETED>
<DELETED> ``(ii) unmanned aircraft systems
and unmanned aircraft integration into the
national airspace system; and</DELETED>
<DELETED> ``(H) a summary from the Secretary of any
data and results obtained pursuant to subsection (r),
including an assessment of--</DELETED>
<DELETED> ``(i) how the details of the
incident were obtained; and</DELETED>
<DELETED> ``(ii) whether the operation
involved a violation of Federal Aviation
Administration aviation regulations.</DELETED>
<DELETED> ``(4) Unclassified form.--Each briefing required
under paragraph (1) shall be in unclassified form but may be
accompanied by an additional classified briefing.</DELETED>
<DELETED> ``(5) Notification.--</DELETED>
<DELETED> ``(A) In general.--Not later than 30 days
after an authorized department, agency, or owner or
operator of an airport or critical infrastructure
deploys any new technology to carry out the actions
described in subsection (e), the Secretary and the
Attorney General shall, respectively or jointly, as
appropriate, submit a notification of the deployment to
the appropriate committees of Congress.</DELETED>
<DELETED> ``(B) Contents.--Each notification
submitted pursuant to subparagraph (A) shall include a
description of options considered to mitigate any
identified impacts to the national airspace system
relating to the use of any system or technology,
including the minimization of the use of any technology
that disrupts the transmission of radio or electronic
signals in carrying out the actions described in
subsection (e).</DELETED>
<DELETED> ``(o) Rule of Construction.--Nothing in this section shall
be construed to--</DELETED>
<DELETED> ``(1) vest in the Secretary, the Attorney General,
or any State, local, Tribal, or territorial law enforcement
agency, authorized under subsection (c) or designated under
subsection (d)(2) any authority of the Secretary of
Transportation or the Administrator of the Federal Aviation
Administration;</DELETED>
<DELETED> ``(2) vest in the Secretary of Transportation, the
Administrator of the Federal Aviation Administration, or any
State, local, Tribal, or territorial law enforcement agency
designated under subsection (d)(2) any authority of the
Secretary or the Attorney General;</DELETED>
<DELETED> ``(3) vest in the Secretary any authority of the
Attorney General;</DELETED>
<DELETED> ``(4) vest in the Attorney General any authority
of the Secretary; or</DELETED>
<DELETED> ``(5) provide a new basis of liability with
respect to an officer of a State, local, Tribal, or territorial
law enforcement agency designated under subsection (d)(2) or
who participates in the protection of a mass gathering
identified by the Secretary or Attorney General under
subsection (a)(5)(C)(iii)(II), who--</DELETED>
<DELETED> ``(A) is acting in the official capacity
of the individual as an officer; and</DELETED>
<DELETED> ``(B) does not exercise the authority
granted to the Secretary and the Attorney General by
this section.</DELETED>
<DELETED> ``(p) Termination.--</DELETED>
<DELETED> ``(1) Termination of additional limited authority
for detection, identification, monitoring, and tracking.--The
authority to carry out any action authorized under subsection
(c), if performed by a non-Federal entity, shall terminate on
the date that is 5 years and 6 months after the date of
enactment of the Safeguarding the Homeland from the Threats
Posed by Unmanned Aircraft Systems Act of 2022 and the
authority for the pilot program established under subsection
(d) shall terminate as provided for in paragraph (3) of that
subsection.</DELETED>
<DELETED> ``(2) Termination of authorities with respect to
covered facilities and assets.--The authority to carry out this
section with respect to a covered facility or asset shall
terminate on the date that is 7 years after the date of
enactment of the Safeguarding the Homeland from the Threats
Posed by Unmanned Aircraft Systems Act of 2022.</DELETED>
<DELETED> ``(q) Scope of Authority.--Nothing in this section shall
be construed to provide the Secretary or the Attorney General with any
additional authority other than the authorities described in
subsections (a)(5)(C)(iii), (b), (c), (d), and (f).</DELETED>
<DELETED> ``(r) United States Government Database.--</DELETED>
<DELETED> ``(1) Authorization.--The Department is authorized
to develop a Federal database to enable the transmission of
data concerning security-related incidents in the United States
involving unmanned aircraft and unmanned aircraft systems
between Federal, State, local, Tribal, and territorial law
enforcement agencies for purposes of conducting analyses of
such threats in the United States.</DELETED>
<DELETED> ``(2) Policies, plans, and procedures.--</DELETED>
<DELETED> ``(A) Coordination and consultation.--
Before implementation of the database developed under
paragraph (1), the Secretary shall develop policies,
plans, and procedures for the implementation of the
database--</DELETED>
<DELETED> ``(i) in coordination with the
Attorney General, the Secretary of Defense, and
the Secretary of Transportation (through the
Administrator of the Federal Aviation
Administration); and</DELETED>
<DELETED> ``(ii) in consultation with State,
local, Tribal, and territorial law enforcement
agency representatives, including
representatives of fusion centers.</DELETED>
<DELETED> ``(B) Reporting.--The policies, plans, and
procedures developed under subparagraph (A) shall
include criteria for Federal, State, local, Tribal, and
territorial reporting of unmanned aircraft systems or
unmanned aircraft incidents.</DELETED>
<DELETED> ``(C) Data retention.--The policies,
plans, and procedures developed under subparagraph (A)
shall ensure that data on security-related incidents in
the United States involving unmanned aircraft and
unmanned aircraft systems that is retained as criminal
intelligence information is retained based on the
reasonable suspicion standard, as permitted under part
23 of title 28, Code of Federal
Regulations.''.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safeguarding the Homeland from the
Threats Posed by Unmanned Aircraft Systems Act of 2022''.
SEC. 2. DEPARTMENT OF HOMELAND SECURITY UNMANNED AIRCRAFT SYSTEM
DETECTION AND MITIGATION ENFORCEMENT AUTHORITY.
Subtitle A of title II of the Homeland Security Act of 2002 (6
U.S.C. 121 et seq.) is amended by striking section 210G (6 U.S.C. 124n)
and inserting the following:
``SEC. 210G. PROTECTION OF CERTAIN FACILITIES AND ASSETS FROM UNMANNED
AIRCRAFT.
``(a) Definitions.--In this section:
``(1) The term `air navigation facility' has the meaning
given the term in section 40102(a)(4) of title 49, United
States Code.
``(2) The term `airport' has the meaning given the term in
section 47102(2) of title 49, United Sates Code.
``(3) The term `appropriate committees of Congress' means--
``(A) the Committee on Homeland Security and
Governmental Affairs, the Committee on Commerce,
Science, and Transportation, and the Committee on the
Judiciary of the Senate; and
``(B) the Committee on Homeland Security, the
Committee on Transportation and Infrastructure, the
Committee on Oversight and Reform, the Committee on
Energy and Commerce, and the Committee on the Judiciary
of the House of Representatives.
``(4) The term `budget', with respect to a fiscal year,
means the budget for that fiscal year that is submitted to
Congress by the President under section 1105(a) of title 31,
United States Code.
``(5) The term `covered facility or asset' means any
facility or asset that--
``(A) is identified as high-risk and a potential
target for unlawful unmanned aircraft or unmanned
aircraft system activity by the Secretary or the
Attorney General, or by the chief executive of the
jurisdiction in which a State, local, Tribal, or
territorial law enforcement agency designated pursuant
to subsection (d)(2) operates after review and approval
of the Secretary or the Attorney General, in
coordination with the Secretary of Transportation with
respect to potentially impacted airspace, through a
risk-based assessment for purposes of this section
(except that in the case of the missions described in
clauses (i)(II) and (iii)(I) of subparagraph (C), such
missions shall be presumed to be for the protection of
a facility or asset that is assessed to be high-risk
and a potential target for unlawful unmanned aircraft
or unmanned aircraft system activity);
``(B) is located in the United States; and
``(C) directly relates to 1 or more--
``(i) missions authorized to be performed
by the Department, consistent with governing
statutes, regulations, and orders issued by the
Secretary, pertaining to--
``(I) security or protection
functions of the U.S. Customs and
Border Protection, including securing
or protecting facilities, aircraft, and
vessels, whether moored or underway;
``(II) United States Secret Service
protection operations pursuant to
sections 3056(a) and 3056A(a) of title
18, United States Code, and the
Presidential Protection Assistance Act
of 1976 (18 U.S.C. 3056 note);
``(III) protection of facilities
pursuant to section 1315(a) of title
40, United States Code;
``(IV) transportation security
functions of the Transportation
Security Administration; or
``(V) the security or protection
functions for facilities, assets, and
operations of Homeland Security
Investigations;
``(ii) missions authorized to be performed
by the Department of Justice, consistent with
governing statutes, regulations, and orders
issued by the Attorney General, pertaining to--
``(I) personal protection
operations by--
``(aa) the Federal Bureau
of Investigation as specified
in section 533 of title 28,
United States Code; or
``(bb) the United States
Marshals Service as specified
in section 566 of title 28,
United States Code;
``(II) protection of penal,
detention, and correctional facilities
and operations conducted by the Federal
Bureau of Prisons and prisoner
operations and transport conducted by
the United States Marshals Service;
``(III) protection of the buildings
and grounds leased, owned, or operated
by or for the Department of Justice,
and the provision of security for
Federal courts, as specified in section
566 of title 28, United States Code; or
``(IV) protection of an airport or
air navigation facility;
``(iii) missions authorized to be performed
by the Department or the Department of Justice,
acting together or separately, consistent with
governing statutes, regulations, and orders
issued by the Secretary or the Attorney
General, respectively, pertaining to--
``(I) protection of a National
Special Security Event and Special
Event Assessment Rating event;
``(II) the provision of support to
a State, local, Tribal, or territorial
law enforcement agency, upon request of
the chief executive officer of the
State or territory, to ensure
protection of people and property at
mass gatherings, that is limited to a
specified duration and location, within
available resources, and without
delegating any authority under this
section to State, local, Tribal, or
territorial law enforcement;
``(III) protection of an active
Federal law enforcement investigation,
emergency response, or security
function, that is limited to a
specified duration and location; or
``(IV) the provision of security or
protection support to critical
infrastructure owners or operators, for
static critical infrastructure
facilities and assets upon the request
of the owner or operator;
``(iv) missions authorized to be performed
by the United States Coast Guard, including
those described in clause (iii) as directed by
the Secretary, and as further set forth in
section 528 of title 14, United States Code,
and consistent with governing statutes,
regulations, and orders issued by the Secretary
of the Department in which the Coast Guard is
operating; and
``(v) responsibilities of State, local,
Tribal, and territorial law enforcement
agencies designated pursuant to subsection
(d)(2) pertaining to--
``(I) protection of National
Special Security Event and Special
Event Assessment Rating events or other
mass gatherings in the jurisdiction of
the State, local, Tribal, or
territorial law enforcement agency;
``(II) protection of critical
infrastructure assessed by the
Secretary as high-risk for unmanned
aircraft systems or unmanned aircraft
attack or disruption, including
airports in the jurisdiction of the
State, local, Tribal, or territorial
law enforcement agency;
``(III) protection of government
buildings, assets, or facilities in the
jurisdiction of the State, local,
Tribal, or territorial law enforcement
agency; or
``(IV) protection of disaster
response in the jurisdiction of the
State, local, Tribal, or territorial
law enforcement agency.
``(6) The term `critical infrastructure' has the meaning
given the term in section 1016(e) of the Critical
Infrastructure Protection Act of 2001 (42 U.S.C. 5195c(e)).
``(7) The terms `electronic communication', `intercept',
`oral communication', and `wire communication' have the
meanings given those terms in section 2510 of title 18, United
States Code.
``(8) The term `homeland security or justice budget
materials', with respect to a fiscal year, means the materials
submitted to Congress by the Secretary and the Attorney General
in support of the budget for that fiscal year.
``(9)(A) The term `personnel' means--
``(i) an officer, employee, or contractor of the
Department or the Department of Justice, who is
authorized to perform duties that include safety,
security, or protection of people, facilities, or
assets; or
``(ii) an employee who--
``(I) is authorized to perform law
enforcement and security functions on behalf of
a State, local, Tribal, or territorial law
enforcement agency designated under subsection
(d)(2); and
``(II) is trained and certified to perform
those duties, including training specific to
countering unmanned aircraft threats and
mitigating risks in the national airspace,
including with respect to protecting privacy
and civil liberties.
``(B) To qualify for use of the authorities described in
subsection (b) or (c), respectively, a contractor conducting
operations described in those subsections must--
``(i) be directly contracted by the Department or
the Department of Justice;
``(ii) operate at a government-owned or government-
leased facility or asset;
``(iii) not conduct inherently governmental
functions;
``(iv) be trained to safeguard privacy and civil
liberties; and
``(v) be trained and certified by the Department or
the Department of Justice to meet the established
guidance and regulations of the Department or the
Department of Justice, respectively.
``(C) For purposes of subsection (c)(1), the term
`personnel' includes any officer, employee, or contractor who
is authorized to perform duties that include the safety,
security, or protection of people, facilities, or assets, of--
``(i) a State, local, Tribal, or territorial law
enforcement agency; and
``(ii) an owner or operator of an airport or
critical infrastructure.
``(10) The term `risk-based assessment' means an evaluation
of threat information specific to a covered facility or asset
and, with respect to potential impacts on the safety and
efficiency of the national airspace system and the needs of law
enforcement and national security at each covered facility or
asset identified by the Secretary or the Attorney General,
respectively, of each of the following factors:
``(A) Potential impacts to safety, efficiency, and
use of the national airspace system, including
potential effects on manned aircraft and unmanned
aircraft systems or unmanned aircraft, aviation safety,
airport operations, infrastructure, and air navigation
services relating to the use of any system or
technology for carrying out the actions described in
subsection (e)(2).
``(B) Options for mitigating any identified impacts
to the national airspace system relating to the use of
any system or technology, including minimizing, when
possible, the use of any technology that disrupts the
transmission of radio or electronic signals, for
carrying out the actions described in subsection
(e)(2).
``(C) Potential consequences of the impacts of any
actions taken under subsection (e)(1) to the national
airspace system and infrastructure if not mitigated.
``(D) The ability to provide reasonable advance
notice to aircraft operators consistent with the safety
of the national airspace system and the needs of law
enforcement and national security.
``(E) The setting and character of any covered
facility or asset, including--
``(i) whether the covered facility or asset
is located in a populated area or near other
structures;
``(ii) whether the covered facility or
asset is open to the public;
``(iii) whether the covered facility or
asset is used for nongovernmental functions;
and
``(iv) any potential for interference with
wireless communications or for injury or damage
to persons or property.
``(F) The setting, character, duration, and
national airspace system impacts of National Special
Security Event and Special Event Assessment Rating
events, to the extent not already discussed in the
National Special Security Event and Special Event
Assessment Rating nomination process.
``(G) Potential consequences to national security,
public safety, or law enforcement if threats posed by
unmanned aircraft systems or unmanned aircraft are not
mitigated or defeated.
``(H) Civil rights and civil liberties guaranteed
by the First and Fourth Amendments to the Constitution
of the United States.
``(11) The terms `unmanned aircraft' and `unmanned aircraft
system' have the meanings given those terms in section 44801 of
title 49, United States Code.
``(b) Authority of the Department of Homeland Security and
Department of Justice.--Notwithstanding section 46502 of title 49,
United States Code, or sections 32, 1030, 1367, and chapters 119 and
206 of title 18, United States Code, the Secretary and the Attorney
General may, for their respective Departments, take, and may authorize
personnel with assigned duties that include the safety, security, or
protection of people, facilities, or assets to take, actions described
in subsection (e)(2) that are necessary to detect, identify, monitor,
track, and mitigate a credible threat (as defined by the Secretary and
the Attorney General, in consultation with the Secretary of
Transportation through the Administrator of the Federal Aviation
Administration) that an unmanned aircraft system or unmanned aircraft
poses to the safety or security of a covered facility or asset.
``(c) Additional Limited Authority for Detection, Identification,
Monitoring, and Tracking.--
``(1) In general.--Subject to paragraphs (2) and (3), and
notwithstanding sections 1030 and 1367 and chapters 119 and 206
of title 18, United States Code, any State, local, Tribal, or
territorial law enforcement agency, the Department of Justice,
the Department, and any owner or operator of an airport or
critical infrastructure may authorize personnel, with assigned
duties that include the safety, security, or protection of
people, facilities, or assets, to use equipment authorized
under this subsection to take actions described in subsection
(e)(1) that are necessary to detect, identify, monitor, or
track an unmanned aircraft system or unmanned aircraft within
the respective areas of responsibility or jurisdiction of the
authorized personnel.
``(2) Authorized equipment.--Equipment authorized for
unmanned aircraft system detection, identification, monitoring,
or tracking under this subsection shall be limited to systems
or technologies--
``(A) tested and evaluated by the Department or the
Department of Justice, including evaluation of any
potential counterintelligence or cybersecurity risks;
``(B) that are annually reevaluated for any changes
in risks, including counterintelligence and
cybersecurity risks;
``(C) determined by the Federal Communications
Commission and the National Telecommunications and
Information Administration not to adversely impact the
use of the communications spectrum;
``(D) determined by the Federal Aviation
Administration not to adversely impact the use of the
aviation spectrum or otherwise adversely impact the
national airspace system; and
``(E) that are included on a list of authorized
equipment maintained by the Department, in coordination
with the Department of Justice, the Federal Aviation
Administration, the Federal Communications Commission,
and the National Telecommunications and Information
Administration.
``(3) State, local, tribal, and territorial compliance.--
Each State, local, Tribal, or territorial law enforcement
agency or owner or operator of an airport or critical
infrastructure acting pursuant to this subsection shall--
``(A) prior to any such action, issue a written
policy certifying compliance with the privacy
protections of subparagraphs (A) through (D) of
subsection (j)(2);
``(B) certify compliance with such policy to the
Secretary and the Attorney General annually, and
immediately notify the Secretary and Attorney General
of any noncompliance with such policy or the privacy
protections of subparagraphs (A) through (D) of
subsection (j)(2); and
``(C) comply with any additional guidance issued by
the Secretary or the Attorney General relating to
implementation of this subsection.
``(4) Prohibition.--Nothing in this subsection shall be
construed to authorize the taking of any action described in
subsection (e) other than the actions described in paragraph
(1) of that subsection.
``(d) Pilot Program for State, Local, Tribal, and Territorial Law
Enforcement.--
``(1) In general.--The Secretary and the Attorney General
may carry out a pilot program to evaluate the potential
benefits of State, local, Tribal, and territorial law
enforcement agencies taking actions that are necessary to
mitigate a credible threat (as defined by the Secretary and the
Attorney General, in consultation with the Secretary of
Transportation through the Administrator of the Federal
Aviation Administration) that an unmanned aircraft system or
unmanned aircraft poses to the safety or security of a covered
facility or asset.
``(2) Designation.--
``(A) In general.--The Secretary or the Attorney
General, with the concurrence of the Secretary of
Transportation (through the Administrator of the
Federal Aviation Administration), may, under the pilot
program established under paragraph (1), designate 1 or
more State, local, Tribal, or territorial law
enforcement agencies approved by the respective chief
executive officer of the State, local, Tribal, or
territorial law enforcement agency to engage in the
activities authorized in paragraph (4) under the direct
oversight of the Department or the Department of
Justice, in carrying out the responsibilities
authorized under subsection (a)(5)(C)(v).
``(B) Designation process.--
``(i) Number of agencies and duration.--On
and after the date that is 180 days after the
date of enactment of the Safeguarding the
Homeland from the Threats Posed by Unmanned
Aircraft Systems Act of 2022, the Secretary and
the Attorney General, pursuant to subparagraph
(A), may designate not more than 12 State,
local, Tribal, and territorial law enforcement
agencies for participation in the pilot
program, and may designate 12 additional State,
local, Tribal, and territorial law enforcement
agencies each year thereafter, provided that
not more than 60 State, local, Tribal, and
territorial law enforcement agencies in total
may be designated during the 5-year period of
the pilot program.
``(ii) Revocation.--The Secretary and the
Attorney General, in consultation with the
Secretary of Transportation (through the
Administrator of the Federal Aviation
Administration)--
``(I) may revoke a designation
under subparagraph (A) if the
Secretary, Attorney General, and
Secretary of Transportation (through
the Administrator of the Federal
Aviation Administration) concur in the
revocation; and
``(II) shall revoke a designation
under subparagraph (A) if the
Secretary, the Attorney General, or the
Secretary of Transportation (through
the Administrator of the Federal
Aviation Administration) withdraws
concurrence.
``(3) Termination of pilot program.--
``(A) Designation.--The authority to designate an
agency for inclusion in the pilot program established
under this subsection shall terminate after the 5-year
period beginning on the date that is 180 days after the
date of enactment of the Safeguarding the Homeland from
the Threats Posed by Unmanned Aircraft Systems Act of
2022.
``(B) Authority of pilot program agencies.--The
authority of an agency designated under the pilot
program established under this subsection to exercise
any of the authorities granted under the pilot program
shall terminate not later than 6 years after the date
that is 180 days after the date of enactment of the
Safeguarding the Homeland from the Threats Posed by
Unmanned Aircraft Systems Act of 2022, or upon
revocation pursuant to paragraph (2)(B)(ii).
``(4) Authorization.--Notwithstanding section 46502 of
title 49, United States Code, or sections 32, 1030, 1367 and
chapters 119 and 206 of title 18, United States Code, any
State, local, Tribal, or territorial law enforcement agency
designated pursuant to paragraph (2) may authorize personnel
with assigned duties that include the safety, security, or
protection of people, facilities, or assets to take such
actions as are described in subsection (e)(2) that are
necessary to detect, identify, monitor, track, or mitigate a
credible threat (as defined by the Secretary and the Attorney
General, in consultation with the Secretary of Transportation,
through the Administrator of the Federal Aviation
Administration) that an unmanned aircraft system or unmanned
aircraft poses to the safety or security of a covered facility
or asset under subsection (a)(5)(C)(v).
``(5) Exemption.--
``(A) In general.--Subject to subparagraph (B), the
Chair of the Federal Communications Commission, in
consultation with the Administrator of the National
Telecommunications and Information Administration,
shall implement a process for considering the exemption
of 1 or more law enforcement agencies designated under
paragraph (2), or any station operated by the agency,
from any provision of title III of the Communications
Act of 1934 (47 U.S.C. 151 et seq.) to the extent that
the designated law enforcement agency takes such
actions as are described in subsection (e)(2) and may
establish conditions or requirements for such
exemption.
``(B) Requirements.--The Chair of the Federal
Communications Commission, in consultation with the
Administrator of the National Telecommunications and
Information Administration, may grant an exemption
under subparagraph (A) only if the Chair of the Federal
Communications Commission in consultation with the
Administrator of the National Telecommunications and
Information Administration finds that the grant of an
exemption--
``(i) is necessary to achieve the purposes
of this subsection; and
``(ii) will serve the public interest.
``(C) Revocation.--Any exemption granted under
subparagraph (A) shall terminate automatically if the
designation granted to the law enforcement agency under
paragraph (2)(A) is revoked by the Secretary or the
Attorney General under paragraph (2)(B)(ii) or is
terminated under paragraph (3)(B).
``(6) Reporting.--Not later than 2 years after the date on
which the first law enforcement agency is designated under
paragraph (2), and annually thereafter for the duration of the
pilot program, the Secretary and the Attorney General shall
inform the appropriate committees of Congress in writing of the
use by any State, local, Tribal, or territorial law enforcement
agency of any authority granted pursuant to paragraph (4),
including a description of any privacy or civil liberties
complaints known to the Secretary or Attorney General in
connection with the use of that authority by the designated
agencies.
``(7) Restrictions.--Any entity acting pursuant to the
authorities granted under this subsection--
``(A) may do so only using equipment authorized by
the Department, in coordination with the Department of
Justice, the Federal Communications Commission, the
National Telecommunications and Information
Administration, and the Department of Transportation
(through the Federal Aviation Administration) according
to the criteria described in subsection (c)(2);
``(B) shall, prior to any such action, issue a
written policy certifying compliance with the privacy
protections of subparagraphs (A) through (D) of
subsection (j)(2);
``(C) shall ensure that all personnel undertaking
any actions listed under this subsection are properly
trained in accordance with the criteria that the
Secretary and Attorney General shall collectively
establish, in consultation with the Secretary of
Transportation, the Administrator of the Federal
Aviation Administration, the Chair of the Federal
Communications Commission, the Assistant Secretary of
Commerce for Communications and Information, and the
Administrator of the National Telecommunications and
Information Administration; and
``(D) shall comply with any additional guidance
relating to compliance with this subsection issued by
the Secretary or Attorney General.
``(e) Actions Described.--
``(1) In general.--The actions authorized under subsection
(c) that may be taken by a State, local, Tribal, or territorial
law enforcement agency, the Department, the Department of
Justice, and any owner or operator of an airport or critical
infrastructure, are limited to actions during the operation of
an unmanned aircraft system, to detect, identify, monitor, and
track the unmanned aircraft system or unmanned aircraft,
without prior consent, including by means of intercept or other
access of a wire communication, an oral communication, or an
electronic communication used to control the unmanned aircraft
system or unmanned aircraft.
``(2) Clarification.--The actions authorized in subsections
(b) and (d)(4) are the following:
``(A) During the operation of the unmanned aircraft
system or unmanned aircraft, detect, identify, monitor,
and track the unmanned aircraft system or unmanned
aircraft, without prior consent, including by means of
intercept or other access of a wire communication, an
oral communication, or an electronic communication used
to control the unmanned aircraft system or unmanned
aircraft.
``(B) Warn the operator of the unmanned aircraft
system or unmanned aircraft, including by passive or
active, and direct or indirect, physical, electronic,
radio, and electromagnetic means.
``(C) Disrupt control of the unmanned aircraft
system or unmanned aircraft, without prior consent of
the operator of the unmanned aircraft system or
unmanned aircraft, including by disabling the unmanned
aircraft system or unmanned aircraft by intercepting,
interfering, or causing interference with wire, oral,
electronic, or radio communications used to control the
unmanned aircraft system or unmanned aircraft.
``(D) Seize or exercise control of the unmanned
aircraft system or unmanned aircraft.
``(E) Seize or otherwise confiscate the unmanned
aircraft system or unmanned aircraft.
``(F) Use reasonable force, if necessary, to
disable, damage, or destroy the unmanned aircraft
system or unmanned aircraft.
``(f) Research, Testing, Training, and Evaluation.--
``(1) Requirement.--
``(A) In general.--Notwithstanding section 46502 of
title 49, United States Code, or any provision of title
18, United States Code, the Secretary, the Attorney
General, and the heads of the State, local, Tribal, or
territorial law enforcement agencies designated
pursuant to subsection (d)(2) shall conduct research,
testing, training on, and evaluation of any equipment,
including any electronic equipment, to determine the
capability and utility of the equipment prior to the
use of the equipment in carrying out any action
described in subsection (e).
``(B) Coordination.--Personnel and contractors who
do not have duties that include the safety, security,
or protection of people, facilities, or assets may
engage in research, testing, training, and evaluation
activities pursuant to subparagraph (A).
``(2) Training of federal, state, local, territorial, and
tribal law enforcement personnel.--The Attorney General,
through the Director of the Federal Bureau of Investigation,
may--
``(A) provide training relating to measures to
mitigate a credible threat that an unmanned aircraft or
unmanned aircraft system poses to the safety or
security of a covered facility or asset to any
personnel who are authorized to take such measures,
including personnel authorized to take the actions
described in subsection (e); and
``(B) establish or designate 1 or more facilities
or training centers for the purpose described in
subparagraph (A).
``(3) Coordination for research, testing, training, and
evaluation.--
``(A) In general.--The Secretary, the Attorney
General, and the heads of the State, local, Tribal, or
territorial law enforcement agencies designated
pursuant to subsection (d)(2) shall coordinate
procedures governing research, testing, training, and
evaluation to carry out any provision under this
subsection with the Administrator of the Federal
Aviation Administration before initiating such activity
in order that the Administrator of the Federal Aviation
Administration may ensure the activity does not
adversely impact or interfere with safe airport
operations, navigation, air traffic services, or the
safe and efficient operation of the national airspace
system.
``(B) State, local, tribal, and territorial law
enforcement agency coordination.--Each head of a State,
local, Tribal, or territorial law enforcement agency
designated pursuant to subsection (d)(2) shall
coordinate the procedures governing research, testing,
training, and evaluation of the law enforcement agency
through the Secretary and the Attorney General, in
coordination with the Federal Aviation Administration.
``(g) Forfeiture.--Any unmanned aircraft system or unmanned
aircraft that is lawfully seized by the Secretary or the Attorney
General pursuant to subsection (b) is subject to forfeiture to the
United States pursuant to the provisions of chapter 46 of title 18,
United States Code.
``(h) Regulations and Guidance.--The Secretary, the Attorney
General, and the Secretary of Transportation--
``(1) may prescribe regulations and shall issue guidance in
the respective areas of each Secretary or the Attorney General
to carry out this section; and
``(2) in developing regulations and guidance described in
subparagraph (A), consult the Chair of the Federal
Communications Commission, the Administrator of the National
Telecommunications and Information Administration, and the
Administrator of the Federal Aviation Administration.
``(i) Coordination.--
``(1) In general.--The Secretary and the Attorney General
shall coordinate with the Administrator of the Federal Aviation
Administration before carrying out any action authorized under
this section in order that the Administrator may ensure the
action does not adversely impact or interfere with--
``(A) safe airport operations;
``(B) navigation;
``(C) air traffic services; or
``(D) the safe and efficient operation of the
national airspace system.
``(2) Guidance.--Before issuing any guidance, or otherwise
implementing this section, the Secretary or the Attorney
General shall, respectively, coordinate with--
``(A) the Secretary of Transportation in order that
the Secretary of Transportation may ensure the guidance
or implementation does not adversely impact or
interfere with any critical infrastructure relating to
transportation; and
``(B) the Administrator of the Federal Aviation
Administration in order that the Administrator may
ensure the guidance or implementation does not
adversely impact or interfere with--
``(i) safe airport operations;
``(ii) navigation;
``(iii) air traffic services; or
``(iv) the safe and efficient operation of
the national airspace system.
``(3) Coordination with the faa.--The Secretary and the
Attorney General shall coordinate the development of their
respective guidance under subsection (h) with the Secretary of
Transportation (through the Administrator of the Federal
Aviation Administration).
``(4) Coordination with the department of transportation
and national telecommunications and information
administration.--The Secretary and the Attorney General, and
the heads of any State, local, Tribal, or territorial law
enforcement agencies designated pursuant to subsection (d)(2),
through the Secretary and the Attorney General, shall
coordinate the development for their respective departments or
agencies of the actions described in subsection (e) with the
Secretary of Transportation (through the Administrator of the
Federal Aviation Administration), the Assistant Secretary of
Commerce for Communications and Information, and the
Administrator of the National Telecommunications and
Information Administration.
``(5) State, local, tribal, and territorial
implementation.--Prior to taking any action authorized under
subsection (d)(4), each head of a State, local, Tribal, or
territorial law enforcement agency designated under subsection
(d)(2) shall coordinate, through the Secretary and the Attorney
General--
``(A) with the Secretary of Transportation in order
that the Administrators of non-aviation modes of the
Department of Transportation may evaluate whether the
action may have adverse impacts on critical
infrastructure relating to non-aviation transportation;
``(B) with the Administrator of the Federal
Aviation Administration in order that the Administrator
may ensure the action will have no adverse impact, or
will not, interfere with--
``(i) safe airport operations;
``(ii) navigation;
``(iii) air traffic services; or
``(iv) the safe and efficient operation of
the national airspace system; and
``(C) to allow the Department and the Department of
Justice to ensure that any action authorized by this
section is consistent with Federal law enforcement and
in the interest of national security.
``(j) Privacy Protection.--
``(1) In general.--Any regulation or guidance issued to
carry out an action under subsection (e) by the Secretary or
the Attorney General, respectively, shall ensure for the
Department or the Department of Justice, respectively, that--
``(A) the interception of, acquisition of, access
to, maintenance of, or use of any communication to or
from an unmanned aircraft system or unmanned aircraft
under this section is conducted in a manner consistent
with the First and Fourth Amendments to the
Constitution of the United States and any applicable
provision of Federal law;
``(B) any communication to or from an unmanned
aircraft system or unmanned aircraft are intercepted or
acquired only to the extent necessary to support an
action described in subsection (e);
``(C) any record of a communication described in
subparagraph (B) is maintained only for as long as
necessary, and in no event for more than 180 days,
unless the Secretary or the Attorney General, as
applicable, determines that maintenance of the record
is--
``(i) required under Federal law;
``(ii) necessary for the purpose of
litigation; and
``(iii) necessary to investigate or
prosecute a violation of law, including by--
``(I) directly supporting an
ongoing security operation; or
``(II) protecting against dangerous
or unauthorized activity by unmanned
aircraft systems or unmanned aircraft;
and
``(D) a communication described in subparagraph (B)
is not disclosed to any person not employed or
contracted by the Department or the Department of
Justice unless the disclosure--
``(i) is necessary to investigate or
prosecute a violation of law;
``(ii) will support--
``(I) the Department of Defense;
``(II) a Federal law enforcement,
intelligence, or security agency;
``(III) a State, local, Tribal, or
territorial law enforcement agency; or
``(IV) another relevant entity or
person if the entity or person is
engaged in a security or protection
operation;
``(iii) is necessary to support a
department or agency listed in clause (ii) in
investigating or prosecuting a violation of
law;
``(iv) will support the enforcement
activities of a Federal regulatory agency
relating to a criminal or civil investigation
of, or any regulatory, statutory, or other
enforcement action relating to, an action
described in subsection (e);
``(v) is between the Department and the
Department of Justice in the course of a
security or protection operation of either
department or a joint operation of those
departments; or
``(vi) is otherwise required by law.
``(2) Local privacy protection.--In exercising any
authority described in subsection (c) or (d), a State, local,
Tribal, or territorial law enforcement agency designated under
subsection (d)(2) or owner or operator of an airport or
critical infrastructure shall ensure that--
``(A) the interception of, acquisition of, access
to, maintenance of, or use of communications to or from
an unmanned aircraft system or unmanned aircraft under
this section is conducted in a manner consistent with--
``(i) the First and Fourth Amendments to
the Constitution of the United States; and
``(ii) applicable provisions of Federal,
and where required, State, local, Tribal, and
territorial law;
``(B) any communication to or from an unmanned
aircraft system or unmanned aircraft is intercepted or
acquired only to the extent necessary to support an
action described in subsection (e);
``(C) any record of a communication described in
subparagraph (B) is maintained only for as long as
necessary, and in no event for more than 180 days,
unless the Secretary, the Attorney General, or the head
of a State, local, Tribal, or territorial law
enforcement agency designated under subsection (d)(2)
determines that maintenance of the record is--
``(i) required to be maintained under
Federal, State, local, Tribal, or territorial
law;
``(ii) necessary for the purpose of any
litigation; or
``(iii) necessary to investigate or
prosecute a violation of law, including by--
``(I) directly supporting an
ongoing security or protection
operation; or
``(II) protecting against dangerous
or unauthorized activity by an unmanned
aircraft system or unmanned aircraft;
and
``(D) the communication is not disclosed outside
the agency or entity unless the disclosure--
``(i) is necessary to investigate or
prosecute a violation of law;
``(ii) would support the Department of
Defense, a Federal law enforcement,
intelligence, or security agency, or a State,
local, Tribal, or territorial law enforcement
agency;
``(iii) would support the enforcement
activities of a Federal regulatory agency in
connection with a criminal or civil
investigation of, or any regulatory, statutory,
or other enforcement action relating to, an
action described in subsection (e);
``(iv) is to the Department or the
Department of Justice in the course of a
security or protection operation of either the
Department or the Department of Justice, or a
joint operation of the Department and
Department of Justice; or
``(v) is otherwise required by law.
``(k) Budget.--
``(1) In general.--The Secretary and the Attorney General
shall submit to Congress, as a part of the homeland security or
justice budget materials for each fiscal year after fiscal year
2023, a consolidated funding display that identifies the
funding source for the actions described in subsection (e)
within the Department and the Department of Justice.
``(2) Classification.--Each funding display submitted under
paragraph (1) shall be in unclassified form but may contain a
classified annex.
``(l) Public Disclosures.--
``(1) In general.--Notwithstanding any provision of State,
local, Tribal, or territorial law, information shall be
governed by the disclosure obligations set forth in section 552
of title 5, United States Code (commonly known as the `Freedom
of Information Act'), if the information relates to--
``(A) any capability, limitation, or sensitive
detail of the operation of any technology used to carry
out an action described in subsection (e)(1) of this
section; or
``(B) an operational procedure or protocol used to
carry out this section.
``(2) State, local, tribal, or territorial agency use.--
``(A) Control.--Information described in paragraph
(1) that is obtained by a State, local, Tribal, or
territorial law enforcement agency from a Federal
agency under this section--
``(i) shall remain subject to the control
of the Federal agency, notwithstanding that the
State, local, Tribal, or territorial law
enforcement agency has the information
described in paragraph (1) in the possession of
the State, local, Tribal, or territorial law
enforcement agency; and
``(ii) shall not be subject to any State,
local, Tribal, or territorial law authorizing
or requiring disclosure of the information
described in paragraph (1).
``(B) Access.--Any request for public access to
information described in paragraph (1) shall be
submitted to the originating Federal agency, which
shall process the request as required under section
552(a)(3) of title 5, United States Code.
``(m) Assistance and Support.--
``(1) Facilities and services of other agencies and non-
federal entities.--
``(A) In general.--The Secretary and the Attorney
General are authorized to use or accept from any other
Federal agency, or any other public or private entity,
any supply or service to facilitate or carry out any
action described in subsection (e).
``(B) Reimbursement.--In accordance with
subparagraph (A), the Secretary and the Attorney
General may accept any supply or service with or
without reimbursement to the entity providing the
supply or service and notwithstanding any provision of
law that would prevent the use or acceptance of the
supply or service.
``(C) Agreements.--To implement the requirements of
subsection (a)(5)(C), the Secretary or the Attorney
General may enter into 1 or more agreements with the
head of another executive agency or with an appropriate
official of a non-Federal public or private agency or
entity, as may be necessary and proper to carry out the
responsibilities of the Secretary and Attorney General
under this section.
``(2) Mutual support.--
``(A) In general.--Subject to subparagraph (B), the
Secretary and the Attorney General are authorized to
provide support or assistance, upon the request of a
Federal agency or department conducting--
``(i) a mission described in subsection
(a)(5)(C);
``(ii) a mission described in section 130i
of title 10, United States Code; or
``(iii) a mission described in section 4510
of the Atomic Energy Defense Act (50 U.S.C.
2661).
``(B) Requirements.--Any support or assistance
provided by the Secretary or the Attorney General shall
only be granted--
``(i) for the purpose of fulfilling the
roles and responsibilities of the Federal
agency or department that made the request for
the mission for which the request was made;
``(ii) when exigent circumstances exist;
``(iii) for a specified duration and
location;
``(iv) within available resources;
``(v) on a non-reimbursable basis; and
``(vi) in coordination with the
Administrator of the Federal Aviation
Administration.
``(n) Semiannual Briefings and Notifications.--
``(1) In general.--On a semiannual basis beginning 180 days
after the date of enactment of the Safeguarding the Homeland
from the Threats Posed by Unmanned Aircraft Systems Act of
2022, the Secretary and the Attorney General shall,
respectively, provide a briefing to the appropriate committees
of Congress on the activities carried out pursuant to this
section.
``(2) Requirement.--The Secretary and the Attorney General
each shall conduct the briefing required under paragraph (1)
jointly with the Secretary of Transportation.
``(3) Content.--Each briefing required under paragraph (1)
shall include--
``(A) policies, programs, and procedures to
mitigate or eliminate impacts of activities carried out
pursuant to this section to the national airspace
system and other critical infrastructure relating to
national transportation;
``(B) a description of--
``(i) each instance in which any action
described in subsection (e) has been taken,
including any instances that may have resulted
in harm, damage, or loss to a person or to
private property;
``(ii) the guidance, policies, or
procedures established by the Secretary or the
Attorney General to address privacy, civil
rights, and civil liberties issues implicated
by the actions permitted under this section, as
well as any changes or subsequent efforts by
the Secretary or the Attorney General that
would significantly affect privacy, civil
rights, or civil liberties;
``(iii) options considered and steps taken
by the Secretary or the Attorney General to
mitigate any identified impacts to the national
airspace system relating to the use of any
system or technology, including the
minimization of the use of any technology that
disrupts the transmission of radio or
electronic signals, for carrying out the
actions described in subsection (e)(2); and
``(iv) each instance in which a
communication intercepted or acquired during
the course of operations of an unmanned
aircraft system or unmanned aircraft was--
``(I) held in the possession of the
Department or the Department of Justice
for more than 180 days; or
``(II) shared with any entity other
than the Department or the Department
of Justice;
``(C) an explanation of how the Secretary, the
Attorney General, and the Secretary of Transportation
have--
``(i) informed the public as to the
possible use of authorities granted under this
section; and
``(ii) engaged with Federal, State, local,
Tribal, and territorial law enforcement
agencies to implement and use authorities
granted under this section;
``(D) an assessment of whether any gaps or
insufficiencies remain in laws, regulations, and
policies that impede the ability of the Federal
Government or State, local, Tribal, and territorial
governments and owners or operators of critical
infrastructure to counter the threat posed by the
malicious use of unmanned aircraft systems and unmanned
aircraft;
``(E) an assessment of efforts to integrate
unmanned aircraft system threat assessments within
National Special Security Event and Special Event
Assessment Rating planning and protection efforts;
``(F) recommendations to remedy any gaps or
insufficiencies described in subparagraph (D),
including recommendations relating to necessary changes
in law, regulations, or policies;
``(G) a description of the impact of the
authorities granted under this section on--
``(i) lawful operator access to national
airspace; and
``(ii) unmanned aircraft systems and
unmanned aircraft integration into the national
airspace system; and
``(H) a summary from the Secretary of any data and
results obtained pursuant to subsection (r), including
an assessment of--
``(i) how the details of the incident were
obtained; and
``(ii) whether the operation involved a
violation of Federal Aviation Administration
aviation regulations.
``(4) Unclassified form.--Each briefing required under
paragraph (1) shall be in unclassified form but may be
accompanied by an additional classified briefing.
``(5) Notification.--
``(A) In general.--Not later than 30 days after an
authorized department, agency, or owner or operator of
an airport or critical infrastructure deploys any new
technology to carry out the actions described in
subsection (e), the Secretary and the Attorney General
shall, respectively or jointly, as appropriate, submit
a notification of the deployment to the appropriate
committees of Congress.
``(B) Contents.--Each notification submitted
pursuant to subparagraph (A) shall include a
description of options considered to mitigate any
identified impacts to the national airspace system
relating to the use of any system or technology,
including the minimization of the use of any technology
that disrupts the transmission of radio or electronic
signals in carrying out the actions described in
subsection (e).
``(o) Rule of Construction.--Nothing in this section shall be
construed to--
``(1) vest in the Secretary, the Attorney General, or any
State, local, Tribal, or territorial law enforcement agency,
authorized under subsection (c) or designated under subsection
(d)(2) any authority of the Secretary of Transportation or the
Administrator of the Federal Aviation Administration;
``(2) vest in the Secretary of Transportation, the
Administrator of the Federal Aviation Administration, or any
State, local, Tribal, or territorial law enforcement agency
designated under subsection (d)(2) any authority of the
Secretary or the Attorney General;
``(3) vest in the Secretary any authority of the Attorney
General;
``(4) vest in the Attorney General any authority of the
Secretary; or
``(5) provide a new basis of liability with respect to an
officer of a State, local, Tribal, or territorial law
enforcement agency designated under subsection (d)(2) or who
participates in the protection of a mass gathering identified
by the Secretary or Attorney General under subsection
(a)(5)(C)(iii)(II), who--
``(A) is acting in the official capacity of the
individual as an officer; and
``(B) does not exercise the authority granted to
the Secretary and the Attorney General by this section.
``(p) Termination.--
``(1) Termination of additional limited authority for
detection, identification, monitoring, and tracking.--The
authority to carry out any action authorized under subsection
(c), if performed by a non-Federal entity, shall terminate on
the date that is 5 years and 6 months after the date of
enactment of the Safeguarding the Homeland from the Threats
Posed by Unmanned Aircraft Systems Act of 2022 and the
authority for the pilot program established under subsection
(d) shall terminate as provided for in paragraph (3) of that
subsection.
``(2) Termination of authorities with respect to covered
facilities and assets.--The authority to carry out this section
with respect to a covered facility or asset shall terminate on
the date that is 7 years after the date of enactment of the
Safeguarding the Homeland from the Threats Posed by Unmanned
Aircraft Systems Act of 2022.
``(q) Scope of Authority.--Nothing in this section shall be
construed to provide the Secretary or the Attorney General with any
additional authority other than the authorities described in
subsections (a)(5)(C)(iii), (b), (c), (d), and (f).
``(r) United States Government Database.--
``(1) Authorization.--The Department is authorized to
develop a Federal database to enable the transmission of data
concerning security-related incidents in the United States
involving unmanned aircraft and unmanned aircraft systems
between Federal, State, local, Tribal, and territorial law
enforcement agencies for purposes of conducting analyses of
such threats in the United States.
``(2) Policies, plans, and procedures.--
``(A) Coordination and consultation.--Before
implementation of the database developed under
paragraph (1), the Secretary shall develop policies,
plans, and procedures for the implementation of the
database--
``(i) in coordination with the Attorney
General, the Secretary of Defense, and the
Secretary of Transportation (through the
Administrator of the Federal Aviation
Administration); and
``(ii) in consultation with State, local,
Tribal, and territorial law enforcement agency
representatives, including representatives of
fusion centers.
``(B) Reporting.--The policies, plans, and
procedures developed under subparagraph (A) shall
include criteria for Federal, State, local, Tribal, and
territorial reporting of unmanned aircraft systems or
unmanned aircraft incidents.
``(C) Data retention.--The policies, plans, and
procedures developed under subparagraph (A) shall
ensure that data on security-related incidents in the
United States involving unmanned aircraft and unmanned
aircraft systems that is retained as criminal
intelligence information is retained based on the
reasonable suspicion standard, as permitted under part
23 of title 28, Code of Federal Regulations.''.
Calendar No. 676
117th CONGRESS
2d Session
S. 4687
[Report No. 117-277]
_______________________________________________________________________ | Safeguarding the Homeland from the Threats Posed by Unmanned Aircraft Systems Act of 2022 | A bill to enhance the authority granted to the Department of Homeland Security and Department of Justice with respect to unmanned aircraft systems and unmanned aircraft, and for other purposes. | Safeguarding the Homeland from the Threats Posed by Unmanned Aircraft Systems Act of 2022
Safeguarding the Homeland from the Threats Posed by Unmanned Aircraft Systems Act of 2022 | Sen. Peters, Gary C. | D | MI |
1,116 | 13,529 | H.R.4438 | Health | Conservatorships Immoral Relationship with Contraception in the United States Act or the CIRCUS Act
This bill excludes from participation in federal health care programs providers who (1) require the approval of the conservator before removing a contraceptive device from an individual under a conservatorship, or (2) prescribe birth control medications to an individual under a conservatorship without that individual's written consent. | To amend title XI of the Social Security Act to exclude from Federal
health care programs health care providers performing certain acts
forcing contraception with respect to individuals subject to a
conservatorship.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Conservatorships Immoral
Relationship with Contraception in the United States Act'' or the
``CIRCUS Act''.
SEC. 2. EXCLUDING FROM FEDERAL HEALTH CARE PROGRAMS HEALTH CARE
PROVIDERS PERFORMING CERTAIN ACTS FORCING CONTRACEPTION
WITH RESPECT TO INDIVIDUALS SUBJECT TO A CONSERVATORSHIP.
Section 1128(a) of the Social Security Act (42 U.S.C. 1320a-7(a))
is amended by adding at the end the following new paragraph:
``(5) Certain acts forcing contraception with respect to
individuals subject to conservatorship.--Any health care
provider that on or after the date of the enactment of this
paragraph--
``(A) denies the removal of an intrauterine device
or other contraceptive device from an individual who is
subject to a conservatorship by reason of the
conservator not approving of such removal; or
``(B) knowingly prescribes birth control medication
(including any method of contraception approved or
otherwise authorized by the Food and Drug
Administration) to an individual subject to a
conservatorship without the written consent of such
individual.''.
<all> | CIRCUS Act | To amend title XI of the Social Security Act to exclude from Federal health care programs health care providers performing certain acts forcing contraception with respect to individuals subject to a conservatorship. | CIRCUS Act
Conservatorships Immoral Relationship with Contraception in the United States Act | Rep. Smith, Jason | R | MO |
1,117 | 6,608 | H.R.1157 | International Affairs | Department of State Authorization Act of 2021
This bill modifies the management and operations of the Department of State through various measures. These include requiring actions to recruit and retain a diverse workforce, establishing offices and roles to carry out designated functions, and providing for certain public diplomacy and anti-corruption measures.
Specifically, the bill addresses personnel matters within the State Department by, for example, requiring the State Department to submit a comprehensive five-year strategic staffing plan and otherwise modifying provisions related to home leave travel, employee assignment restrictions and preclusions, and the recall and reemployment of career members of the Foreign and civil service. Further, the bill establishes recruitment, retention, and promotion requirements to further the goal of achieving a more diverse workforce at the State Department.
In addition, the bill modifies the organization and operations of the State Department by, among other things, (1) providing statutory authority for the Bureau of Consular Affairs and the Bureau of Population, Refugees, and Migration; and (2) authorizing the establishment of an Assistant Secretary of State for Energy Resources to handle global energy-related issues.
The bill also establishes measures to address State Department information and data security, revises procedures and requirements related to the overseas construction of embassies and consulates, and requires the State Department to report on the efforts of the Coronavirus Repatriation Task Force. | To provide for certain authorities of the Department of State, and for
other 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 ``Department of
State Authorization 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. Definitions.
Sec. 3. Determination of budgetary effects.
TITLE I--ORGANIZATION AND OPERATIONS OF THE DEPARTMENT OF STATE
Sec. 1001. Diplomatic Programs.
Sec. 1002. Sense of Congress on importance of Department of State's
work.
Sec. 1003. Bureau of Democracy, Human Rights, and Labor.
Sec. 1004. Assistant Secretary for International Narcotics and Law
Enforcement Affairs.
Sec. 1005. Bureau of Consular Affairs; Bureau of Population, Refugees,
and Migration.
Sec. 1006. Office of International Disability Rights.
Sec. 1007. Anti-piracy information sharing.
Sec. 1008. Importance of foreign affairs training to national security.
Sec. 1009. Classification and assignment of Foreign Service officers.
Sec. 1010. Energy diplomacy and security within the Department of
State.
Sec. 1011. National Museum of American Diplomacy.
Sec. 1012. Extension of period for reimbursement of fishermen for costs
incurred from the illegal seizure and
detention of U.S.-flag fishing vessels by
foreign governments.
Sec. 1013. Art in embassies.
Sec. 1014. Amendment or repeal of reporting requirements.
Sec. 1015. Reporting on implementation of GAO recommendations.
Sec. 1016. Office of Global Criminal Justice.
TITLE II--EMBASSY CONSTRUCTION
Sec. 1201. Embassy security, construction, and maintenance.
Sec. 1202. Standard design in capital construction.
Sec. 1203. Capital construction transparency.
Sec. 1204. Contractor performance information.
Sec. 1205. Growth projections for new embassies and consulates.
Sec. 1206. Long-range planning process.
Sec. 1207. Value engineering and risk assessment.
Sec. 1208. Business volume.
Sec. 1209. Embassy security requests and deficiencies.
Sec. 1210. Overseas security briefings.
Sec. 1211. Contracting methods in capital construction.
Sec. 1212. Competition in embassy construction.
Sec. 1213. Statement of policy.
Sec. 1214. Definitions.
TITLE III--PERSONNEL ISSUES
Sec. 1301. Defense Base Act insurance waivers.
Sec. 1302. Study on Foreign Service allowances.
Sec. 1303. Science and technology fellowships.
Sec. 1304. Travel for separated families.
Sec. 1305. Home leave travel for separated families.
Sec. 1306. Sense of Congress regarding certain fellowship programs.
Sec. 1307. Technical correction.
Sec. 1308. Foreign Service awards.
Sec. 1309. Workforce actions.
Sec. 1310. Sense of Congress regarding veterans employment at the
Department of State.
Sec. 1311. Employee assignment restrictions and preclusions.
Sec. 1312. Recall and reemployment of career members.
Sec. 1313. Strategic staffing plan for the Department of State.
Sec. 1314. Consulting services.
Sec. 1315. Incentives for critical posts.
Sec. 1316. Extension of authority for certain accountability review
boards.
Sec. 1317. Foreign Service suspension without pay.
Sec. 1318. Foreign Affairs Manual and Foreign Affairs Handbook changes.
Sec. 1319. Waiver authority for individual occupational requirements of
certain positions.
Sec. 1320. Appointment of employees to the Global Engagement Center.
Sec. 1321. Rest and recuperation and overseas operations leave for
Federal employees.
Sec. 1322. Emergency medical services authority.
Sec. 1323. Department of State Student Internship Program.
Sec. 1324. Competitive status for certain employees hired by Inspectors
General to support the lead IG mission.
Sec. 1325. Cooperation with Office of the Inspector General.
Sec. 1326. Information on educational opportunities for children with
special educational needs consistent with
the Individuals With Disabilities Education
Act.
Sec. 1327. Implementation of gap memorandum in selection board process.
TITLE IV--A DIVERSE WORKFORCE: RECRUITMENT, RETENTION, AND PROMOTION
Sec. 1401. Definitions.
Sec. 1402. Collection, analysis, and dissemination of workforce data.
Sec. 1403. Exit interviews for workforce.
Sec. 1404. Recruitment and retention.
Sec. 1405. Promoting diversity and inclusion in the national security
workforce.
Sec. 1406. Leadership engagement and accountability.
Sec. 1407. Professional development opportunities and tools.
Sec. 1408. Examination and oral assessment for the Foreign Service.
Sec. 1409. Payne fellowship authorization.
Sec. 1410. Voluntary participation.
TITLE V--INFORMATION SECURITY
Sec. 1501. Definitions.
Sec. 1502. List of certain telecommunications providers.
Sec. 1503. Preserving records of electronic communications conducted
related to official duties of positions in
the public trust of the American people.
Sec. 1504. Foreign Relations of the United States (FRUS) series and
declassification.
Sec. 1505. Vulnerability Disclosure Policy and Bug Bounty Pilot
Program.
TITLE VI--PUBLIC DIPLOMACY
Sec. 1601. Short title.
Sec. 1602. Avoiding duplication of programs and efforts.
Sec. 1603. Improving research and evaluation of public diplomacy.
Sec. 1604. Permanent reauthorization of the United States Advisory
Commission on Public Diplomacy.
Sec. 1605. Streamlining of support functions.
Sec. 1606. Guidance for closure of public diplomacy facilities.
Sec. 1607. Definitions.
TITLE VII--COMBATING PUBLIC CORRUPTION
Sec. 1701. Sense of congress.
Sec. 1702. Annual assessment.
Sec. 1703. Transparency and accountability.
Sec. 1704. Designation of embassy anti-corruption points of contact.
TITLE VIII--OTHER MATTERS
Sec. 1801. Case-Zablocki Act Reform.
Sec. 1802. Limitation on assistance to countries in default.
Sec. 1803. Sean and David Goldman Child Abduction Prevention and Return
Act of 2014 amendment.
Sec. 1804. Modification of authorities of Commission for the
Preservation of America's Heritage Abroad.
Sec. 1805. Chief of mission concurrence.
Sec. 1806. Report on efforts of the Coronavirus Repatriation Task
Force.
SEC. 2. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Foreign Affairs of the House of Representatives and the
Committee on Foreign Relations of the Senate.
(2) Department.--If not otherwise specified, the term
``Department'' means the Department of State.
(3) Secretary.--If not otherwise specified, the term
``Secretary'' means the Secretary of State.
SEC. 3. DETERMINATION OF BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the House Budget Committee, provided that
such statement has been submitted prior to the vote on passage.
TITLE I--ORGANIZATION AND OPERATIONS OF THE DEPARTMENT OF STATE
SEC. 1001. DIPLOMATIC PROGRAMS.
For ``Diplomatic Programs'', there is authorized to be appropriated
$9,170,013,000 for fiscal year 2022.
SEC. 1002. SENSE OF CONGRESS ON IMPORTANCE OF DEPARTMENT OF STATE'S
WORK.
It is the sense of Congress that--
(1) United States global engagement is key to a stable and
prosperous world;
(2) United States leadership is indispensable in light of
the many complex and interconnected threats facing the United
States and the world;
(3) diplomacy and development are critical tools of
national power, and full deployment of these tools is vital to
United States national security;
(4) challenges such as the global refugee and migration
crises, terrorism, historic famine and food insecurity, and
fragile or repressive societies cannot be addressed without
sustained and robust United States diplomatic and development
leadership;
(5) the United States Government must use all of the
instruments of national security and foreign policy at its
disposal to protect United States citizens, promote United
States interests and values, and support global stability and
prosperity;
(6) United States security and prosperity depend on having
partners and allies that share our interests and values, and
these partnerships are nurtured and our shared interests and
values are promoted through United States diplomatic
engagement, security cooperation, economic statecraft, and
assistance that helps further economic development, good
governance, including the rule of law and democratic
institutions, and the development of shared responses to
natural and humanitarian disasters;
(7) as the United States Government agencies primarily
charged with conducting diplomacy and development, the
Department and the United States Agency for International
Development (USAID) require sustained and robust funding to
carry out this important work, which is essential to our
ability to project United States leadership and values and to
advance United States interests around the world;
(8) the work of the Department and USAID makes the United
States and the world safer and more prosperous by alleviating
global poverty and hunger, fighting HIV/AIDS and other
infectious diseases, strengthening alliances, expanding
educational opportunities for women and girls, promoting good
governance and democracy, supporting anti-corruption efforts,
driving economic development and trade, preventing armed
conflicts and humanitarian crises, and creating American jobs
and export opportunities;
(9) the Department and USAID are vital national security
agencies, whose work is critical to the projection of United
States power and leadership worldwide, and without which
Americans would be less safe, United States economic power
would be diminished, and global stability and prosperity would
suffer;
(10) investing in diplomacy and development before
conflicts break out saves American lives while also being cost-
effective; and
(11) the contributions of personnel working at the
Department and USAID are extraordinarily valuable and allow the
United States to maintain its leadership around the world.
SEC. 1003. BUREAU OF DEMOCRACY, HUMAN RIGHTS, AND LABOR.
Paragraph (2) of section 1(c) of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2651a) is amended--
(1) in subparagraph (A), by adding at the end the following
new sentence: ``All special envoys, ambassadors, and
coordinators located within the Bureau of Democracy, Human
Rights, and Labor shall report directly to the Assistant
Secretary unless otherwise provided by law.'';
(2) in subparagraph (B)(ii)--
(A) by striking ``section'' and inserting
``sections 116 and''; and
(B) by inserting before the period at the end the
following: ``(commonly referred to as the annual
`Country Reports on Human Rights Practices')''; and
(3) by adding at the end the following new subparagraphs:
``(C) Authorities.--In addition to the duties,
functions, and responsibilities specified in this
paragraph, the Assistant Secretary of State for
Democracy, Human Rights, and Labor is authorized to--
``(i) promote democracy and actively
support human rights throughout the world;
``(ii) promote the rule of law and good
governance throughout the world;
``(iii) strengthen, empower, and protect
civil society representatives, programs, and
organizations, and facilitate their ability to
engage in dialogue with governments and other
civil society entities;
``(iv) work with regional bureaus to ensure
adequate personnel at diplomatic posts are
assigned responsibilities relating to advancing
democracy, human rights, labor rights, women's
equal participation in society, and the rule of
law, with particular attention paid to adequate
oversight and engagement on such issues by
senior officials at such posts;
``(v) review and, as appropriate, make
recommendations to the Secretary of State
regarding the proposed transfer of--
``(I) defense articles and defense
services authorized under the Foreign
Assistance Act of 1961 (22 U.S.C. 2151
et seq.) or the Arms Export Control Act
(22 U.S.C. 2751 et seq.); and
``(II) military items listed on the
`600 series' of the Commerce Control
List contained in Supplement No. 1 to
part 774 of subtitle B of title 15,
Code of Federal Regulations;
``(vi) coordinate programs and activities
that protect and advance the exercise of human
rights and internet freedom in cyberspace; and
``(vii) implement other relevant policies
and provisions of law.
``(D) Local oversight.--United States missions,
when executing DRL programming, to the extent
practicable, should assist in exercising oversight
authority and coordinate with the Bureau of Democracy,
Human Rights, and Labor to ensure that funds are
appropriately used and comply with anti-corruption
practices.''.
SEC. 1004. ASSISTANT SECRETARY FOR INTERNATIONAL NARCOTICS AND LAW
ENFORCEMENT AFFAIRS.
(a) In General.--Section 1(c) of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2651a(c)) is amended--
(1) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively; and
(2) by inserting after paragraph (2) the following new
paragraph:
``(3) Assistant secretary for international narcotics and
law enforcement affairs.--
``(A) In general.--There is authorized to be in the
Department of State an Assistant Secretary for
International Narcotics and Law Enforcement Affairs,
who shall be responsible to the Secretary of State for
all matters, programs, and related activities
pertaining to international narcotics, anti-crime, and
law enforcement affairs in the conduct of foreign
policy by the Department, including, as appropriate,
leading the coordination of programs carried out by
United States Government agencies abroad, and such
other related duties as the Secretary may from time to
time designate.
``(B) Areas of responsibility.--The Assistant
Secretary for International Narcotics and Law
Enforcement Affairs shall maintain continuous
observation and coordination of all matters pertaining
to international narcotics, anti-crime, and law
enforcement affairs in the conduct of foreign policy,
including programs carried out by other United States
Government agencies when such programs pertain to the
following matters:
``(i) Combating international narcotics
production and trafficking.
``(ii) Strengthening foreign justice
systems, including judicial and prosecutorial
capacity, appeals systems, law enforcement
agencies, prison systems, and the sharing of
recovered assets.
``(iii) Training and equipping foreign
police, border control, other government
officials, and other civilian law enforcement
authorities for anti-crime purposes, including
ensuring that no foreign security unit or
member of such unit shall receive such
assistance from the United States Government
absent appropriate vetting.
``(iv) Ensuring the inclusion of human
rights and women's participation issues in law
enforcement programs, in consultation with the
Assistant Secretary for Democracy, Human
Rights, and Labor, and other senior officials
in regional and thematic bureaus and offices.
``(v) Combating, in conjunction with other
relevant bureaus of the Department of State and
other United States Government agencies, all
forms of transnational organized crime,
including human trafficking, illicit
trafficking in arms, wildlife, and cultural
property, migrant smuggling, corruption, money
laundering, the illicit smuggling of bulk cash,
the licit use of financial systems for malign
purposes, and other new and emerging forms of
crime.
``(vi) Identifying and responding to global
corruption, including strengthening the
capacity of foreign government institutions
responsible for addressing financial crimes and
engaging with multilateral organizations
responsible for monitoring and supporting
foreign governments' anti-corruption efforts.
``(C) Additional duties.--In addition to the
responsibilities specified in subparagraph (B), the
Assistant Secretary for International Narcotics and Law
Enforcement Affairs shall also--
``(i) carry out timely and substantive
consultation with chiefs of mission and, as
appropriate, the heads of other United States
Government agencies to ensure effective
coordination of all international narcotics and
law enforcement programs carried out overseas
by the Department and such other agencies;
``(ii) coordinate with the Office of
National Drug Control Policy to ensure lessons
learned from other United States Government
agencies are available to the Bureau of
International Narcotics and Law Enforcement
Affairs of the Department;
``(iii) develop standard requirements for
monitoring and evaluation of Bureau programs,
including metrics for success that do not rely
solely on the amounts of illegal drugs that are
produced or seized;
``(iv) in coordination with the Secretary
of State, annually certify in writing to the
Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign
Relations of the Senate that United States law
enforcement personnel posted abroad whose
activities are funded to any extent by the
Bureau of International Narcotics and Law
Enforcement Affairs are complying with section
207 of the Foreign Service Act of 1980 (22
U.S.C. 3927); and
``(v) carry out such other relevant duties
as the Secretary may assign.
``(D) Rule of construction.--Nothing in this
paragraph may be construed to limit or impair the
authority or responsibility of any other Federal agency
with respect to law enforcement, domestic security
operations, or intelligence activities as defined in
Executive Order 12333.''.
(b) Modification of Annual International Narcotics Control Strategy
Report.--Subsection (a) of section 489 of the Foreign Assistance Act of
1961 (22 U.S.C. 2291h) is amended by inserting after paragraph (9) the
following new paragraph:
``(10) A separate section that contains an identification
of all United States Government-supported units funded by the
Bureau of International Narcotics and Law Enforcement Affairs
and any Bureau-funded operations by such units in which United
States law enforcement personnel have been physically
present.''.
SEC. 1005. BUREAU OF CONSULAR AFFAIRS; BUREAU OF POPULATION, REFUGEES,
AND MIGRATION.
Section 1 of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2651a) is amended--
(1) by redesignating subsection (g) and (h) as subsections
(i) and (j), respectively; and
(2) by inserting after subsection (f) the following new
subsections:
``(g) Bureau of Consular Affairs.--There is in the Department of
State the Bureau of Consular Affairs, which shall be headed by the
Assistant Secretary of State for Consular Affairs.
``(h) Bureau of Population, Refugees, and Migration.--There is in
the Department of State the Bureau of Population, Refugees, and
Migration, which shall be headed by the Assistant Secretary of State
for Population, Refugees, and Migration.''.
SEC. 1006. OFFICE OF INTERNATIONAL DISABILITY RIGHTS.
(a) Establishment.--There should be established in the Department
of State an Office of International Disability Rights (referred to in
this section as the ``Office'').
(b) Duties.--The Office should--
(1) seek to ensure that all United States foreign
operations are accessible to, and inclusive of, persons with
disabilities;
(2) promote the human rights and full participation in
international development activities of all persons with
disabilities;
(3) promote disability inclusive practices and the training
of Department of State staff on soliciting quality programs
that are fully inclusive of people with disabilities;
(4) represent the United States in diplomatic and
multilateral fora on matters relevant to the rights of persons
with disabilities, and work to raise the profile of disability
across a broader range of organizations contributing to
international development efforts;
(5) conduct regular consultation with civil society
organizations working to advance international disability
rights and empower persons with disabilities internationally;
(6) consult with other relevant offices at the Department
that are responsible for drafting annual reports documenting
progress on human rights, including, wherever applicable,
references to instances of discrimination, prejudice, or abuses
of persons with disabilities;
(7) advise the Bureau of Human Resources or its equivalent
within the Department regarding the hiring and recruitment and
overseas practices of civil service employees and Foreign
Service officers with disabilities and their family members
with chronic medical conditions or disabilities; and
(8) carry out such other relevant duties as the Secretary
of State may assign.
(c) Supervision.--The Office may be headed by--
(1) a senior advisor to the appropriate Assistant Secretary
of State; or
(2) an officer exercising significant authority who reports
to the President or Secretary of State, appointed by and with
the advice and consent of the Senate.
(d) Consultation.--The Secretary of State should direct Ambassadors
at Large, Representatives, Special Envoys, and coordinators working on
human rights to consult with the Office to promote the human rights and
full participation in international development activities of all
persons with disabilities.
SEC. 1007. ANTI-PIRACY INFORMATION SHARING.
The Secretary is authorized to provide for the participation by the
United States in the Information Sharing Centre located in Singapore,
as established by the Regional Cooperation Agreement on Combating
Piracy and Armed Robbery against Ships in Asia (ReCAAP).
SEC. 1008. IMPORTANCE OF FOREIGN AFFAIRS TRAINING TO NATIONAL SECURITY.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the Department is a crucial national security agency,
whose employees, both Foreign and Civil Service, require the
best possible training at every stage of their careers to
prepare them to promote and defend United States national
interests and the health and safety of United States citizens
abroad;
(2) the Department of State's investment of time and
resources with respect to the training and education of its
personnel is considerably below the level of other Federal
departments and agencies in the national security field, and
falls well below the investments many allied and adversarial
countries make in the development of their diplomats;
(3) the Department faces increasingly complex and rapidly
evolving challenges, many of which are science and technology-
driven, and which demand the continual, high-quality training
and education of its personnel;
(4) the Department must move beyond reliance on ``on-the-
job training'' and other informal mentorship practices, which
lead to an inequality in skillset development and career
advancement opportunities, often particularly for minority
personnel, and towards a robust professional tradecraft
training continuum that will provide for greater equality in
career advancement and increase minority participation in the
senior ranks;
(5) the Department's Foreign Service Institute and other
training facilities should seek to substantially increase its
educational and training offerings to Department personnel,
including developing new and innovative educational and
training courses, methods, programs, and opportunities; and
(6) consistent with existing Department gift acceptance
authority and other applicable laws, the Department and Foreign
Service Institute may accept funds and other resources from
foundations, not-for-profit corporations, and other appropriate
sources to help the Department and the Institute enhance the
quantity and quality of training offerings, especially in the
introduction of new, innovative, and pilot model courses.
(b) Training Float.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State shall develop and submit
to the appropriate congressional committees a strategy to establish a
``training float'' to allow for up to 15 percent of the Civil and
Foreign Service to participate in long-term training at any given time.
The strategy should identify steps necessary to ensure implementation
of the training priorities identified in subsection (c), sufficient
training capacity and opportunities are available to Civil and Foreign
Service officers, equitable distribution of long-term training
opportunities to Civil and Foreign Service officers, and any additional
resources or authorities necessary to facilitate such a training float,
including programs at the George P. Schultz National Foreign Affairs
Training Center, the Foreign Service Institute, the Foreign Affairs
Security Training Center, and other facilities or programs operated by
the Department of State. The strategy shall identify which types of
training would be prioritized, the extent (if any) to which such
training is already being provided to Civil and Foreign Service
officers by the Department of State, any factors incentivizing or
disincentivizing such training, and why such training cannot be
achieved without Civil and Foreign Service officers leaving the
workforce. In addition to training opportunities provided by the
Department, the strategy shall consider training that could be provided
by the other United States Government training institutions, as well as
non-governmental educational institutions. The strategy shall consider
approaches to overcome disincentives to pursuing long-term training.
(c) Prioritization.--In order to provide the Civil and Foreign
Service with the level of education and training needed to effectively
advance United States interests across the globe, the Department of
State should--
(1) increase its offerings--
(A) of virtual instruction to make training more
accessible to personnel deployed throughout the world;
or
(B) at partner organizations to provide useful
outside perspectives to Department personnel;
(2) offer courses utilizing computer-based or assisted
simulations, allowing civilian officers to lead decision-making
in a crisis environment; and
(3) consider increasing the duration and expanding the
focus of certain training courses, including--
(A) the A-100 orientation course for Foreign
Service officers, and
(B) the chief of mission course to more accurately
reflect the significant responsibilities accompanying
such role.
(d) Other Agency Responsibilities.--Other national security
agencies should increase the enrollment of their personnel in courses
at the Foreign Service Institute and other Department of State training
facilities to promote a whole-of-government approach to mitigating
national security challenges.
SEC. 1009. CLASSIFICATION AND ASSIGNMENT OF FOREIGN SERVICE OFFICERS.
The Foreign Service Act of 1980 is amended--
(1) in section 501 (22 U.S.C. 3981), by inserting ``If a
position designated under this section is unfilled for more
than 365 calendar days, such position may be filled, as
appropriate, on a temporary basis, in accordance with section
309.'' after ``Positions designated under this section are
excepted from the competitive service.''; and
(2) in paragraph (2) of section 502(a) (22 U.S.C. 3982(a)),
by inserting ``, or domestically, in a position working on
issues relating to a particular country or geographic area,''
after ``geographic area''.
SEC. 1010. ENERGY DIPLOMACY AND SECURITY WITHIN THE DEPARTMENT OF
STATE.
Section 1(c) of the State Department Basic Authorities Act of 1956
(22 U.S.C. 2651a), as amended by section 1004 of this Act, is further
amended--
(1) by redesignating paragraphs (4) and (5) (as
redesignated pursuant to such section 1004) as paragraphs (5)
and (6); and
(2) by inserting after paragraph (3) (as added pursuant to
such section 1004) the following new paragraph:
``(4) Energy resources.--
``(A) Authorization for assistant secretary.--
Subject to the numerical limitation specified in
paragraph (1), there is authorized to be established in
the Department of State an Assistant Secretary of State
for Energy Resources.
``(B) Personnel.--If the Department establishes an
Assistant Secretary of State for Energy Resources in
accordance with the authorization provided in
subparagraph (A), the Secretary of State shall ensure
there are sufficient personnel dedicated to energy
matters within the Department of State whose
responsibilities shall include--
``(i) formulating and implementing
international policies aimed at protecting and
advancing United States energy security
interests by effectively managing United States
bilateral and multilateral relations;
``(ii) ensuring that analyses of the
national security implications of global energy
and environmental developments are reflected in
the decision making process within the
Department;
``(iii) incorporating energy security
priorities into the activities of the
Department;
``(iv) coordinating energy activities of
the Department with relevant Federal
departments and agencies;
``(v) coordinating with the Office of
Sanctions Coordination on economic sanctions
pertaining to the international energy sector;
and
``(vi) working internationally to--
``(I) support the development of
energy resources and the distribution
of such resources for the benefit of
the United States and United States
allies and trading partners for their
energy security and economic
development needs;
``(II) promote availability of
diversified energy supplies and a well-
functioning global market for energy
resources, technologies, and expertise
for the benefit of the United States
and United States allies and trading
partners;
``(III) resolve international
disputes regarding the exploration,
development, production, or
distribution of energy resources;
``(IV) support the economic and
commercial interests of United States
persons operating in the energy markets
of foreign countries;
``(V) support and coordinate
international efforts to alleviate
energy poverty;
``(VI) leading the United States
commitment to the Extractive Industries
Transparency Initiative; and
``(VII) coordinating energy
security and other relevant functions
within the Department currently
undertaken by--
``(aa) the Bureau of
Economic and Business Affairs;
``(bb) the Bureau of Oceans
and International Environmental
and Scientific Affairs; and
``(cc) other offices within
the Department of State.''.
SEC. 1011. NATIONAL MUSEUM OF AMERICAN DIPLOMACY.
Title I of the State Department Basic Authorities Act of 1956 is
amended by adding after section 63 (22 U.S.C. 2735) the following new
section:
``SEC. 64. NATIONAL MUSEUM OF AMERICAN DIPLOMACY.
``(a) Activities.--
``(1) Support authorized.--The Secretary of State is
authorized to provide, by contract, grant, or otherwise, for
the performance of appropriate museum visitor and educational
outreach services and related events, including organizing
programs and conference activities, museum shop services and
food services in the public exhibition and related space
utilized by the National Museum of American Diplomacy.
``(2) Recovery of costs.--The Secretary of State is
authorized to recover any revenues generated under the
authority of paragraph (1) for visitor and outreach services
and related events referred to in such paragraph, including
fees for use of facilities at the National Museum for American
Diplomacy. Any such revenues may be retained as a recovery of
the costs of operating the museum.
``(b) Disposition of National Museum of American Diplomacy
Documents, Artifacts, and Other Articles.--
``(1) Property.--All historic documents, artifacts, or
other articles permanently acquired by the Department of State
and determined by the Secretary of State to be suitable for
display by the National Museum of American Diplomacy shall be
considered to be the property of the United States Government
and shall be subject to disposition solely in accordance with
this subsection.
``(2) Sale, trade, or transfer.--Whenever the Secretary of
State makes the determination described in paragraph (3) with
respect to a document, artifact, or other article under
paragraph (1), the Secretary may sell at fair market value,
trade, or transfer such document, artifact, or other article
without regard to the requirements of subtitle I of title 40,
United States Code. The proceeds of any such sale may be used
solely for the advancement of the mission of the National
Museum of American Diplomacy and may not be used for any
purpose other than the acquisition and direct care of the
collections of the museum.
``(3) Determinations prior to sale, trade, or transfer.--
The determination described in this paragraph with respect to a
document, artifact, or other article under paragraph (1), is a
determination that--
``(A) such document, artifact, or other article no
longer serves to further the purposes of the National
Museum of American Diplomacy as set forth in the
collections management policy of the museum;
``(B) the sale, trade, or transfer of such
document, artifact, or other article would serve to
maintain the standards of the collection of the museum;
or
``(C) sale, trade, or transfer of such document,
artifact, or other article would be in the best
interests of the United States.
``(4) Loans.--In addition to the authorization under
paragraph (2) relating to the sale, trade, or transfer of
documents, artifacts, or other articles under paragraph (1),
the Secretary of State may loan such documents, artifacts, or
other articles, when not needed for use or display by the
National Museum of American Diplomacy to the Smithsonian
Institution or a similar institution for repair, study, or
exhibition.''.
SEC. 1012. EXTENSION OF PERIOD FOR REIMBURSEMENT OF FISHERMEN FOR COSTS
INCURRED FROM THE ILLEGAL SEIZURE AND DETENTION OF U.S.-
FLAG FISHING VESSELS BY FOREIGN GOVERNMENTS.
(a) In General.--Subsection (e) of section 7 of the Fishermen's
Protective Act of 1967 (22 U.S.C. 1977) is amended to read as follows:
``(e) Amounts.--Payments may be made under this section only to
such extent and in such amounts as are provided in advance in
appropriation Acts.''.
(b) Retroactive Applicability.--
(1) Effective date.--The amendment made by subsection (a)
shall take effect on the date of the enactment of this Act and
apply as if the date specified in subsection (e) of section 7
of the Fishermen's Protective Act of 1967, as in effect on the
day before the date of the enactment of this Act, were the day
after such date of enactment.
(2) Agreements and payments.--The Secretary of State is
authorized to--
(A) enter into agreements pursuant to section 7 of
the Fishermen's Protective Act of 1967 for any claims
to which such section would otherwise apply but for the
date specified in subsection (e) of such section, as in
effect on the day before the date of the enactment of
this Act; and
(B) make payments in accordance with agreements
entered into pursuant to such section if any such
payments have not been made as a result of the
expiration of the date specified in such section, as in
effect on the day before the date of the enactment of
this Act.
SEC. 1013. ART IN EMBASSIES.
(a) In General.--No funds are authorized to be appropriated for the
purchase of any piece of art for the purposes of installation or
display in any embassy, consulate, or other foreign mission of the
United States if the purchase price of such piece of art is in excess
of $25,000, unless such purchase is subject to prior consultation with,
and the regular notification procedures of, the appropriate
congressional committees.
(b) Report.--Not later than 90 days after the date of the enactment
of this Act, the Secretary of State shall submit to the appropriate
congressional committees a report on the costs of the Art in Embassies
Program for fiscal years 2012 through 2020.
(c) Sunset.--This section shall terminate on the date that is two
years after the date of the enactment of this Act.
(d) Definition.--In this section, the term ``art'' includes
paintings, sculptures, photographs, industrial design, and craft art.
SEC. 1014. AMENDMENT OR REPEAL OF REPORTING REQUIREMENTS.
(a) Burma.--
(1) In general.--Section 570 of Public Law 104-208 is
amended--
(A) by amending subsection (c) to read as follows:
``(c) Multilateral Strategy.--The President shall develop, in
coordination with like-minded countries, a comprehensive, multilateral
strategy to--
``(1) assist Burma in addressing corrosive malign influence
of the People's Republic of China; and
``(2) support democratic, constitutional, economic, and
security sector reforms in Burma designed to--
``(A) advance democratic development and improve
human rights practices and the quality of life; and
``(B) promote genuine national reconciliation.'';
and
(B) in subsection (d)--
(i) in the matter preceding paragraph (1),
by striking ``six months'' and inserting
``year'';
(ii) by redesignating paragraph (3) as
paragraph (7); and
(iii) by inserting after paragraph (2) the
following new paragraphs:
``(3) improvements in human rights practices;
``(4) progress toward broad-based and inclusive economic
growth;
``(5) progress toward genuine national reconciliation;
``(6) progress on improving the quality of life of the
Burmese people, including progress relating to market reforms,
living standards, labor standards, use of forced labor in the
tourism industry, and environmental quality; and''.
(2) Effective date.--The amendments made by paragraph (1)
shall take effect on the date of the enactment of this Act and
apply with respect to the first report required under
subsection (d) of section 570 of Public Law 104-208 that is
required after the date of the enactment of this Act.
(b) Repeals.--The following provisions of law are hereby repealed:
(1) Subsection (b) of section 804 of Public Law 101-246.
(2) Section 6 of Public Law 104-45.
(3) Subsection (c) of section 702 of Public Law 96-465 (22
U.S.C. 4022).
(4) Section 404 of the Arms Control and Disarmament Act (22
U.S.C. 2593b).
(5) Section 5 of Public Law 94-304 (22 U.S.C. 3005).
(6) Subsection (b) of section 502 of the International
Security and Development Cooperation Act of 1985 (22 U.S.C.
2349aa-7).
(c) Technical and Conforming Amendment.--Section 502 of the
International Security and Development Cooperation Act of 1985 (22
U.S.C. 2349aa-7) is amended by redesignating subsection (c) as
subsection (b).
SEC. 1015. REPORTING ON IMPLEMENTATION OF GAO RECOMMENDATIONS.
(a) Initial Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary shall submit to the appropriate
congressional committees a report that lists all of the Government
Accountability Office's recommendations relating to the Department that
have not been fully implemented.
(b) Implementation Report.--
(1) In general.--Not later than 120 days after the date of
the submission of the report required under subsection (a), the
Secretary shall submit to the appropriate congressional
committees a report that describes the implementation status of
each recommendation from the Government Accountability Office
included in such report.
(2) Justification.--The report under paragraph (1) shall
include--
(A) a detailed justification for each decision not
to fully implement a recommendation or to implement a
recommendation in a different manner than specified by
the Government Accountability Office;
(B) a timeline for the full implementation of any
recommendation the Secretary has decided to adopt, but
has not yet fully implemented; and
(C) an explanation for any discrepancies included
in the Comptroller General report submitted under
subsection (b).
(c) Form.--The information required in each report under this
section shall be submitted in unclassified form, to the maximum extent
practicable, but may be included in a classified annex to the extent
necessary.
SEC. 1016. OFFICE OF GLOBAL CRIMINAL JUSTICE.
(a) In General.--There should be established within the Department
of State an Office of Global Criminal Justice (referred to in this
section as the ``Office''), which may be placed within the
organizational structure of the Department at the discretion of the
Secretary.
(b) Duties.--The Office should carry out the following:
(1) Advise the Secretary of State and other relevant senior
officials on issues related to atrocities, including war
crimes, crimes against humanity, and genocide.
(2) Assist in formulating United States policy on the
prevention of, responses to, and accountability for atrocities.
(3) Coordinate, as appropriate and with other relevant
Federal departments and agencies, United States Government
positions relating to the international and hybrid courts
currently prosecuting persons suspected of atrocities around
the world.
(4) Work with other governments, international
organizations, and nongovernmental organizations, as
appropriate, to establish and assist international and domestic
commissions of inquiry, fact-finding missions, and tribunals to
investigate, document, and prosecute atrocities around the
world.
(5) Coordinate, as appropriate and with other relevant
Federal departments and agencies, the deployment of diplomatic,
legal, economic, military, and other tools to help collect
evidence of atrocities, judge those responsible, protect and
assist victims, enable reconciliation, prevent and deter
atrocities, and promote the rule of law.
(6) Provide advice and expertise on transitional justice
mechanisms to United States personnel operating in conflict and
post-conflict environments.
(7) Act as a point of contact for international, hybrid,
and domestic tribunals exercising jurisdiction over atrocities
committed around the world.
(8) Represent the Department on any interagency whole-of-
government coordinating entities addressing genocide and other
atrocities.
(9) Perform any additional duties and exercise such powers
as the Secretary of State may prescribe.
(c) Supervision.--If established, the Office shall be led by an
Ambassador-at-Large for Global Criminal Justice who is nominated by the
President and appointed by and with the advice and consent of the
Senate.
TITLE II--EMBASSY CONSTRUCTION
SEC. 1201. EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE.
For ``Embassy Security, Construction, and Maintenance'', there is
authorized to be appropriated $1,950,449,000 for fiscal year 2022.
SEC. 1202. STANDARD DESIGN IN CAPITAL CONSTRUCTION.
(a) Sense of Congress.--It is the sense of Congress that the
Department's Bureau of Overseas Building Operations (OBO) or successor
office should give appropriate consideration to standardization in
construction, in which each new United States embassy and consulate
starts with a standard design and keeps customization to a minimum.
(b) Consultation.--The Secretary of State shall carry out any new
United States embassy compound or new consulate compound project that
utilizes a non-standard design, including those projects that are in
the design or pre-design phase as of the date of the enactment of this
Act, only in consultation with the appropriate congressional
committees. The Secretary shall provide the appropriate congressional
committees, for each such project, the following documentation:
(1) A comparison of the estimated full lifecycle costs of
the project to the estimated full lifecycle costs of such
project if it were to use a standard design.
(2) A comparison of the estimated completion date of such
project to the estimated completion date of such project if it
were to use a standard design.
(3) A comparison of the security of the completed project
to the security of such completed project if it were to use a
standard design.
(4) A justification for the Secretary's selection of a non-
standard design over a standard design for such project.
(5) A written explanation if any of the documentation
necessary to support the comparisons and justification, as the
case may be, described in paragraphs (1) through (4) cannot be
provided.
(c) Sunset.--The consultation requirement under subsection (b)
shall expire on the date that is 4 years after the date of the
enactment of this Act.
SEC. 1203. CAPITAL CONSTRUCTION TRANSPARENCY.
(a) In General.--Section 118 of the Department of State Authorities
Act, Fiscal Year 2017 (22 U.S.C. 304) is amended--
(1) in the section heading, by striking ``annual report on
embassy construction costs'' and inserting ``biannual report on
overseas capital construction projects''; and
(2) by striking subsections (a) and (b) and inserting the
following new subsections:
``(a) In General.--Not later than 180 days after the date of the
enactment of this subsection and every 180 days thereafter until the
date that is four years after such date of enactment, the Secretary of
State shall submit to the appropriate congressional committees a
comprehensive report regarding all ongoing overseas capital
construction projects and major embassy security upgrade projects.
``(b) Contents.--Each report required under subsection (a) shall
include the following with respect to each ongoing overseas capital
construction project and major embassy security upgrade project:
``(1) The initial cost estimate as specified in the
proposed allocation of capital construction and maintenance
funds required by the Committees on Appropriations for Acts
making appropriations for the Department of State, foreign
operations, and related programs.
``(2) The current cost estimate.
``(3) The value of each request for equitable adjustment
received by the Department to date.
``(4) The value of each certified claim received by the
Department to date.
``(5) The value of any usage of the project's contingency
fund to date and the value of the remainder of the project's
contingency fund.
``(6) An enumerated list of each request for adjustment and
certified claim that remains outstanding or unresolved.
``(7) An enumerated list of each request for equitable
adjustment and certified claim that has been fully adjudicated
or that the Department has settled, and the final dollar amount
of each adjudication or settlement.
``(8) The date of estimated completion specified in the
proposed allocation of capital construction and maintenance
funds required by the Committees on Appropriations not later
than 45 days after the date of the enactment of an Act making
appropriations for the Department of State, foreign operations,
and related programs.
``(9) The current date of estimated completion.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Department of State Authorities Act, Fiscal Year 2017 is amended by
amending the item relating to section 118 to read as follows:
``Sec. 118. Biannual report on overseas capital construction
projects.''.
SEC. 1204. CONTRACTOR PERFORMANCE INFORMATION.
(a) Deadline for Completion.--The Secretary of State shall complete
all contractor performance evaluations outstanding as of the date of
the enactment of this Act required by subpart 42.15 of the Federal
Acquisition Regulation for those contractors engaged in construction of
new embassy or new consulate compounds by April 1, 2022.
(b) Prioritization System.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of State shall develop
a prioritization system for clearing the current backlog of
required evaluations referred to in subsection (a).
(2) Elements.--The system required under paragraph (1)
should prioritize the evaluations as follows:
(A) Project completion evaluations should be
prioritized over annual evaluations.
(B) Evaluations for relatively large contracts
should have priority.
(C) Evaluations that would be particularly
informative for the awarding of government contracts
should have priority.
(c) Briefing.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State shall brief the
appropriate congressional committees on the Department's plan for
completing all evaluations by April 1, 2022, in accordance with
subsection (a) and the prioritization system developed pursuant to
subsection (b).
(d) Sense of Congress.--It is the sense of Congress that--
(1) contractors deciding whether to bid on Department
contracts would benefit from greater understanding of the
Department as a client; and
(2) the Department should develop a forum where contractors
can comment on the Department's project management performance.
SEC. 1205. GROWTH PROJECTIONS FOR NEW EMBASSIES AND CONSULATES.
(a) In General.--For each new United States embassy compound (NEC)
and new consulate compound project (NCC) in or not yet in the design
phase as of the date of the enactment of this Act, the Department of
State shall project growth over the estimated life of the facility
using all available and relevant data, including the following:
(1) Relevant historical trends for Department personnel and
personnel from other agencies represented at the NEC or NCC
that is to be constructed.
(2) An analysis of the tradeoffs between risk and the needs
of United States Government policy conducted as part of the
most recent Vital Presence Validation Process, if applicable.
(3) Reasonable assumptions about the strategic importance
of the NEC or NCC, as the case may be, over the life of the
building at issue.
(4) Any other data that would be helpful in projecting the
future growth of NEC or NCC.
(b) Other Federal Agencies.--The head of each Federal agency
represented at a United States embassy or consulate shall provide to
the Secretary, upon request, growth projections for the personnel of
each such agency over the estimated life of each embassy or consulate,
as the case may be.
(c) Basis for Estimates.--The Department of State shall base its
growth assumption for all NECs and NCCs on the estimates required under
subsections (a) and (b).
(d) Congressional Notification.--Any congressional notification of
site selection for a NEC or NCC submitted after the date of the
enactment of this Act shall include the growth assumption used pursuant
to subsection (c).
SEC. 1206. LONG-RANGE PLANNING PROCESS.
(a) Plans Required.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act and annually thereafter for the next
five years as the Secretary of State considers appropriate, the
Secretary shall develop--
(A) a comprehensive 6-year plan documenting the
Department's overseas building program for the
replacement of overseas diplomatic posts taking into
account security factors under the Secure Embassy
Construction and Counterterrorism Act of 1999 and other
relevant statutes and regulations, as well as
occupational safety and health factors pursuant to the
Occupational Safety and Health Act of 1970 and other
relevant statutes and regulations, including
environmental factors such as indoor air quality that
impact employee health and safety; and
(B) a comprehensive 6-year plan detailing the
Department's long-term planning for the maintenance and
sustainment of completed diplomatic posts, which takes
into account security factors under the Secure Embassy
Construction and Counterterrorism Act of 1999 and other
relevant statutes and regulations, as well as
occupational safety and health factors pursuant to the
Occupational Safety and Health Act of 1970 and other
relevant statutes and regulations, including
environmental factors such as indoor air quality that
impact employee health and safety.
(2) Initial report.--The first plan developed pursuant to
paragraph (1)(A) shall also include a one-time status report on
existing small diplomatic posts and a strategy for establishing
a physical diplomatic presence in countries in which there is
no current physical diplomatic presence and with which the
United States maintains diplomatic relations. Such report,
which may include a classified annex, shall include the
following:
(A) A description of the extent to which each small
diplomatic post furthers the national interest of the
United States.
(B) A description of how each small diplomatic post
provides American Citizen Services, including data on
specific services provided and the number of Americans
receiving services over the previous year.
(C) A description of whether each small diplomatic
post meets current security requirements.
(D) A description of the full financial cost of
maintaining each small diplomatic post.
(E) Input from the relevant chiefs of mission on
any unique operational or policy value the small
diplomatic post provides.
(F) A recommendation of whether any small
diplomatic posts should be closed.
(3) Updated information.--The annual updates of each of the
plans developed pursuant to paragraph (1) shall highlight any
changes from the previous year's plan to the ordering of
construction and maintenance projects.
(b) Reporting Requirements.--
(1) Submission of plans to congress.--Not later than 60
days after the completion of each plan required under
subsection (a), the Secretary of State shall submit the plans
to the appropriate congressional committees.
(2) Reference in budget justification materials.--In the
budget justification materials submitted to the appropriate
congressional committees in support of the Department of
State's budget for any fiscal year (as submitted with the
budget of the President under section 1105(a) of title 31,
United States Code), the plans required under subsection (a)
shall be referenced to justify funding requested for building
and maintenance projects overseas.
(3) Form of report.--Each report required under paragraph
(1) shall be submitted in unclassified form but may include a
classified annex.
(c) Small Diplomatic Post Defined.--In this section, the term
``small diplomatic post'' means any United States embassy or consulate
that has employed five or fewer United States Government employees or
contractors on average over the 36 months prior to the date of the
enactment of this Act.
SEC. 1207. VALUE ENGINEERING AND RISK ASSESSMENT.
(a) Findings.--Congress makes the following findings:
(1) Federal departments and agencies are required to use
value engineering (VE) as a management tool, where appropriate,
to reduce program and acquisition costs pursuant to OMB
Circular A-131, Value Engineering, dated December 31, 2013.
(2) OBO has a Policy Directive and Standard Operation
Procedure, dated May 24, 2017, on conducting risk management
studies on all international construction projects.
(b) Notification Requirements.--
(1) Submission to authorizing committees.--Any notification
that includes the allocation of capital construction and
maintenance funds shall be submitted to the Committee on
Foreign Relations of the Senate and the Committee on Foreign
Affairs of the House of Representatives.
(2) Requirement to confirm completion of value engineering
and risk assessment studies.--The notifications required under
paragraph (1) shall include confirmation that the Department
has completed the requisite VE and risk management process
described in subsection (a), or applicable successor process.
(c) Reporting and Briefing Requirements.--The Secretary of State
shall provide to the appropriate congressional committees upon
request--
(1) a description of each risk management study referred to
in subsection (a)(2) and a table detailing which
recommendations related to each such study were accepted and
which were rejected; and
(2) a report or briefing detailing the rationale for not
implementing any such recommendations that may otherwise yield
significant cost savings to the Department if implemented.
SEC. 1208. BUSINESS VOLUME.
Section 402(c)(2)(E) of the Omnibus Diplomatic Security and
Antiterrorism Act of 1986 (22 U.S.C. 4852(c)(2)(E)) is amended by
striking ``in 3 years'' and inserting ``cumulatively over 3 years''.
SEC. 1209. EMBASSY SECURITY REQUESTS AND DEFICIENCIES.
The Secretary of State shall provide to the appropriate
congressional committees, the Committee on Armed Services of the House
of Representatives, and the Committee on Armed Services of the Senate
upon request information on physical security deficiencies at United
States diplomatic posts, including relating to the following:
(1) Requests made over the previous year by United States
diplomatic posts for security upgrades.
(2) Significant security deficiencies at United States
diplomatic posts that are not operating out of a new embassy
compound or new consulate compound.
SEC. 1210. OVERSEAS SECURITY BRIEFINGS.
Not later than one year after the date of the enactment of this
Act, the Secretary of State shall revise the Foreign Affairs Manual to
stipulate that information on the current threat environment shall be
provided to all United States Government employees under chief of
mission authority traveling to a foreign country on official business.
To the extent practicable, such material shall be provided to such
employees prior to their arrival at a United States diplomatic post or
as soon as possible thereafter.
SEC. 1211. CONTRACTING METHODS IN CAPITAL CONSTRUCTION.
(a) Delivery.--Unless the Secretary of State notifies the
appropriate congressional committees that the use of the design-build
project delivery method would not be appropriate, the Secretary shall
make use of such method at United States diplomatic posts that have not
yet received design or capital construction contracts as of the date of
the enactment of this Act.
(b) Notification.--Before executing a contract for a delivery
method other than design-build in accordance with subsection (a), the
Secretary of State shall notify the appropriate congressional
committees in writing of the decision, including the reasons therefor.
The notification required by this subsection may be included in any
other report regarding a new United States diplomatic post that is
required to be submitted to the appropriate congressional committees.
(c) Performance Evaluation.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of State shall report to
the appropriate congressional committees regarding performance
evaluation measures in accordance with GAO's ``Standards for Internal
Control in the Federal Government'' that will be applicable to design
and construction, lifecycle cost, and building maintenance programs of
the Bureau of Overseas Building Operations of the Department.
SEC. 1212. COMPETITION IN EMBASSY CONSTRUCTION.
Not later than 45 days after the date of the enactment of this Act,
the Secretary of State shall submit to the appropriate congressional
committee a report detailing steps the Department of State is taking to
expand the embassy construction contractor base in order to increase
competition and maximize value.
SEC. 1213. STATEMENT OF POLICY.
It is the policy of the United States that the Bureau of Overseas
Building Operations of the Department or its successor office shall
continue to balance functionality and security with accessibility, as
defined by guidelines established by the United States Access Board in
constructing embassies and consulates, and shall ensure compliance with
the Architectural Barriers Act of 1968 (42 U.S.C. 4151 et seq.) to the
fullest extent possible.
SEC. 1214. DEFINITIONS.
In this title:
(1) Design-build.--The term ``design-build'' means a method
of project delivery in which one entity works under a single
contract with the Department to provide design and construction
services.
(2) Non-standard design.--The term ``non-standard design''
means a design for a new embassy compound project or new
consulate compound project that does not utilize a standardized
design for the structural, spatial, or security requirements of
such embassy compound or consulate compound, as the case may
be.
TITLE III--PERSONNEL ISSUES
SEC. 1301. DEFENSE BASE ACT INSURANCE WAIVERS.
(a) Application for Waivers.--Not later than 30 days after the date
of the enactment of this Act, the Secretary of State shall apply to the
Department of Labor for a waiver from insurance requirements under the
Defense Base Act (42 U.S.C. 1651 et seq.) for all countries with
respect to which the requirement was waived prior to January 2017, and
for which there is not currently a waiver.
(b) Certification Requirement.--Not later than 45 days after the
date of the enactment of this Act, the Secretary of State shall certify
to the appropriate congressional committees that the requirement in
subsection (a) has been met.
SEC. 1302. STUDY ON FOREIGN SERVICE ALLOWANCES.
(a) Report Required.--
(1) In general.--Not later than one year after date of the
enactment of this Act, the Secretary of State shall submit to
the appropriate congressional committees a report detailing an
empirical analysis on the effect of overseas allowances on the
foreign assignment of Foreign Service officers (FSOs), to be
conducted by a federally-funded research and development center
with appropriate expertise in labor economics and military
compensation.
(2) Contents.--The analysis required under paragraph (1)
shall--
(A) identify all allowances paid to FSOs assigned
permanently or on temporary duty to foreign areas;
(B) examine the efficiency of the Foreign Service
bidding system in determining foreign assignments;
(C) examine the factors that incentivize FSOs to
bid on particular assignments, including danger levels
and hardship conditions;
(D) examine the Department's strategy and process
for incentivizing FSOs to bid on assignments that are
historically in lower demand, including with monetary
compensation, and whether monetary compensation is
necessary for assignments in higher demand;
(E) make any relevant comparisons to military
compensation and allowances, noting which allowances
are shared or based on the same regulations;
(F) recommend options for restructuring allowances
to improve the efficiency of the assignments system and
better align FSO incentives with the needs of the
Foreign Service, including any cost savings associated
with such restructuring;
(G) recommend any statutory changes necessary to
implement subparagraph (F), such as consolidating
existing legal authorities for the provision of
hardship and danger pay; and
(H) detail any effects of recommendations made
pursuant to subparagraphs (F) and (G) on other United
States Government departments and agencies with
civilian employees permanently assigned or on temporary
duty in foreign areas, following consultation with such
departments and agencies.
(b) Briefing Requirement.--Before initiating the analysis required
under subsection (a)(1), and not later than 60 days after the date of
the enactment of this Act, the Secretary of State shall provide to the
Committee on Foreign Relations of the Senate and the Committee on
Foreign Affairs in the House of Representatives a briefing on the
implementation of this section that includes the following:
(1) The name of the federally funded research and
development center that will conduct such analysis.
(2) The scope of such analysis and terms of reference for
such analysis as specified between the Department of State and
such federally funded research and development center.
(c) Availability of Information.--
(1) In general.--The Secretary of State shall make
available to the federally-funded research and development
center carrying out the analysis required under subsection
(a)(1) all necessary and relevant information to allow such
center to conduct such analysis in a quantitative and
analytical manner, including historical data on the number of
bids for each foreign assignment and any survey data collected
by the Department of State from eligible bidders on their bid
decision-making.
(2) Cooperation.--The Secretary of State shall work with
the heads of other relevant United States Government
departments and agencies to ensure such departments and
agencies provide all necessary and relevant information to the
federally-funded research and development center carrying out
the analysis required under subsection (a)(1).
(d) Interim Report to Congress.--The Secretary of State shall
require that the chief executive officer of the federally-funded
research and development center that carries out the analysis required
under subsection (a)(1) submit to the Committee on Foreign Relations of
the Senate and the Committee on Foreign Affairs of the House of
Representatives an interim report on such analysis not later than 180
days after the date of the enactment of this Act.
SEC. 1303. SCIENCE AND TECHNOLOGY FELLOWSHIPS.
Section 504 of the Foreign Relations Authorization Act, Fiscal Year
1979 (22 U.S.C. 2656d) is amended by adding at the end the following
new subsection:
``(e) Grants and Cooperative Agreements Related to Science and
Technology Fellowship Programs.--
``(1) In general.--The Secretary of State is authorized to
make grants or enter into cooperative agreements related to
Department of State science and technology fellowship programs,
including for assistance in recruiting fellows and the payment
of stipends, travel, and other appropriate expenses to fellows.
``(2) Exclusion from consideration as compensation.--
Stipends under paragraph (1) shall not be considered
compensation for purposes of section 209 of title 18, United
States Code.
``(3) Maximum annual amount.--The total amount of grants
made pursuant to this subsection may not exceed $500,000 in any
fiscal year.''.
SEC. 1304. TRAVEL FOR SEPARATED FAMILIES.
Section 901(15) of the Foreign Service Act of 1980 (22 U.S.C.
4081(15)) is amended--
(1) in the matter preceding subparagraph (A), by striking
``1 round-trip per year for each child below age 21 of a member
of the Service assigned abroad'' and inserting ``in the case of
one or more children below age 21 of a member of the Service
assigned abroad, one round-trip per year'';
(2) in subparagraph (A)--
(A) by inserting ``for each child'' before ``to
visit the member abroad''; and
(B) by striking ``; or'' and inserting a comma;
(3) in subparagraph (B)--
(A) by inserting ``for each child'' before ``to
visit the other parent''; and
(B) by inserting ``or'' after ``resides,'';
(4) by inserting after subparagraph (B) the following new
subparagraph:
``(C) for one of the child's parents to visit the
child or children abroad if the child or children do
not regularly reside with that parent and that parent
is not receiving an education allowance or educational
travel allowance for the child or children under
section 5924(4) of title 5, United States Code,''; and
(5) in the matter following subparagraph (C), as added by
paragraph (4) of this section, by striking ``a payment'' and
inserting ``the cost of round-trip travel''.
SEC. 1305. HOME LEAVE TRAVEL FOR SEPARATED FAMILIES.
Section 903(b) of the Foreign Service Act of 1980 (22 U.S.C.
4083(b)) is amended by adding at the end the following new sentence:
``In cases in which a member of the Service has official orders to an
unaccompanied post and in which the family members of the member reside
apart from the member at authorized locations outside the United
States, the member may take the leave ordered under this section where
that member's family members reside, notwithstanding section 6305 of
title 5, United States Code.''.
SEC. 1306. SENSE OF CONGRESS REGARDING CERTAIN FELLOWSHIP PROGRAMS.
It is the sense of Congress that Department fellowships that
promote the employment of candidates belonging to under-represented
groups, including the Charles B. Rangel International Affairs Graduate
Fellowship Program, the Thomas R. Pickering Foreign Affairs Fellowship
Program, and the Donald M. Payne International Development Fellowship
Program, represent smart investments vital for building a strong,
capable, and representative national security workforce.
SEC. 1307. TECHNICAL CORRECTION.
Subparagraph (A) of section 601(c)(6) of the Foreign Service Act of
1980 (22 U.S.C. 4001(c)(6)) is amended, in the matter preceding clause
(i), by--
(1) striking ``promotion'' and inserting ``promotion, on or
after January 1, 2017,''; and
(2) striking ``individual joining the Service on or after
January 1, 2017,'' and inserting ``Foreign Service officer,
appointed under section 302(a)(1), who has general
responsibility for carrying out the functions of the Service''.
SEC. 1308. FOREIGN SERVICE AWARDS.
(a) In General.--Section 614 of the Foreign Service Act of 1980 (22
U.S.C. 4013) is amended--
(1) by amending the section heading to read as follows:
``department awards''; and
(2) in the first sentence, by inserting ``or Civil
Service'' after ``the Service''.
(b) Conforming Amendment.--The item relating to section 614 in the
table of contents of the Foreign Service Act of 1980 is amended to read
as follows:
``Sec. 614. Department awards.''.
SEC. 1309. WORKFORCE ACTIONS.
(a) Sense of Congress on Workforce Recruitment.--It is the sense of
Congress that the Secretary of State should continue to hold entry-
level classes for Foreign Service officers and specialists and continue
to recruit civil servants through programs such as the Presidential
Management Fellows Program and Pathways Internship Programs in a manner
and at a frequency consistent with prior years and consistent with the
need to maintain a pool of experienced personnel effectively
distributed across skill codes and ranks. It is further the sense of
Congress that absent continuous recruitment and training of Foreign
Service officers and civil servants, the Department of State will lack
experienced, qualified personnel in the short, medium, and long terms.
(b) Limitation.--The Secretary of State should not implement any
reduction-in-force action under section 3502 or 3595 of title 5, United
States Code, or for any incentive payments for early separation or
retirement under any other provision of law unless--
(1) the appropriate congressional committees are notified
not less than 15 days in advance of such obligation or
expenditure; and
(2) the Secretary has provided to the appropriate
congressional committees a detailed report that describes the
Department of State's strategic staffing goals, including--
(A) a justification that describes how any proposed
workforce reduction enhances the effectiveness of the
Department;
(B) a certification that such workforce reduction
is in the national interest of the United States;
(C) a comprehensive strategic staffing plan for the
Department, including 5-year workforce forecasting and
a description of the anticipated impact of any proposed
workforce reduction; and
(D) a dataset displaying comprehensive workforce
data for all current and planned employees of the
Department, disaggregated by--
(i) Foreign Service officer and Foreign
Service specialist rank;
(ii) civil service job skill code, grade
level, and bureau of assignment;
(iii) contracted employees, including the
equivalent job skill code and bureau of
assignment; and
(iv) employees hired under schedule C of
subpart C of part 213 of title 5, Code of
Federal Regulations, including their equivalent
grade and job skill code and bureau of
assignment.
SEC. 1310. SENSE OF CONGRESS REGARDING VETERANS EMPLOYMENT AT THE
DEPARTMENT OF STATE.
It is the sense of Congress that--
(1) the Department of State should continue to promote the
employment of veterans, in accordance with section 301 of the
Foreign Service Act of 1980 (22 U.S.C. 3941), as amended by
section 1407 of this Act, including those veterans belonging to
traditionally under-represented groups at the Department;
(2) veterans employed by the Department have made
significant contributions to United States foreign policy in a
variety of regional and global affairs bureaus and diplomatic
posts overseas; and
(3) the Department should continue to encourage veteran
employment and facilitate their participation in the workforce.
SEC. 1311. EMPLOYEE ASSIGNMENT RESTRICTIONS AND PRECLUSIONS.
(a) Sense of Congress.--It is the sense of Congress that the
Department of State should expand the appeal process it makes available
to employees related to assignment preclusions and restrictions.
(b) Appeal of Assignment Restriction or Preclusion.--Subsection (a)
of section 414 of the Department of State Authorities Act, Fiscal Year
2017 (22 U.S.C. 2734c(a)) is amended by adding at the end the following
new sentences: ``Such right and process shall ensure that any employee
subjected to an assignment restriction or preclusion shall have the
same appeal rights as provided by the Department regarding denial or
revocation of a security clearance. Any such appeal shall be resolved
not later than 60 days after such appeal is filed.''.
(c) Notice and Certification.--Not later than 90 days after the
date of the enactment of this Act, the Secretary of State shall revise,
and certify to the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the Senate
regarding such revision, the Foreign Affairs Manual guidance regarding
denial or revocation of a security clearance to expressly state that
all review and appeal rights relating thereto shall also apply to any
recommendation or decision to impose an assignment restriction or
preclusion to an employee.
SEC. 1312. RECALL AND REEMPLOYMENT OF CAREER MEMBERS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) career Department of State employees provide invaluable
service to the United States as nonpartisan professionals who
contribute subject matter expertise and professional skills to
the successful development and execution of United States
foreign policy; and
(2) reemployment of skilled former members of the Foreign
and civil service who have voluntarily separated from the
Foreign or civil service due to family reasons or to obtain
professional skills outside government is of benefit to the
Department.
(b) Notice of Employment Opportunities for Department of State and
USAID Positions.--
(1) In general.--Title 5, United States Code, is amended by
inserting after chapter 102 the following new chapter:
``CHAPTER 103--NOTICE OF EMPLOYMENT OPPORTUNITIES FOR DEPARTMENT OF
STATE AND USAID POSITIONS
``Sec.
``10301. Notice of employment opportunities for Department of State and
USAID positions.
``Sec. 10301. Notice of employment opportunities for Department of
State and USAID positions
``To ensure that individuals who have separated from the Department
of State or the United States Agency for International Development and
who are eligible for reappointment are aware of such opportunities, the
Department of State and the United States Agency for International
Development shall publicize notice of all employment opportunities,
including positions for which the relevant agency is accepting
applications from individuals within the agency's workforce under merit
promotion procedures, on publicly accessible sites, including
www.usajobs.gov. If using merit promotion procedures, the notice shall
expressly state that former employees eligible for reinstatement may
apply.''.
(2) Clerical amendment.--The table of chapters at the
beginning of part III of title 5, United States Code, is
amended by adding at the end of subpart I the following:
``103. Notice of employment opportunities for Department of 10301''.
State and USAID positions.
SEC. 1313. STRATEGIC STAFFING PLAN FOR THE DEPARTMENT OF STATE.
(a) In General.--Not later than 18 months after the date of the
enactment of this Act, the Secretary of State shall submit to the
appropriate congressional committees a comprehensive 5-year strategic
staffing plan for the Department of State that is aligned with and
furthers the objectives of the National Security Strategy of the United
States of America issued in December 2017, or any subsequent strategy
issued not later than 18 months after the date of the enactment of this
Act, which shall include the following:
(1) A dataset displaying comprehensive workforce data,
including all shortages in bureaus described in GAO report GAO-
19-220, for all current and planned employees of the
Department, disaggregated by--
(A) Foreign Service officer and Foreign Service
specialist rank;
(B) civil service job skill code, grade level, and
bureau of assignment;
(C) contracted employees, including the equivalent
job skill code and bureau of assignment;
(D) employees hired under schedule C of subpart C
of part 213 of title 5, Code of Federal Regulations,
including the equivalent grade and job skill code and
bureau of assignment of such employee; and
(E) overseas region.
(2) Recommendations on the number of Foreign Service
officers disaggregated by service cone that should be posted at
each United States diplomatic post and in the District of
Columbia, with a detailed basis for such recommendations.
(3) Recommendations on the number of civil service officers
that should be employed by the Department, with a detailed
basis for such recommendations.
(b) Maintenance.--The dataset required under subsection (a)(1)
shall be maintained and updated on a regular basis.
(c) Consultation.--The Secretary of State shall lead the
development of the plan required under subsection (a) but may consult
or partner with private sector entities with expertise in labor
economics, management, or human resources, as well as organizations
familiar with the demands and needs of the Department of State's
workforce.
(d) Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of State shall submit to the
appropriate congressional committees a report regarding root causes of
Foreign Service and civil service shortages, the effect of such
shortages on national security objectives, and the Department of
State's plan to implement recommendations described in GAO-19-220.
SEC. 1314. CONSULTING SERVICES.
(a) In General.--Chapter 103 of title 5, United States Code, as
added by section 1312(b) of this Act, is amended by adding at the end
the following:
``Sec. 10302. Consulting services for the Department of State
``Any consulting service obtained by the Department of State
through procurement contract pursuant to section 3109 of title 5,
United States Code, shall be limited to those contracts with respect to
which expenditures are a matter of public record and available for
public inspection, except if otherwise provided under existing law, or
under existing Executive order issued pursuant to existing law.''.
(b) Clerical Amendment.--The table of sections for chapter 103 of
title 5, United States Code, as added by section 1312(b) of this Act,
is amended by adding after the item relating to section 10301 the
following new item:
``10302. Consulting services for the Department of State''.
SEC. 1315. INCENTIVES FOR CRITICAL POSTS.
Section 1115(d) of the Supplemental Appropriations Act, 2009
(Public Law 111-32) is amended by striking the last sentence.
SEC. 1316. EXTENSION OF AUTHORITY FOR CERTAIN ACCOUNTABILITY REVIEW
BOARDS.
Section 301(a)(3) of the Omnibus Diplomatic Security and
Antiterrorism Act of 1986 (22 U.S.C. 4831(a)(3)) is amended--
(1) in the heading, by striking ``afghanistan and'' and
inserting ``afghanistan, yemen, syria, and''; and
(2) in subparagraph (A)--
(A) in clause (i), by striking ``Afghanistan or''
and inserting ``Afghanistan, Yemen, Syria, or''; and
(B) in clause (ii), by striking ``beginning on
October 1, 2005, and ending on September 30, 2009'' and
inserting ``beginning on October 1, 2020, and ending on
September 30, 2022''.
SEC. 1317. FOREIGN SERVICE SUSPENSION WITHOUT PAY.
Subsection (c) of section 610 of the Foreign Service Act of 1980
(22 U.S.C. 4010) is amended--
(1) in paragraph (1), in the matter preceding subparagraph
(A), by striking ``suspend'' and inserting ``indefinitely
suspend without duties'';
(2) by redesignating paragraph (5) as paragraph (7);
(3) by inserting after paragraph (4) the following new
paragraphs:
``(5) For each member of the Service suspended under paragraph
(1)(A) whose security clearance remains suspended for more than one
calendar year, not later than 30 days after the end of such calendar
year the Secretary of State shall report to the Committee on Foreign
Affairs of the House of Representatives and the Committee on Foreign
Relations of the Senate in writing regarding the specific reasons
relating to the duration of each such suspension.
``(6) Any member of the Service suspended under paragraph (1)(B)
may be suspended without pay only after a final written decision is
provided to such member pursuant to paragraph (2).''; and
(4) in paragraph (7), as so redesignated--
(A) by striking ``(7) In this subsection:'';
(B) in subparagraph (A), by striking ``(A) The
term'' and inserting the following:
``(7) In this subsection, the term--'';
(C) by redesignating clauses (i) and (ii) as
subparagraphs (A) and (B), respectively, and moving
such subparagraphs 2 ems to the left; and
(D) by striking subparagraph (B) (relating to the
definition of ``suspend'' and ``suspension'').
SEC. 1318. FOREIGN AFFAIRS MANUAL AND FOREIGN AFFAIRS HANDBOOK CHANGES.
(a) Applicability.--The Foreign Affairs Manual and the Foreign
Affairs Handbook apply with equal force and effect and without
exception to all Department of State personnel, including the Secretary
of State, Department employees, and political appointees, regardless of
an individual's status as a Foreign Service officer, Civil Service
employee, or political appointee hired under any legal authority.
(b) Certification.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of State shall submit to the
appropriate congressional committees a certification in unclassified
form that the applicability described in subsection (a) has been
communicated to all Department personnel, including the personnel
referred to in such subsection.
(c) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act and every 180 days thereafter for
five years, the Secretary of State shall submit to the
appropriate congressional committees a report detailing all
significant changes made to the Foreign Affairs Manual or the
Foreign Affairs Handbook.
(2) Covered periods.--The first report required under
paragraph (1) shall cover the 5-year period preceding the
submission of such report. Each subsequent report shall cover
the 180-day period preceding submission.
(3) Contents.--Each report required under paragraph (1)
shall contain the following:
(A) The location within the Foreign Affairs Manual
or the Foreign Affairs Handbook where a change has been
made.
(B) The statutory basis for each such change, as
applicable.
(C) A side-by-side comparison of the Foreign
Affairs Manual or Foreign Affairs Handbook before and
after such change.
(D) A summary of such changes displayed in
spreadsheet form.
SEC. 1319. WAIVER AUTHORITY FOR INDIVIDUAL OCCUPATIONAL REQUIREMENTS OF
CERTAIN POSITIONS.
The Secretary of State may waive any or all of the individual
occupational requirements with respect to an employee or prospective
employee of the Department of State for a civilian position categorized
under the GS-0130 occupational series if the Secretary determines that
the individual possesses significant scientific, technological,
engineering, or mathematical expertise that is integral to performing
the duties of the applicable position, based on demonstrated job
performance and qualifying experience. With respect to each waiver
granted under this subsection, the Secretary shall set forth in a
written document that is transmitted to the Director of the Office of
Personnel Management the rationale for the decision of the Secretary to
waive such requirements.
SEC. 1320. APPOINTMENT OF EMPLOYEES TO THE GLOBAL ENGAGEMENT CENTER.
The Secretary of State may appoint, for a 3-year period that may be
extended for up to an additional two years, solely to carry out the
functions of the Global Engagement Center, employees of the Department
of State without regard to the provisions of title 5, United States
Code, governing appointment in the competitive service, and may fix the
basic compensation of such employees without regard to chapter 51 and
subchapter III of chapter 53 of such title.
SEC. 1321. REST AND RECUPERATION AND OVERSEAS OPERATIONS LEAVE FOR
FEDERAL EMPLOYEES.
(a) In General.--Subchapter II of chapter 63 of title 5, United
States Code, is amended by adding at the end the following new
sections:
``Sec. 6329d. Rest and recuperation leave
``(a) Definitions.--In this section--
``(1) the term `agency' means an Executive agency (as that
term is defined in section 105), but does not include the
Government Accountability Office;
``(2) the term `combat zone' means a geographic area
designated by an Executive order of the President as an area in
which the Armed Forces are engaging or have engaged in combat,
an area designated by law to be treated as a combat zone, or a
location the Department of Defense has certified for combat
zone tax benefits due to its direct support of military
operations;
``(3) the term `employee' has the meaning given that term
in section 6301;
``(4) the term `high risk, high threat post' has the
meaning given that term in section 104 of the Omnibus
Diplomatic Security and Antiterrorism Act of 1986 (22 U.S.C.
4803); and
``(5) the term `leave year' means the period beginning on
the first day of the first complete pay period in a calendar
year and ending on the day immediately before the first day of
the first complete pay period in the following calendar year.
``(b) Leave for Rest and Recuperation.--The head of an agency may
prescribe regulations to grant up to 20 days of paid leave, per leave
year, for the purposes of rest and recuperation to an employee of the
agency serving in a combat zone, any other high risk, high threat post,
or any other location presenting significant security or operational
challenges.
``(c) Discretionary Authority of Agency Head.--Use of the authority
under subsection (b) is at the sole and exclusive discretion of the
head of the agency concerned.
``(d) Records.--An agency shall record leave provided under this
section separately from leave authorized under any other provision of
law.
``Sec. 6329e. Overseas operations leave
``(a) Definitions.--In this section--
``(1) the term `agency' means an Executive agency (as that
term is defined in section 105), but does not include the
Government Accountability Office;
``(2) the term `employee' has the meaning given that term
in section 6301; and
``(3) the term `leave year' means the period beginning with
the first day of the first complete pay period in a calendar
year and ending with the day immediately before the first day
of the first complete pay period in the following calendar
year.
``(b) Leave for Overseas Operations.--The head of an agency may
prescribe regulations to grant up to 10 days of paid leave, per leave
year, to an employee of the agency serving abroad where the conduct of
business could pose potential security or safety related risks or would
be inconsistent with host-country practice. Such regulations may
provide that additional leave days may be granted during such leave
year if the head of the agency determines that to do so is necessary to
advance the national security or foreign policy interests of the United
States.
``(c) Discretionary Authority of Agency Head.--Use of the authority
under subsection (b) is at the sole and exclusive discretion of the
head of the agency concerned.
``(d) Records.--An agency shall record leave provided under this
section separately from leave authorized under any other provision of
law.''.
(b) Clerical Amendments.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
6329c the following new items:
``6329d. Rest and recuperation leave
``6329e. Overseas operations leave''.
SEC. 1322. EMERGENCY MEDICAL SERVICES AUTHORITY.
Section 3 of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2670) is amended--
(1) in subsection (l), by striking ``and'' after the
semicolon;
(2) in subsection (m), by striking the period and inserting
``; and''; and
(3) by adding at the end the following new subsection:
``(n) in exigent circumstances, as determined by the
Secretary, provide emergency medical services or related
support for private United States citizens, nationals, and
permanent resident aliens abroad, or third country nationals
connected to such persons or to the diplomatic or development
missions of the United States abroad, who are unable to obtain
such services or support otherwise, with such assistance
provided on a reimbursable basis to the extent feasible.''.
SEC. 1323. DEPARTMENT OF STATE STUDENT INTERNSHIP PROGRAM.
(a) In General.--The Secretary of State shall establish the
Department of State Student Internship Program (in this section
referred to as the ``Program'') to offer internship opportunities at
the Department of State to eligible students to raise awareness of the
essential role of diplomacy in the conduct of United States foreign
policy and the realization of United States foreign policy objectives.
(b) Eligibility.--To be eligible to participate in the Program, an
applicant shall--
(1) be enrolled, not less than half-time, at--
(A) an institution of higher education (as such
term is defined section 102 of the Higher Education Act
of 1965 (20 U.S.C. 1002)); or
(B) an institution of higher education based
outside the United States, as determined by the
Secretary of State;
(2) be able to receive and hold an appropriate security
clearance; and
(3) satisfy such other criteria as established by the
Secretary.
(c) Selection.--The Secretary of State shall establish selection
criteria for students to be admitted into the Program that includes the
following:
(1) Demonstrable interest in a career in foreign affairs.
(2) Academic performance.
(3) Such other criteria as determined by the Secretary.
(d) Outreach.--The Secretary of State shall advertise the Program
widely, including on the internet, through the Department of State's
Diplomats in Residence program, and through other outreach and
recruiting initiatives targeting undergraduate and graduate students.
The Secretary shall actively encourage people belonging to
traditionally under-represented groups in terms of racial, ethnic,
geographic, and gender diversity, and disability status to apply to the
Program, including by conducting targeted outreach at minority serving
institutions (as such term is described in section 371(a) of the Higher
Education Act of 1965 (20 U.S.C. 1067q(a)).
(e) Compensation.--
(1) In general.--Students participating in the Program
shall be paid at least--
(A) the amount specified in section 6(a)(1) of the
Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)),
or
(B) the minimum wage of the jurisdiction in which
the internship is located,
whichever is greater.
(2) Housing assistance.--
(A) Abroad.--The Secretary of State shall provide
housing assistance to a student participating in the
Program whose permanent address is within the United
States if the location of the internship in which such
student is participating is outside the United States.
(B) Domestic.--The Secretary of State is authorized
to provide housing assistance to a student
participating in the Program whose permanent address is
within the United States if the location of the
internship in which such student is participating is
more than 50 miles away from such student's permanent
address.
(3) Travel assistance.--The Secretary of State shall
provide a student participating in the Program whose permanent
address is within the United States financial assistance to
cover the costs of travel once to and once from the location of
the internship in which such student is participating,
including travel by air, train, bus, or other transit as
appropriate, if the location of such internship is--
(A) more than 50 miles from such student's
permanent address; or
(B) outside the United States.
(f) Working With Institutions of Higher Education.--The Secretary
of State is authorized to enter into agreements with institutions of
higher education to structure internships to ensure such internships
satisfy criteria for academic programs in which participants in such
internships are enrolled.
(g) Transition Period.--
(1) In general.--Not later than two years after the date of
the enactment of this Act, the Secretary of State shall
transition all unpaid internship programs of the Department,
including the Foreign Service Internship Program, to internship
programs that offer compensation. Upon selection as a candidate
for entry into an internship program of the Department after
such date, a participant in such internship program shall be
afforded the opportunity to forgo compensation, including if
doing so allows such participant to receive college or
university curricular credit.
(2) Exception.--The transition required under paragraph (1)
shall not apply in the case of unpaid internship programs of
the Department of State that are part of the Virtual Student
Federal Service internship program.
(3) Waiver.--
(A) In general.--The Secretary may waive the
requirement under this subsection to transition an
unpaid internship program of the Department to an
internship program that offers compensation if the
Secretary determines and not later than 30 days after
any such determination submits to the appropriate
congressional committees a report that to do so would
not be consistent with effective management goals.
(B) Report.--The report required under subparagraph
(A) shall describe the reason why transitioning an
unpaid internship program of the Department to an
internship program that offers compensation would not
be consistent with effective management goals,
including any justification for maintaining such unpaid
status indefinitely, or any additional authorities or
resources necessary to transition such unpaid program
to offer compensation in the future.
(h) Reports.--Not later than 18 months after the date of the
enactment of this Act, the Secretary of State shall submit to the
Committee on Foreign Affairs of the House of Representatives and the
Committee on Foreign Relations of a Senate a report that includes the
following:
(1) Data, to the extent collection of such information is
permissible by law, regarding the number of students,
disaggregated by race, ethnicity, gender, institution of higher
learning, home State, State where each student graduated from
high school, and disability status, who applied to the Program,
were offered a position, and participated.
(2) Data on the number of security clearance investigations
started for such students and the timeline for such
investigations, including whether such investigations were
completed or if, and when, an interim security clearance was
granted.
(3) Information on expenditures on the Program.
(4) Information regarding the Department of State's
compliance with subsection (g).
(i) Voluntary Participation.--
(1) In general.--Nothing in this section may be construed
to compel any student who is a participant in an internship
program of the Department of State to participate in the
collection of the data or divulge any personal information.
Such students shall be informed that their participation in the
data collection contemplated by this section is voluntary.
(2) Privacy protection.--Any data collected under this
section shall be subject to the relevant privacy protection
statutes and regulations applicable to Federal employees.
(j) Special Hiring Authority.--The Department of State may offer
compensated internships for not more than 52 weeks, and select,
appoint, employ, and remove individuals in such compensated internships
without regard to the provisions of law governing appointments in the
competitive service.
(k) Use of Funds.--Internships offered and compensated by the
Department subject to this section shall be funded by amounts
appropriated pursuant to--
(1) the authorization of appropriations under section 1001;
and
(2) any other Act.
SEC. 1324. COMPETITIVE STATUS FOR CERTAIN EMPLOYEES HIRED BY INSPECTORS
GENERAL TO SUPPORT THE LEAD IG MISSION.
Subparagraph (A) of section 8L(d)(5) of the Inspector General Act
of 1978 (5 U.S.C. App.) is amended by striking ``a lead Inspector
General for'' and inserting ``any of the Inspectors General specified
in subsection (c) for oversight of''.
SEC. 1325. COOPERATION WITH OFFICE OF THE INSPECTOR GENERAL.
(a) Administrative Discipline.--Not later than 30 days after the
date of the enactment of this Act, the Secretary of State shall make
explicit in writing to all Department of State personnel, including the
Secretary of State, Department employees, contractors, and political
appointees, and shall consider updating the Foreign Affairs Manual and
the Foreign Affairs Handbook to explicitly specify, that if any of such
personnel does not comply within 60 days with a request for an
interview or access to documents from the Office of the Inspector
General of the Department such personnel may be subject to appropriate
administrative discipline including, when circumstances warrant,
suspension without pay or removal.
(b) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act and on a quarterly basis thereafter,
the Office of the Inspector General of the Department of State
and the United States Agency for Global Media shall submit to
the appropriate congressional committees and the Secretary of
State a report in unclassified form detailing the following:
(A) The number of individuals who have failed to
comply within 60 days with a request for an interview
or access to documents from the Office of the Inspector
General pertaining to a non-criminal matter.
(B) The date on which such requests were initially
made.
(C) Any extension of time that was voluntarily
granted to such individual by the Office of the
Inspector General.
(D) The general subject matters regarding which the
Office of the Inspector General has requested of such
individuals.
(2) Form.--Additional information pertaining solely to the
subject matter of a request described in paragraph (1) may be
provided in a supplemental classified annex, if necessary, but
all other information required by the reports required under
such paragraph shall be provided in unclassified form.
SEC. 1326. INFORMATION ON EDUCATIONAL OPPORTUNITIES FOR CHILDREN WITH
SPECIAL EDUCATIONAL NEEDS CONSISTENT WITH THE INDIVIDUALS
WITH DISABILITIES EDUCATION ACT.
Not later than March 31, 2022, and annually thereafter, the
Director of the Office of Overseas Schools of the Department of State
shall maintain and update a list of overseas schools receiving
assistance from the Office and detailing the extent to which each such
school provides special education and related services to children with
disabilities in accordance with part B of the Individuals with
Disabilities Education Act (20 U.S.C. 1411 et seq.). Each list required
under this section shall be posted on the public website of the Office
for access by members of the Foreign Service, Senior Foreign Service,
and their eligible family members.
SEC. 1327. IMPLEMENTATION OF GAP MEMORANDUM IN SELECTION BOARD PROCESS.
(a) In General.--Section 603 of the Foreign Service Act of 1980 (22
U.S.C. 4003) is amended by adding at the end the following new
subsection:
``(c)(1) A member of the Service or member of the Senior Foreign
Service whose performance will be evaluated by a selection board may
submit to such selection board a gap memo in advance of such
evaluation.
``(2) Members of a selection board may not consider as negative the
submission of a gap memo by a member described in paragraph (1) when
evaluating the performance of such member.
``(3) In this subsection, the term `gap memo' means a written
record, submitted to a selection board in a standard format established
by the Director General of the Foreign Service, which indicates and
explains a gap in the record of a member of the Service or member of
the Senior Foreign Service whose performance will be evaluated by such
selection board, which gap is due to personal circumstances, including
for health, family, or other reason as determined by the Director
General in consultation with the Committee on Foreign Affairs of the
House of Representatives and the Committee on Foreign Relations of the
Senate.''.
(b) Consultation and Guidance.--
(1) Consultation.--Not later than 30 days after the date of
the enactment of this Act, the Director General of the Foreign
Service shall consult with the Committee on Foreign Affairs of
the House of Representatives and the Committee on Foreign
Relations of the Senate regarding the development of the gap
memo under subsection (c) of section 603 of the Foreign Service
Act of 1980, as added by subsection (a).
(2) Definition.--In this subsection, the term ``gap memo''
has the meaning given such term in subsection (c) of section
603 of the Foreign Service Act of 1980.
TITLE IV--A DIVERSE WORKFORCE: RECRUITMENT, RETENTION, AND PROMOTION
SEC. 1401. DEFINITIONS.
In this title:
(1) Applicant flow data.--The term ``applicant flow data''
means data that tracks the rate of applications for job
positions among demographic categories.
(2) Demographic data.--The term ``demographic data'' means
facts or statistics relating to the demographic categories
specified in the Office of Management and Budget statistical
policy directive entitled ``Standards for Maintaining,
Collecting, and Presenting Federal Data on Race and Ethnicity''
(81 Fed. Reg. 67398).
(3) Diversity.--The term ``diversity'' means those classes
of persons protected under the Civil Rights Act of 1964 (42
U.S.C. 2000a et seq.) and the Americans with Disabilities Act
of 1990 (42 U.S.C. 12101 et seq.).
(4) Workforce.--The term ``workforce'' means--
(A) individuals serving in a position in the civil
service (as such term is defined in section 2101 of
title 5, United States Code);
(B) individuals who are members of the Foreign
Service (as such term defined in section 103 of the
Foreign Service Act of 1980 (22 U.S.C. 3902));
(C) all individuals serving under a personal
services contract;
(D) all individuals serving under a Foreign Service
limited appointment under section 309 of the Foreign
Service Act of 1980 (22 U.S.C. 3949); or
(E) individuals other than Locally Employed Staff
working in the Department of State under any other
authority.
SEC. 1402. COLLECTION, ANALYSIS, AND DISSEMINATION OF WORKFORCE DATA.
(a) Initial Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State shall, in consultation
with the Director of the Office of Personnel Management and the
Director of the Office of Management and Budget, submit to the
appropriate congressional committees a report, which shall also be
published on a publicly available website of the Department in a
searchable database format, that includes disaggregated demographic
data and other information regarding the diversity of the workforce of
the Department of State.
(b) Data.--The report under subsection (a) shall include the
following data to the maximum extent collection of such data is
permissible by law:
(1) Demographic data on each element of the workforce of
the Department of State, disaggregated by rank and grade or
grade-equivalent, with respect to the following groups:
(A) Applicants for positions in the Department.
(B) Individuals hired to join the workforce.
(C) Individuals promoted during the 5-year period
ending on the date of the enactment of this Act,
including promotions to and within the Senior Executive
Service or the Senior Foreign Service.
(D) Individuals serving during the 5-year period
ending on the date of the enactment of this Act as
special assistants in any of the offices of the
Secretary of State, the Deputy Secretary of State, the
Counselor of the Department of State, the Secretary's
Policy Planning Staff, the Under Secretary for Arms
Control and International Security, the Under Secretary
for Civilian Security, Democracy, and Human Rights, the
Under Secretary for Economic Growth, Energy, and the
Environment, the Undersecretary for Management, the
Undersecretary of State for Political Affairs, and the
Undersecretary for Public Diplomacy and Public Affairs.
(E) Individuals serving in the 5-year period ending
on the date of the enactment of this Act in each
bureau's front office.
(F) Individuals serving in the 5-year period ending
on the date of the enactment of this Act as detailees
to the National Security Council.
(G) Individuals serving on applicable selection
boards.
(H) Members of any external advisory committee or
board who are subject to appointment by individuals at
senior positions in the Department.
(I) Individuals participating in professional
development programs of the Department, and the extent
to which such participants have been placed into senior
positions within the Department after such
participation.
(J) Individuals participating in mentorship or
retention programs.
(K) Individuals who separated from the agency
during the 5-year period ending on the date of the
enactment of this Act, including individuals in the
Senior Executive Service or the Senior Foreign Service.
(2) An assessment of agency compliance with the essential
elements identified in Equal Employment Opportunity Commission
Management Directive 715, effective October 1, 2003.
(3) Data on the overall number of individuals who are part
of the workforce, the percentages of such workforce
corresponding to each element specified in section 1401(4), and
the percentages corresponding to each rank, grade, or grade-
equivalent.
(c) Recommendation.--The Secretary of State may include in the
report under subsection (a) a recommendation to the Director of Office
of Management and Budget and to the appropriate congressional
committees regarding whether the Department of State should be
permitted to collect more detailed data on demographic categories in
addition to the race and ethnicity categories specified in the Office
of Management and Budget statistical policy directive entitled
``Standards for Maintaining, Collecting, and Presenting Federal Data on
Race and Ethnicity'' (81 Fed. Reg. 67398), in order to comply with the
intent and requirements of this Act.
(d) Other Contents.--The report under subsection (a) shall also
describe and assess the effectiveness of the efforts of the Department
of State--
(1) to propagate fairness, impartiality, and inclusion in
the work environment, both domestically and abroad;
(2) to enforce anti-harassment and anti-discrimination
policies, both domestically and at posts overseas;
(3) to refrain from engaging in unlawful discrimination in
any phase of the employment process, including recruitment,
hiring, evaluation, assignments, promotion, retention, and
training;
(4) to prevent retaliation against employees for
participating in a protected equal employment opportunity
activity or for reporting sexual harassment or sexual assault;
(5) to provide reasonable accommodation for qualified
employees and applicants with disabilities; and
(6) to recruit a representative workforce by--
(A) recruiting women, persons with disabilities,
and minorities;
(B) recruiting at women's colleges, historically
Black colleges and universities, minority-serving
institutions, and other institutions serving a
significant percentage of minority students;
(C) placing job advertisements in newspapers,
magazines, and job sites oriented toward women and
minorities;
(D) sponsoring and recruiting at job fairs in urban
and rural communities and land-grant colleges or
universities;
(E) providing opportunities through the Foreign
Service Internship Program under chapter 12 of the
Foreign Service Act of 1980 (22 U.S.C. 4141 et seq.)
and other hiring initiatives;
(F) recruiting mid-level and senior-level
professionals through programs designed to increase
representation in international affairs of people
belonging to traditionally under-represented groups;
(G) offering the Foreign Service written and oral
assessment examinations in several locations throughout
the United States to reduce the burden of applicants
having to travel at their own expense to take either or
both such examinations;
(H) expanding the use of paid internships; and
(I) supporting recruiting and hiring opportunities
through--
(i) the Charles B. Rangel International
Affairs Fellowship Program;
(ii) the Thomas R. Pickering Foreign
Affairs Fellowship Program; and
(iii) other initiatives, including agency-
wide policy initiatives.
(e) Annual Updates.--Not later than one year after the publication
of the report required under subsection (a) and annually thereafter for
the following five years, the Secretary of State shall work with the
Director of the Office of Personnel Management and the Director of the
Office of Management and Budget to provide a report to the appropriate
congressional committees, which shall be posted on the Department's
website, which may be included in another annual report required under
another provision of law, that includes--
(1) disaggregated demographic data, to the maximum extent
collection of such data is permissible by law, relating to the
workforce and information on the status of diversity and
inclusion efforts of the Department;
(2) an analysis of applicant flow data, to the maximum
extent collection of such data is permissible by law,; and
(3) disaggregated demographic data relating to participants
in professional development programs of the Department and the
rate of placement into senior positions for participants in
such programs.
SEC. 1403. EXIT INTERVIEWS FOR WORKFORCE.
(a) Retained Members.--The Director General of the Foreign Service
and the Director of the Bureau of Human Resources or its equivalent
shall conduct periodic interviews with a representative and diverse
cross-section of the workforce of the Department of State--
(1) to understand the reasons of individuals in such
workforce for remaining in a position in the Department; and
(2) to receive feedback on workplace policies, professional
development opportunities, and other issues affecting the
decision of individuals in the workforce to remain in the
Department.
(b) Departing Members.--The Director General of the Foreign Service
and the Director of the Bureau of Human Resources or its equivalent
shall provide an opportunity for an exit interview to each individual
in the workforce of the Department of State who separates from service
with the Department to better understand the reasons of such individual
for leaving such service.
(c) Use of Analysis From Interviews.--The Director General of the
Foreign Service and the Director of the Bureau of Human Resources or
its equivalent shall analyze demographic data and other information
obtained through interviews under subsections (a) and (b) to
determine--
(1) to what extent, if any, the diversity of those
participating in such interviews impacts the results; and
(2) whether to implement any policy changes or include any
recommendations in a report required under subsection (a) or
(e) of section 1402 relating to the determination reached
pursuant to paragraph (1).
(d) Tracking Data.--The Department of State shall--
(1) track demographic data relating to participants in
professional development programs and the rate of placement
into senior positions for participants in such programs;
(2) annually evaluate such data--
(A) to identify ways to improve outreach and
recruitment for such programs, consistent with merit
system principles; and
(B) to understand the extent to which participation
in any professional development program offered or
sponsored by the Department differs among the
demographic categories of the workforce; and
(3) actively encourage participation from a range of
demographic categories, especially from categories with
consistently low participation, in such professional
development programs.
SEC. 1404. RECRUITMENT AND RETENTION.
(a) In General.--The Secretary of State shall--
(1) continue to seek a diverse and talented pool of
applicants; and
(2) instruct the Director General of the Foreign Service
and the Director of the Bureau of Human Resources of the
Department of State to have a recruitment plan of action for
the recruitment of people belonging to traditionally under-
represented groups, which should include outreach at
appropriate colleges, universities, affinity groups, and
professional associations.
(b) Scope.--The diversity recruitment initiatives described in
subsection (a) shall include--
(1) recruiting at women's colleges, historically Black
colleges and universities, minority-serving institutions, and
other institutions serving a significant percentage of minority
students;
(2) placing job advertisements in newspapers, magazines,
and job sites oriented toward diverse groups;
(3) sponsoring and recruiting at job fairs in urban and
rural communities and land-grant colleges or universities;
(4) providing opportunities through highly respected,
international leadership programs, that focus on diversity
recruitment and retention;
(5) expanding the use of paid internships; and
(6) cultivating partnerships with organizations dedicated
to the advancement of the profession of international affairs
and national security to advance shared diversity goals.
(c) Expand Training on Anti-harassment and Anti-discrimination.--
(1) In general.--The Secretary of State shall, through the
Foreign Service Institute and other educational and training
opportunities--
(A) ensure the provision to all individuals in the
workforce of training on anti-harassment and anti-
discrimination information and policies, including in
existing Foreign Service Institute courses or modules
prioritized in the Department of State's Diversity and
Inclusion Strategic Plan for 2016-2020 to promote
diversity in Bureau awards or mitigate unconscious
bias;
(B) expand the provision of training on workplace
rights and responsibilities to focus on anti-harassment
and anti-discrimination information and policies,
including policies relating to sexual assault
prevention and response; and
(C) make such expanded training mandatory for--
(i) individuals in senior and supervisory
positions;
(ii) individuals having responsibilities
related to recruitment, retention, or promotion
of employees; and
(iii) any other individual determined by
the Department who needs such training based on
analysis by the Department or OPM analysis.
(2) Best practices.--The Department of State shall give
special attention to ensuring the continuous incorporation of
research-based best practices in training provided under this
subsection.
SEC. 1405. PROMOTING DIVERSITY AND INCLUSION IN THE NATIONAL SECURITY
WORKFORCE.
(a) In General.--The Secretary of State shall ensure that
individuals in senior and supervisory positions of the Department of
State, or Department individuals having responsibilities related to
recruitment, retention, or promotion of employees, should have a
demonstrated commitment to equal opportunity, diversity, and inclusion.
(b) Consideration.--In making any recommendations on nominations,
conducting interviews, identifying or selecting candidates, or
appointing acting individuals for positions equivalent to an Assistant
Secretary or above, the Secretary of State shall use best efforts to
consider at least one individual reflective of diversity.
(c) Establishment.--
(1) In general.--The Secretary of State shall establish a
mechanism to ensure that appointments or details of Department
of State employees to staff positions in the Offices of the
Secretary, the Deputy Secretary, the Counselor of the
Department, the Secretary's Policy Planning Staff, or any of
the Undersecretaries of State, and details to the National
Security Council, are transparent, competitive, equitable, and
inclusive, and made without regard to an individual's race,
color, religion, sex (including pregnancy, transgender status,
or sexual orientation), national origin, age (if 40 or older),
disability, or genetic information.
(2) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State shall submit to
the appropriate congressional committees a report regarding the
mechanism required under paragraph (1).
(d) Availability.--The Secretary of State shall use best efforts to
consider at least one individual reflective of diversity for the staff
positions specified in subsection (c)(1) and ensure such positions are
equitably available to employees of the civil service and Foreign
Service.
SEC. 1406. LEADERSHIP ENGAGEMENT AND ACCOUNTABILITY.
(a) Reward and Recognize Efforts to Promote Diversity and
Inclusion.--
(1) In general.--The Secretary of State shall implement
performance and advancement requirements that reward and
recognize the efforts of individuals in senior positions and
supervisors in the Department of State in fostering an
inclusive environment and cultivating talent consistent with
merit system principles, such as through participation in
mentoring programs or sponsorship initiatives, recruitment
events, and other similar opportunities.
(2) Outreach events.--The Secretary of State shall create
opportunities for individuals in senior positions and
supervisors in the Department of State to participate in
outreach events and to discuss issues relating to diversity and
inclusion with the workforce on a regular basis, including with
employee resource groups.
(b) External Advisory Committees and Boards.--For each external
advisory committee or board to which individuals in senior positions in
the Department of State appoint members, the Secretary of State is
strongly encouraged by Congress to ensure such external advisory
committee or board is developed, reviewed, and carried out by qualified
teams that represent the diversity of the organization.
SEC. 1407. PROFESSIONAL DEVELOPMENT OPPORTUNITIES AND TOOLS.
(a) Expand Provision of Professional Development and Career
Advancement Opportunities.--
(1) In general.--The Secretary of State is authorized to
expand professional development opportunities that support the
mission needs of the Department of State, such as--
(A) academic programs;
(B) private-public exchanges; and
(C) detail assignments to relevant positions in--
(i) private or international organizations;
(ii) State, local, and Tribal governments;
(iii) other branches of the Federal
Government; or
(iv) professional schools of international
affairs.
(2) Training for senior positions.--
(A) In general.--The Secretary of State shall
offer, or sponsor members of the workforce to
participate in, a Senior Executive Service candidate
development program or other program that trains
members on the skills required for appointment to
senior positions in the Department of State.
(B) Requirements.--In determining which members of
the workforce are granted professional development or
career advancement opportunities under subparagraph
(A), the Secretary of State shall--
(i) ensure any program offered or sponsored
by the Department of State under such
subparagraph comports with the requirements of
subpart C of part 412 of title 5, Code of
Federal Regulations, or any successor thereto,
including merit staffing and assessment
requirements;
(ii) consider the number of expected
vacancies in senior positions as a factor in
determining the number of candidates to select
for such programs;
(iii) understand how participation in any
program offered or sponsored by the Department
under such subparagraph differs by gender,
race, national origin, disability status, or
other demographic categories; and
(iv) actively encourage participation from
a range of demographic categories, especially
from categories with consistently low
participation.
SEC. 1408. EXAMINATION AND ORAL ASSESSMENT FOR THE FOREIGN SERVICE.
(a) Sense of Congress.--It is the sense of Congress that the
Department of State should offer both the Foreign Service written
examination and oral assessment in more locations throughout the United
States. Doing so would ease the financial burden on potential
candidates who do not currently reside in and must travel at their own
expense to one of the few locations where these assessments are
offered.
(b) Foreign Service Examinations.--Section 301(b) of the Foreign
Service Act of 1980 (22 U.S.C. 3941) is amended--
(1) by striking ``The Secretary'' and inserting: ``(1) The
Secretary''; and
(2) by adding at the end the following new paragraph:
``(2) The Secretary shall ensure that the Board of Examiners for
the Foreign Service annually offers the oral assessment examinations
described in paragraph (1) in cities, chosen on a rotating basis,
located in at least three different time zones across the United
States.''.
SEC. 1409. PAYNE FELLOWSHIP AUTHORIZATION.
(a) In General.--Undergraduate and graduate components of the
Donald M. Payne International Development Fellowship Program may
conduct outreach to attract outstanding students with an interest in
pursuing a Foreign Service career who represent diverse ethnic and
socioeconomic backgrounds.
(b) Review of Past Programs.--The Secretary of State shall review
past programs designed to increase minority representation in
international affairs positions.
SEC. 1410. VOLUNTARY PARTICIPATION.
(a) In General.--Nothing in this title should be construed so as to
compel any employee to participate in the collection of the data or
divulge any personal information. Department of State employees shall
be informed that their participation in the data collection
contemplated by this title is voluntary.
(b) Privacy Protection.--Any data collected under this title shall
be subject to the relevant privacy protection statutes and regulations
applicable to Federal employees.
TITLE V--INFORMATION SECURITY
SEC. 1501. DEFINITIONS.
In this title:
(1) Intelligence community.--The term ``intelligence
community'' has the meaning given such term in section 3(4) of
the National Security Act of 1947 (50 U.S.C. 3003(4)).
(2) Relevant congressional committees.--The term ``relevant
congressional committees'' means--
(A) the appropriate congressional committees;
(B) the Select Committee on Intelligence of the
Senate; and
(C) the Permanent Select Committee on Intelligence
of the House of Representatives.
SEC. 1502. LIST OF CERTAIN TELECOMMUNICATIONS PROVIDERS.
(a) List of Covered Contractors.--Not later than 30 days after the
date of the enactment of this Act, the Secretary of State, in
consultation with the Director of National Intelligence, shall develop
or maintain, as the case may be, and update as frequently as the
Secretary determines appropriate, a list of covered contractors with
respect to which the Department should seek to avoid entering into
contracts. Not later than 30 days after the initial development of the
list under this subsection, any update thereto, and annually thereafter
for five years after such initial 30 day period, the Secretary shall
submit to the appropriate congressional committees a copy of such list.
(b) Covered Contractor Defined.--In this section, the term
``covered contractor'' means a provider of telecommunications,
telecommunications equipment, or information technology equipment,
including hardware, software, or services, that has knowingly assisted
or facilitated a cyber attack or conducted surveillance, including
passive or active monitoring, carried out against--
(1) the United States by, or on behalf of, any government,
or persons associated with such government, listed as a cyber
threat actor in the intelligence community's 2017 assessment of
worldwide threats to United States national security or any
subsequent worldwide threat assessment of the intelligence
community; or
(2) individuals, including activists, journalists,
opposition politicians, or other individuals for the purposes
of suppressing dissent or intimidating critics, on behalf of a
country included in the annual country reports on human rights
practices of the Department for systematic acts of political
repression, including arbitrary arrest or detention, torture,
extrajudicial or politically motivated killing, or other gross
violations of human rights.
SEC. 1503. PRESERVING RECORDS OF ELECTRONIC COMMUNICATIONS CONDUCTED
RELATED TO OFFICIAL DUTIES OF POSITIONS IN THE PUBLIC
TRUST OF THE AMERICAN PEOPLE.
(a) Sense of Congress.--It is the sense of Congress that all
officers and employees of the Department and the United States Agency
for International Development are obligated under chapter 31 of title
44, United States Code (popularly referred to as the Federal Records
Act of 1950), to create and preserve records containing adequate and
proper documentation of the organization, functions, policies,
decisions, procedures, and essential transactions or operations of the
Department and United States embassies, consulates, and missions
abroad, including records of official communications with foreign
government officials or other foreign entities.
(b) Certification.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to the appropriate
congressional committees a certification in unclassified form that
Secretary has communicated to all Department personnel, including the
Secretary of State and all political appointees, that such personnel
are obligated under chapter 31 of title 44, United States Code, to
treat electronic messaging systems, software, and applications as
equivalent to electronic mail for the purpose of identifying Federal
records.
SEC. 1504. FOREIGN RELATIONS OF THE UNITED STATES (FRUS) SERIES AND
DECLASSIFICATION.
The State Department Basic Authorities Act of 1956 is amended--
(1) in section 402(a)(2) (22 U.S.C. 4352(a)(2)), by
striking ``26'' and inserting ``20''; and
(2) in section 404 (22 U.S.C. 4354)--
(A) in subsection (a)(1), by striking ``30''and
inserting ``25''; and
(B) in subsection (c)(1)(C), by striking ``30'' and
inserting ``25''.
SEC. 1505. VULNERABILITY DISCLOSURE POLICY AND BUG BOUNTY PILOT
PROGRAM.
(a) Definitions.--In this section:
(1) Bug bounty program.--The term ``bug bounty program''
means a program under which an approved individual,
organization, or company is temporarily authorized to identify
and report vulnerabilities of internet-facing information
technology of the Department of State in exchange for
compensation.
(2) Information technology.--The term ``information
technology'' has the meaning given such term in section 11101
of title 40, United States Code.
(b) Vulnerability Disclosure Process.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State shall design,
establish, and make publicly known a Vulnerability Disclosure
Process (VDP) to improve Department of State cybersecurity by--
(A) providing security researchers with clear
guidelines for--
(i) conducting vulnerability discovery
activities directed at Department information
technology; and
(ii) submitting discovered security
vulnerabilities to the Department; and
(B) creating Department procedures and
infrastructure to receive and fix discovered
vulnerabilities.
(2) Requirements.--In establishing the VDP pursuant to
paragraph (1), the Secretary of State shall--
(A) identify which Department of State information
technology should be included in the process;
(B) determine whether the process should
differentiate among and specify the types of security
vulnerabilities that may be targeted;
(C) provide a readily available means of reporting
discovered security vulnerabilities and the form in
which such vulnerabilities should be reported;
(D) identify which Department offices and positions
will be responsible for receiving, prioritizing, and
addressing security vulnerability disclosure reports;
(E) consult with the Attorney General regarding how
to ensure that individuals, organizations, and
companies that comply with the requirements of the
process are protected from prosecution under section
1030 of title 18, United States Code, and similar
provisions of law for specific activities authorized
under the process;
(F) consult with the relevant offices at the
Department of Defense that were responsible for
launching the 2016 Vulnerability Disclosure Program,
``Hack the Pentagon'', and subsequent Department of
Defense bug bounty programs;
(G) engage qualified interested persons, including
nongovernmental sector representatives, about the
structure of the process as constructive and to the
extent practicable; and
(H) award contracts to entities, as necessary, to
manage the process and implement the remediation of
discovered security vulnerabilities.
(3) Annual reports.--Not later than 180 days after the
establishment of the VDP under paragraph (1) and annually
thereafter for the next five years, the Secretary of State
shall submit to the Committee on Foreign Affairs of the House
of Representatives and the Committee on Foreign Relations of
the Senate a report on the VDP, including information relating
to the following:
(A) The number and severity of all security
vulnerabilities reported.
(B) The number of previously unidentified security
vulnerabilities remediated as a result.
(C) The current number of outstanding previously
unidentified security vulnerabilities and Department of
State remediation plans.
(D) The average length of time between the
reporting of security vulnerabilities and remediation
of such vulnerabilities.
(E) The resources, surge staffing, roles, and
responsibilities within the Department used to
implement the VDP and complete security vulnerability
remediation.
(F) Any other information the Secretary determines
relevant.
(c) Bug Bounty Pilot Program.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of State shall
establish a bug bounty pilot program to minimize security
vulnerabilities of internet-facing information technology of
the Department of State.
(2) Requirements.--In establishing the pilot program
described in paragraph (1), the Secretary of State shall--
(A) provide compensation for reports of previously
unidentified security vulnerabilities within the
websites, applications, and other internet-facing
information technology of the Department of State that
are accessible to the public;
(B) award contracts to entities, as necessary, to
manage such pilot program and for executing the
remediation of security vulnerabilities identified
pursuant to subparagraph (A);
(C) identify which Department of State information
technology should be included in such pilot program;
(D) consult with the Attorney General on how to
ensure that individuals, organizations, or companies
that comply with the requirements of such pilot program
are protected from prosecution under section 1030 of
title 18, United States Code, and similar provisions of
law for specific activities authorized under such pilot
program;
(E) consult with the relevant offices at the
Department of Defense that were responsible for
launching the 2016 ``Hack the Pentagon'' pilot program
and subsequent Department of Defense bug bounty
programs;
(F) develop a process by which an approved
individual, organization, or company can register with
the entity referred to in subparagraph (B), submit to a
background check as determined by the Department of
State, and receive a determination as to eligibility
for participation in such pilot program;
(G) engage qualified interested persons, including
nongovernmental sector representatives, about the
structure of such pilot program as constructive and to
the extent practicable; and
(H) consult with relevant United States Government
officials to ensure that such pilot program complements
persistent network and vulnerability scans of the
Department of State's internet-accessible systems, such
as the scans conducted pursuant to Binding Operational
Directive BOD-19-02 or successor directive.
(3) Duration.--The pilot program established under
paragraph (1) should be short-term in duration and not last
longer than one year.
(4) Report.--Not later than 180 days after the date on
which the bug bounty pilot program under subsection (a) is
completed, the Secretary of State shall submit to the Committee
on Foreign Relations of the Senate and the Committee on Foreign
Affairs of the House of Representatives a report on such pilot
program, including information relating to--
(A) the number of approved individuals,
organizations, or companies involved in such pilot
program, broken down by the number of approved
individuals, organizations, or companies that--
(i) registered;
(ii) were approved;
(iii) submitted security vulnerabilities;
and
(iv) received compensation;
(B) the number and severity of all security
vulnerabilities reported as part of such pilot program;
(C) the number of previously unidentified security
vulnerabilities remediated as a result of such pilot
program;
(D) the current number of outstanding previously
unidentified security vulnerabilities and Department
remediation plans;
(E) the average length of time between the
reporting of security vulnerabilities and remediation
of such vulnerabilities;
(F) the types of compensation provided under such
pilot program; and
(G) the lessons learned from such pilot program.
(d) Use of Funds.--Compensation offered by the Department subject
to this section shall be funded by amounts appropriated pursuant to--
(1) the authorization of appropriations under section 1001;
and
(2) any other Act.
TITLE VI--PUBLIC DIPLOMACY
SEC. 1601. SHORT TITLE.
This title may be cited as the ``Public Diplomacy Modernization Act
of 2021''.
SEC. 1602. AVOIDING DUPLICATION OF PROGRAMS AND EFFORTS.
The Secretary of State shall--
(1) identify opportunities for greater efficiency of
operations, including through improved coordination of efforts
across public diplomacy bureaus and offices of the Department
of State; and
(2) maximize shared use of resources between, and within,
such public diplomacy bureaus and offices in cases in which
programs, facilities, or administrative functions are
duplicative or substantially overlapping.
SEC. 1603. IMPROVING RESEARCH AND EVALUATION OF PUBLIC DIPLOMACY.
(a) Research and Evaluation Activities.--The Secretary of State,
acting through the Director of Research and Evaluation appointed
pursuant to subsection (b), shall--
(1) conduct regular research and evaluation of public
diplomacy programs and activities of the Department, including
through the routine use of audience research, digital
analytics, and impact evaluations, to plan and execute such
programs and activities; and
(2) make available to Congress the findings of the research
and evaluations conducted under paragraph (1).
(b) Director of Research and Evaluation.--
(1) Appointment.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of State shall appoint
a Director of Research and Evaluation (referred to in this
subsection as the ``Director'') in the Office of Policy,
Planning, and Resources for Public Diplomacy and Public Affairs
of the Department.
(2) Limitation on appointment.--The appointment of the
Director pursuant to paragraph (1) shall not result in an
increase in the overall full-time equivalent positions within
the Department of State.
(3) Responsibilities.--The Director shall--
(A) coordinate and oversee the research and
evaluation of public diplomacy programs and activities
of the Department of State in order to--
(i) improve public diplomacy strategies and
tactics; and
(ii) ensure that such programs and
activities are increasing the knowledge,
understanding, and trust of the United States
by relevant target audiences;
(B) routinely organize and oversee audience
research, digital analytics, and impact evaluations
across all public diplomacy bureaus and offices of the
Department;
(C) support United States diplomatic posts' public
affairs sections;
(D) share appropriate public diplomacy research and
evaluation information within the Department and with
other appropriate Federal departments and agencies;
(E) regularly design and coordinate standardized
research questions, methodologies, and procedures to
ensure that public diplomacy programs and activities
across all public diplomacy bureaus and offices are
designed to meet appropriate foreign policy objectives;
and
(F) report biannually to the United States Advisory
Commission on Public Diplomacy, through the
Subcommittee on Research and Evaluation established
pursuant to subsection (f), regarding the research and
evaluation of all public diplomacy bureaus and offices.
(4) Guidance and training.--Not later than one year after
the appointment of the Director pursuant to paragraph (1), the
Director shall develop guidance and training, including
curriculum for use by the Foreign Service Institute, for all
public diplomacy officers of the Department regarding the
reading and interpretation of public diplomacy program and
activity evaluation findings to ensure that such findings and
related lessons learned are implemented in the planning and
evaluation of all public diplomacy programs and activities of
the Department.
(c) Prioritizing Research and Evaluation.--
(1) In general.--The head of the Office of Policy,
Planning, and Resources for Public Diplomacy and Public Affairs
of the Department of State shall ensure that research and
evaluation of public diplomacy and activities of the
Department, as coordinated and overseen by the Director
pursuant to subsection (b), supports strategic planning and
resource allocation across all public diplomacy bureaus and
offices of the Department.
(2) Allocation of resources.--Amounts allocated for the
purpose of research and evaluation of public diplomacy programs
and activities of the Department of State pursuant to
subsection (b) shall be made available to be disbursed at the
direction of the Director of Research and Evaluation among the
research and evaluation staff across all public diplomacy
bureaus and offices of the Department.
(3) Sense of congress.--It is the sense of Congress that
the Department of State should gradually increase its
allocation of funds made available under the headings
``Educational and Cultural Exchange Programs'' and ``Diplomatic
Programs'' for research and evaluation of public diplomacy
programs and activities of the Department pursuant to
subsection (b) to a percentage of program funds that is
commensurate with Federal Government best practices.
(d) Limited Exemption Relating to the Paperwork Reduction Act.--
Chapter 35 of title 44, United States Code (commonly known as the
``Paperwork Reduction Act'') shall not apply to the collection of
information directed at any individuals conducted by, or on behalf of,
the Department of State for the purpose of audience research,
monitoring, and evaluations, and in connection with the Department's
activities conducted pursuant to any of the following:
(1) The Mutual Educational and Cultural Exchange Act of
1961 (22 U.S.C. 2451 et seq.).
(2) Section 1287 of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328; 22 U.S.C. 2656 note).
(3) The Foreign Assistance Act of 1961 (22 U.S.C. 2151 et
seq.).
(e) Limited Exemption Relating to the Privacy Act.--
(1) In general.--The Department of State shall maintain,
collect, use, and disseminate records (as such term is defined
in section 552a(a)(4) of title 5, United States Code) for
audience research, digital analytics, and impact evaluation of
communications related to public diplomacy efforts intended for
foreign audiences.
(2) Conditions.--Audience research, digital analytics, and
impact evaluations under paragraph (1) shall be--
(A) reasonably tailored to meet the purposes of
this subsection; and
(B) carried out with due regard for privacy and
civil liberties guidance and oversight.
(f) United States Advisory Commission on Public Diplomacy.--
(1) Subcommittee for research and evaluation.--The United
States Advisory Commission on Public Diplomacy shall establish
a Subcommittee on Research and Evaluation to monitor and advise
regarding audience research, digital analytics, and impact
evaluations carried out by the Department of State and the
United States Agency for Global Media.
(2) Annual report.--The Subcommittee on Research and
Evaluation established pursuant to paragraph (1) shall submit
to the appropriate congressional committees an annual report,
in conjunction with the United States Advisory Commission on
Public Diplomacy's Comprehensive Annual Report on the
performance of the Department and the United States Agency for
Global Media, describing all actions taken by the Subcommittee
pursuant to paragraph (1) and any findings made as a result of
such actions.
SEC. 1604. PERMANENT REAUTHORIZATION OF THE UNITED STATES ADVISORY
COMMISSION ON PUBLIC DIPLOMACY.
(a) In General.--Section 1334 of the Foreign Affairs Reform and
Restructuring Act of 1998 (22 U.S.C. 6553) is amended--
(1) in the section heading, by striking ``sunset'' and
inserting ``continuation''; and
(2) by striking ``until October 1, 2021''.
(b) Clerical Amendment.--The table of contents in section 1002(b)
of the Foreign Affairs Reform and Restructuring Act of 1998 is amended
by amending the item relating to section 1334 to read as follows:
``Sec. 1334. Continuation of United States Advisory Commission on
Public Diplomacy.''.
SEC. 1605. STREAMLINING OF SUPPORT FUNCTIONS.
(a) Working Group Established.--Not later than 60 days after the
date of the enactment of this Act, the Secretary of State shall
establish a working group to explore the possibilities and cost-benefit
analysis of transitioning to a shared services model as such pertains
to human resources, travel, purchasing, budgetary planning, and all
other executive support functions for all bureaus of the Department
that report to the Under Secretary for Public Diplomacy of the
Department.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State shall submit to the
appropriate congressional committees a plan to implement any such
findings of the working group established under subsection (a).
SEC. 1606. GUIDANCE FOR CLOSURE OF PUBLIC DIPLOMACY FACILITIES.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State shall adopt, and include
in the Foreign Affairs Manual, guidelines to collect and utilize
information from each diplomatic post at which the construction of a
new embassy compound or new consulate compound would result in the
closure or co-location of an American Space, American Center, American
Corner, or any other public diplomacy facility under the Secure Embassy
Construction and Counterterrorism Act of 1999 (22 U.S.C. 4865 et seq.).
(b) Requirements.--The guidelines required by subsection (a) shall
include the following:
(1) Standardized notification to each chief of mission at a
diplomatic post describing the requirements of the Secure
Embassy Construction and Counterterrorism Act of 1999 and the
impact on the mission footprint of such requirements.
(2) An assessment and recommendations from each chief of
mission of potential impacts to public diplomacy programming at
such diplomatic post if any public diplomacy facility referred
to in subsection (a) is closed or staff is co-located in
accordance with such Act.
(3) A process by which assessments and recommendations
under paragraph (2) are considered by the Secretary of State
and the appropriate Under Secretaries and Assistant Secretaries
of the Department.
(4) Notification to the appropriate congressional
committees, prior to the initiation of a new embassy compound
or new consulate compound design, of the intent to close any
such public diplomacy facility or co-locate public diplomacy
staff in accordance with such Act.
(c) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of State shall submit to the
appropriate congressional committees a report containing the guidelines
required under subsection (a) and any recommendations for any
modifications to such guidelines.
SEC. 1607. DEFINITIONS.
In this title:
(1) Audience research.--The term ``audience research''
means research conducted at the outset of a public diplomacy
program or the outset of campaign planning and design regarding
specific audience segments to understand the attitudes,
interests, knowledge, and behaviors of such audience segments.
(2) Digital analytics.--The term ``digital analytics''
means the analysis of qualitative and quantitative data,
accumulated in digital format, to indicate the outputs and
outcomes of a public diplomacy program or campaign.
(3) Impact evaluation.--The term ``impact evaluation''
means an assessment of the changes in the audience targeted by
a public diplomacy program or campaign that can be attributed
to such program or campaign.
(4) Public diplomacy bureaus and offices.--The term
``public diplomacy bureaus and offices'' means, with respect to
the Department, the following:
(A) The Bureau of Educational and Cultural Affairs.
(B) The Bureau of Global Public Affairs.
(C) The Office of Policy, Planning, and Resources
for Public Diplomacy and Public Affairs.
(D) The Global Engagement Center.
(E) The public diplomacy functions within the
regional and functional bureaus.
TITLE VII--COMBATING PUBLIC CORRUPTION
SEC. 1701. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) it is in the foreign policy interest of the United
States to help foreign countries promote good governance and
combat public corruption;
(2) multiple Federal departments and agencies operate
programs that promote good governance in foreign countries and
enhance such countries' ability to combat public corruption;
and
(3) the Department of State should--
(A) promote coordination among the Federal
departments and agencies implementing programs to
promote good governance and combat public corruption in
foreign countries in order to improve effectiveness and
efficiency; and
(B) identify areas in which United States efforts
to help other countries promote good governance and
combat public corruption could be enhanced.
SEC. 1702. ANNUAL ASSESSMENT.
(a) In General.--For each of fiscal years 2022 through 2027, the
Secretary of State shall assess the capacity and commitment of foreign
governments to which the United States provides foreign assistance
under the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) or
the Arms Export Control Act (22 U.S.C. 2751 et seq.) to combat public
corruption. Each such assessment shall--
(1) utilize independent, third party indicators that
measure transparency, accountability, and corruption in the
public sector in such countries, including the extent to which
public power is exercised for private gain, to identify those
countries that are most vulnerable to public corruption;
(2) consider, to the extent reliable information is
available, whether the government of a country identified under
paragraph (1)--
(A) has adopted measures to prevent public
corruption, such as measures to inform and educate the
public, including potential victims, about the causes
and consequences of public corruption;
(B) has enacted laws and established government
structures, policies, and practices that prohibit
public corruption;
(C) enforces such laws through a fair judicial
process;
(D) vigorously investigates, prosecutes, convicts,
and sentences public officials who participate in or
facilitate public corruption, including nationals of
such country who are deployed in foreign military
assignments, trade delegations abroad, or other similar
missions who engage in or facilitate public corruption;
(E) prescribes appropriate punishment for serious
and significant corruption that is commensurate with
the punishment prescribed for serious crimes;
(F) prescribes appropriate punishment for
significant corruption that provides a sufficiently
stringent deterrent and adequately reflects the nature
of the offense;
(G) convicts and sentences persons responsible for
such acts that take place wholly or partly within the
country of such government, including, as appropriate,
requiring the incarceration of individuals convicted of
such acts;
(H) holds private sector representatives
accountable for their role in public corruption; and
(I) addresses threats for civil society to monitor
anti-corruption efforts;
(3) further consider--
(A) verifiable measures taken by the government of
a country identified under paragraph (1) to prohibit
government officials from participating in,
facilitating, or condoning public corruption, including
the investigation, prosecution, and conviction of such
officials;
(B) the extent to which such government provides
access, or, as appropriate, makes adequate resources
available, to civil society organizations and other
institutions to combat public corruption, including
reporting, investigating, and monitoring;
(C) the extent to which an independent judiciary or
judicial body in such country is responsible for, and
effectively capable of, deciding public corruption
cases impartially, on the basis of facts and in
accordance with law, without any improper restrictions,
influences, inducements, pressures, threats, or
interferences, whether direct or indirect, from any
source or for any reason;
(D) the extent to which such government cooperates
meaningfully with the United States to strengthen
government and judicial institutions and the rule of
law to prevent, prohibit, and punish public corruption;
and
(E) the extent to which such government--
(i) is assisting in international
investigations of transnational public
corruption networks and in other cooperative
efforts to combat serious, significant
corruption, including cooperating with the
governments of other countries to extradite
corrupt actors;
(ii) recognizes the rights of victims of
public corruption, ensures their access to
justice, and takes steps to prevent such
victims from being further victimized or
persecuted by corrupt actors, government
officials, or others; and
(iii) refrains from prosecuting legitimate
victims of public corruption or whistleblowers
due to such persons having assisted in exposing
public corruption, and refrains from other
discriminatory treatment of such persons; and
(4) contain such other information relating to public
corruption as the Secretary of State considers appropriate.
(b) Identification.--After conducting each assessment under
subsection (a), the Secretary of State shall identify, of the countries
described in subsection (a)(1)--
(1) which countries are meeting minimum standards to combat
public corruption;
(2) which countries are not meeting such minimum standards
but are making significant efforts to do so; and
(3) which countries are not meeting such minimum standards
and are not making significant efforts to do so.
(c) Report.--Except as provided in subsection (d), not later than
180 days after the date of the enactment of this Act and annually
thereafter through fiscal year 2027, the Secretary of State shall
submit to the appropriate congressional committees, the Committee on
Appropriations of the House of Representatives, and the Committee on
Appropriations of the Senate a report, and make such report publicly
available, that--
(1) identifies the countries described in subsection (a)(1)
and paragraphs (2) and (3) of subsection (b);
(2) describes the methodology and data utilized in the
assessments under subsection (a); and
(3) identifies the reasons for the identifications referred
to in paragraph (1).
(d) Briefing in Lieu of Report.--The Secretary of State may waive
the requirement to submit and make publicly available a written report
under subsection (c) if the Secretary--
(1) determines that publication of such report would--
(A) undermine existing United States anti-
corruption efforts in one or more countries; or
(B) threaten the national interests of the United
States; and
(2) provides to the appropriate congressional committees a
briefing that--
(A) identifies the countries described in
subsection (a)(1) and paragraphs (2) and (3) of
subsection (b);
(B) describes the methodology and data utilized in
the assessment under subsection (a); and
(C) identifies the reasons for the identifications
referred to in subparagraph (A).
SEC. 1703. TRANSPARENCY AND ACCOUNTABILITY.
For each country identified under paragraphs (2) and (3) of section
1702(b), the Secretary of State, in coordination with the Administrator
of the United States Agency for International Development, as
appropriate, shall--
(1) ensure that a corruption risk assessment and mitigation
strategy is included in the integrated country strategy for
such country; and
(2) utilize appropriate mechanisms to combat corruption in
such countries, including by ensuring--
(A) the inclusion of anti-corruption clauses in
contracts, grants, and cooperative agreements entered
into by the Department of State or the United States
Agency for International Development for or in such
countries, which allow for the termination of such
contracts, grants, or cooperative agreements, as the
case may be, without penalty if credible indicators of
public corruption are discovered;
(B) the inclusion of appropriate clawback or
flowdown clauses within the procurement instruments of
the Department of State and the United States Agency
for International Development that provide for the
recovery of funds misappropriated through corruption;
(C) the appropriate disclosure to the United States
Government, in confidential form, if necessary, of the
beneficial ownership of contractors, subcontractors,
grantees, cooperative agreement participants, and other
organizations implementing programs on behalf of the
Department of State or the United States Agency for
International Development; and
(D) the establishment of mechanisms for
investigating allegations of misappropriated resources
and equipment.
SEC. 1704. DESIGNATION OF EMBASSY ANTI-CORRUPTION POINTS OF CONTACT.
(a) In General.--The Secretary of State shall annually designate an
anti-corruption point of contact at the United States diplomatic post
to each country identified under paragraphs (2) and (3) of section
1702(b), or which the Secretary otherwise determines is in need of such
a point of contact. The point of contact shall be the chief of mission
or the chief of mission's designee.
(b) Responsibilities.--Each anti-corruption point of contact
designated under subsection (a) shall be responsible for coordinating
and overseeing the implementation of a whole-of-government approach
among the relevant Federal departments and agencies operating programs
that--
(1) promote good governance in foreign countries; and
(2) enhance the ability of such countries to--
(A) combat public corruption; and
(B) develop and implement corruption risk
assessment tools and mitigation strategies.
(c) Training.--The Secretary of State shall implement appropriate
training for anti-corruption points of contact designated under
subsection (a).
TITLE VIII--OTHER MATTERS
SEC. 1801. CASE-ZABLOCKI ACT REFORM.
Section 112b of title 1, United States Code, is amended--
(1) in subsection (a)--
(A) in the first sentence, by striking ``sixty''
and inserting ``30''; and
(B) in the second sentence, by striking ``Committee
on International Relations'' and inserting ``Committee
on Foreign Affairs''; and
(2) by amending subsection (b) to read as follows:
``(b) Each department or agency of the United States Government
that enters into any international agreement described in subsection
(a) on behalf of the United States, shall designate a Chief
International Agreements Officer, who--
``(1) shall be a current employee of such department or
agency;
``(2) shall serve concurrently as Chief International
Agreements Officer; and
``(3) subject to the authority of the head of such
department or agency, shall have department or agency-wide
responsibility for efficient and appropriate compliance with
subsection (a) to transmit the text of any international
agreement to the Department of State expeditiously after such
agreement has been signed.''.
SEC. 1802. LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT.
Section 620(q) of the Foreign Assistance Act of 1961 (22 U.S.C.
2370(q)) is amended--
(1) by striking ``No assistance'' and inserting the
following ``(1) No assistance'';
(2) by inserting ``the government of'' before ``any
country'';
(3) by inserting ``the government of'' before ``such
country'' each place it appears;
(4) by striking ``determines'' and all that follows and
inserting ``determines, after consultation with the Committee
on Foreign Affairs and the Committee on Appropriations of the
House of Representatives and the Committee on Foreign Relations
and the Committee on Appropriations of the Senate, that
assistance for such country is in the national interest of the
United States.''; and
(5) by adding at the end the following:
``(2) No assistance shall be furnished under this Act, the Peace
Corps Act, the Millennium Challenge Act of 2003, the African
Development Foundation Act, the BUILD Act of 2018, section 504 of the
FREEDOM Support Act, or section 23 of the Arms Export Control Act to
the government of any country which is in default during a period in
excess of 1 calendar year in payment to the United States of principal
or interest or any loan made to the government of such country by the
United States unless the President determines, following consultation
with the congressional committees specified in paragraph (1), that
assistance for such country is in the national interest of the United
States.''.
SEC. 1803. SEAN AND DAVID GOLDMAN CHILD ABDUCTION PREVENTION AND RETURN
ACT OF 2014 AMENDMENT.
Subsection (b) of section 101 of the Sean and David Goldman
International Child Abduction Prevention and Return Act of 2014 (22
U.S.C. 9111; Public Law 113-150) is amended--
(1) in paragraph (2)--
(A) in subparagraph (A)--
(i) by inserting ``, respectively,'' after
``access cases''; and
(ii) by inserting ``and the number of
children involved'' before the semicolon at the
end;
(B) in subparagraph (D), by inserting
``respectively, the number of children involved,''
after ``access cases,'';
(2) in paragraph (7), by inserting ``, and number of
children involved in such cases'' before the semicolon at the
end;
(3) in paragraph (8), by striking ``and'' after the
semicolon at the end;
(4) in paragraph (9), by striking the period at the end and
inserting ``; and''; and
(5) by adding at the end the following new paragraph:
``(10) the total number of pending cases the Department of
State has assigned to case officers and number of children
involved for each country and as a total for all countries.''.
SEC. 1804. MODIFICATION OF AUTHORITIES OF COMMISSION FOR THE
PRESERVATION OF AMERICA'S HERITAGE ABROAD.
(a) In General.--Chapter 3123 of title 54, United States Code, is
amended as follows:
(1) In section 312302, by inserting ``, and unimpeded
access to those sites,'' after ``and historic buildings''.
(2) In section 312304(a)--
(A) in paragraph (2)--
(i) by striking ``and historic buildings''
and inserting ``and historic buildings, and
unimpeded access to those sites''; and
(ii) by striking ``and protected'' and
inserting ``, protected, and made accessible'';
and
(B) in paragraph (3), by striking ``and
protecting'' and inserting ``, protecting, and making
accessible''.
(3) In section 312305, by inserting ``and to the Committee
on Foreign Affairs of the House of Representatives and the
Committee on Foreign Relations of the Senate'' after
``President''.
(b) Report.--Not later than 90 days after the date of the enactment
of this Act, the Commission for the Preservation of America's Heritage
Abroad shall submit to the President and to the Committee on Foreign
Affairs of the House of Representatives and the Committee on Foreign
Relations of the Senate a report that contains an evaluation of the
extent to which the Commission is prepared to continue its activities
and accomplishments with respect to the foreign heritage of United
States citizens from eastern and central Europe, were the Commission's
duties and powers extended to include other regions, including the
Middle East and North Africa, and any additional resources or personnel
the Commission would require.
SEC. 1805. CHIEF OF MISSION CONCURRENCE.
In the course of providing concurrence to the exercise of the
authority pursuant to section 127e of title 10, United State Code, or
section 1202 of the National Defense Authorization Act for Fiscal Year
2018--
(1) each relevant chief of mission shall inform and consult
in a timely manner with relevant individuals at relevant
missions or bureaus of the Department of State; and
(2) the Secretary of State shall take such steps as may be
necessary to ensure that such relevant individuals have the
security clearances necessary and access to relevant
compartmented and special programs to so consult in a timely
manner with respect to such concurrence.
SEC. 1806. REPORT ON EFFORTS OF THE CORONAVIRUS REPATRIATION TASK
FORCE.
Not later than 90 days after the date of the enactment of this Act,
the Secretary of State shall submit to the appropriate congressional
committees, the Committee on Armed Services of the House of
Representatives, and the Committee on Armed Services of the Senate a
report evaluating the efforts of the Coronavirus Repatriation Task
Force of the Department of State to repatriate United States citizens
and legal permanent residents in response to the 2020 coronavirus
outbreak. The report shall identify--
(1) the most significant impediments to repatriating such
persons;
(2) the lessons learned from such repatriations; and
(3) any changes planned to future repatriation efforts of
the Department of State to incorporate such lessons learned.
Passed the House of Representatives May 18, 2021.
Attest:
CHERYL L. JOHNSON,
Clerk. | Department of State Authorization Act of 2021 | To provide for certain authorities of the Department of State, and for other purposes. | Department of State Authorization Act of 2021
Department of State Authorization Act of 2021
Public Diplomacy Modernization Act of 2021
Public Diplomacy Modernization Act of 2021
Department of State Authorization Act of 2021
Public Diplomacy Modernization Act of 2021
Department of State Authorization Act of 2021
Public Diplomacy Modernization Act of 2021 | Rep. Meeks, Gregory W. | D | NY |
1,118 | 2,393 | S.1557 | Labor and Employment | National Signing Bonus Act of 2021
This bill replaces existing Federal Pandemic Unemployment Compensation payments for unemployed individuals with two-time signing bonuses for newly employed individuals.
Specifically, the bill allows states to provide up to two direct payments to individuals who are eligible for Federal Pandemic Unemployment Compensation prior to commencing employment with a new employer. The individual must continue employment with the new employer for at least four weeks before July 4, 2021, to be eligible for the first $1,212 payment under the bill and for at least eight weeks before July 4, 2021, to be eligible for the final $1,212 payment.
The bill otherwise eliminates federal reimbursement for Federal Pandemic Unemployment Compensation payments. | To support both workers and recovery by converting expanded Federal
unemployment payments into signing bonuses.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Signing Bonus Act of
2021''.
SEC. 2. NATIONAL SIGNING BONUSES.
(a) In General.--Section 2104(b) of the CARES Act (15 U.S.C.
9023(b)) is amended--
(1) by redesignating paragraph (4) as paragraph (5); and
(2) by inserting after paragraph (3) the following:
``(4) Back-to-work bonuses.--
``(A) In general.--Any agreement under this section
may also provide that the State agency of the State may
make up to 2 lump-sum payments (in this paragraph
referred to as the `first lump-sum payment' and the
`second lump-sum payment') to each individual who--
``(i) was eligible for Federal Pandemic
Unemployment Compensation under paragraph (1)
for--
``(I) any week beginning after the
date of enactment of the National
Signing Bonus Act of 2021; and
``(II) at least the 8 weeks
immediately preceding the week under
subclause (I);
``(ii) is no longer eligible for Federal
Pandemic Unemployment Compensation under
paragraph (1) (as determined by the State), as
a result of earnings due to commencing
employment with an employer by whom the
individual has not been employed during the
preceding 6 months; and
``(iii) as verified by the individual's
employer pursuant to subparagraph (E)--
``(I) has been employed by a non-
governmental employer throughout--
``(aa) in the case of the
first lump-sum payment, the
individual's first qualifying
period; and
``(bb) in the case of the
second lump-sum payment, the
individual's second qualifying
period; and
``(II) remains employed with an
intent to continue such employment.
``(B) Amount.--
``(i) First lump-sum payment.--With respect
to the first qualifying period, a payment made
to an individual under this paragraph shall be
paid in a lump sum amount of $1,212.
``(ii) Second lump-sum payment.--With
respect to the second qualifying period, a
payment made to an individual under this
paragraph shall be paid in a lump sum amount of
$1,212.
``(C) Qualifying periods.--
``(i) First qualifying period.--For
purposes of this paragraph, the term `first
qualifying period' means, with respect to an
individual, a period--
``(I) beginning on the date the
individual commenced employment as
described in subparagraph (A)(ii); and
``(II) extending at least 4
consecutive weeks from such date.
``(ii) Second qualifying period.--For
purposes of this paragraph, the term `second
qualifying period' means, with respect to an
individual, a period--
``(I) beginning on the date the
individual commenced employment as
described in subparagraph (A)(ii) (with
the same employer with whom the
individual qualified for the first
lump-sum payment under this paragraph);
and
``(II) extending at least 8
consecutive weeks from such date.
``(D) Duration.--A first or second lump-sum payment
may not be made to any individual under this paragraph
with respect to a first or second qualifying period
beginning on or after July 4, 2021.
``(E) Employer verification required for both lump-
sum payments.--Before making the first and second lump-
sum payment to an individual pursuant to this
paragraph, a State agency shall require verification
from the individual's employer--
``(i) of the individual's employment
status;
``(ii) of the wages paid to the individual
during the applicable qualifying period; and
``(iii) of the hours worked by the
individual during the applicable qualifying
period.
``(F) Limitation.--A State may not provide more
than one first lump-sum payment and one second lump-sum
payment under this paragraph to an individual.
``(G) Special rule.--Payments made pursuant to an
agreement under this paragraph shall not be considered
to violate the withdrawal requirements of section
303(a)(5) of the Social Security Act (42 U.S.C.
503(a)(5)) or section 3304(a)(4) of the Internal
Revenue Code of 1986.''.
(b) Conforming Amendments.--Section 2104 of the CARES Act (15
U.S.C. 9023) is amended--
(1) in subsections (d) and (f), by inserting ``, payments
under subsection (b)(4),'' after ``Federal Pandemic
Unemployment Compensation'' each place it appears; and
(2) in subsection (g)--
(A) in paragraph (1), by striking ``and'' at the
end;
(B) in paragraph (2), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(3) the purposes of the preceding provisions of this
section, as such provisions apply with respect to payments
under subsection (b)(4), shall be applied with respect to
unemployment benefits described in subsection (i)(2) to the
same extent and in the same manner as if those benefits were
regular compensation.''.
<all> | National Signing Bonus Act of 2021 | A bill to support both workers and recovery by converting expanded Federal unemployment payments into signing bonuses. | National Signing Bonus Act of 2021 | Sen. Sasse, Ben | R | NE |
1,119 | 8,576 | H.R.328 | Taxation | Wall Street Tax Act of 2021
This bill imposes a 0.1% excise tax on certain purchases of stocks, bonds, and derivatives.
The tax applies to the purchase of a security if (1) such purchase occurs on, or is subject to the rules of, a qualified board or exchange located in the United States; or (2) the purchaser or seller is a U.S. person.
The tax applies to transactions with respect to a derivative if (1) the derivative is traded on, or is subject to the rules of, a qualified board or exchange located in the United States; or (2) any party with rights under the derivative is a U.S. person.
The bill exempts from such tax (1) initial issues of securities; and (2) any note, bond, debenture, or other evidence of indebtedness which is traded on or is subject to the rules of, a qualified board or exchange located in the United States, and has a fixed maturity of not more than 100 days.
The tax applies to transactions by a controlled foreign corporation and must be paid by its U.S. shareholders. | To amend the Internal Revenue Code of 1986 to impose a tax on certain
trading transactions.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Wall Street Tax Act of 2021''.
SEC. 2. TRANSACTION TAX.
(a) In General.--Chapter 36 of the Internal Revenue Code of 1986 is
amended by inserting after subchapter B the following new subchapter:
``Subchapter C--Tax on Trading Transactions
``Sec. 4475. Tax on trading transactions.
``Sec. 4476. Derivative defined.
``SEC. 4475. TAX ON TRADING TRANSACTIONS.
``(a) Imposition of Tax.--There is hereby imposed a tax on each
covered transaction with respect to any security.
``(b) Rate of Tax.--The tax imposed under subsection (a) with
respect to any covered transaction shall be 0.1 percent of the
specified base amount with respect to such covered transaction.
``(c) Specified Base Amount.--For purposes of this section, the
term `specified base amount' means--
``(1) except as provided in paragraph (2), the fair market
value of a security (determined as of the time of the covered
transaction), and
``(2) in the case of any payment with respect to a
derivative, the amount of such payment.
``(d) Covered Transaction.--For purposes of this section--
``(1) In general.--The term `covered transaction' means--
``(A) except as provided in subparagraph (B), any
purchase if--
``(i) such purchase occurs on, or is
subject to the rules of, a qualified board or
exchange located in the United States, or
``(ii) the purchaser or seller is a United
States person, and
``(B) any transaction with respect to a derivative
if--
``(i) such derivative is traded on, or is
subject to the rules of, a qualified board or
exchange located in the United States, or
``(ii) any party with rights under such
derivative is a United States person.
``(2) Exception for initial issues.--No tax shall be
imposed under subsection (a) on any covered transaction with
respect to the initial issuance of any security described in
subparagraph (A), (B), or (C) of subsection (e)(1).
``(e) Definitions and Special Rules.--For purposes of this
section--
``(1) Security.--For purposes of this section, the term
`security' means--
``(A) any share of stock in a corporation,
``(B) any partnership or beneficial ownership
interest in a partnership or trust,
``(C) except as provided in paragraph (2), any
note, bond, debenture, or other evidence of
indebtedness, and
``(D) any derivative (as defined in section 4476).
``(2) Exception for certain traded short-term
indebtedness.--A note, bond, debenture, or other evidence of
indebtedness which--
``(A) is traded on, or is subject to the rules of,
a qualified board or exchange located in the United
States, and
``(B) has a fixed maturity of not more than 100
days,
shall not be treated as described in paragraph (1)(C).
``(3) Qualified board or exchange.--The term `qualified
board or exchange' has the meaning given such term by section
1256(g)(7).
``(f) By Whom Paid.--
``(1) In general.--The tax imposed by this section shall be
paid by--
``(A) in the case of a transaction which occurs on,
or is subject to the rules of, a qualified board or
exchange located in the United States, such qualified
board or exchange, and
``(B) in the case of a purchase not described in
subparagraph (A) which is executed by a broker (as
defined in section 6045(c)(1)) which is a United States
person, such broker.
``(2) Special rules for direct, etc., transactions.--In the
case of any transaction to which paragraph (1) does not apply,
the tax imposed by this section shall be paid by--
``(A) in the case of a transaction described in
subsection (d)(1)(A)--
``(i) the purchaser if the purchaser is a
United States person, and
``(ii) the seller if the purchaser is not a
United States person, and
``(B) in the case of a transaction described in
subsection (d)(1)(B)--
``(i) the payor if the payor is a United
States person, and
``(ii) the payee if the payor is not a
United States person.
``(g) Treatment of Exchanges and Payments With Respect to
Derivatives.--For purposes of this section--
``(1) Treatment of exchanges.--
``(A) In general.--An exchange shall be treated as
the sale of the property transferred and a purchase of
the property received by each party to the exchange.
``(B) Certain deemed exchanges.--In the case of a
distribution treated as an exchange for stock under
section 302 or 331, the corporation making such
distribution shall be treated as having purchased such
stock for purposes of this section.
``(2) Payments with respect to derivatives treated as
separate transactions.--Except as otherwise provided by the
Secretary, any payment with respect to any derivative shall be
treated as a separate transaction for purposes of this section.
``(h) Application to Transactions by Controlled Foreign
Corporations.--
``(1) In general.--For purposes of this section, a
controlled foreign corporation shall be treated as a United
States person.
``(2) Special rules for payment of tax on direct, etc.,
transactions.--In the case of any transaction which is a
covered transaction solely by reason of paragraph (1) and which
is not described in subsection (f)(1)--
``(A) Payment by united states shareholders.--Any
tax which would (but for this paragraph) be payable
under subsection (f)(2) by the controlled foreign
corporation shall, in lieu thereof, be paid by the
United States shareholders of such controlled foreign
corporation as provided in subparagraph (B).
``(B) Pro rata shares.--Each such United States
shareholder shall pay the same proportion of such tax
as--
``(i) the stock which such United States
shareholder owns (within the meaning of section
958(a)) in such controlled foreign corporation,
bears to
``(ii) the stock so owned by all United
States shareholders in such controlled foreign
corporation.
``(C) Definitions.--For purposes of this
subsection, the terms `United States shareholder' and
`controlled foreign corporation' have the meanings
given such terms in sections 951(b) and 957(a),
respectively.
``(i) Administration.--The Secretary shall carry out this section
in consultation with the Securities and Exchange Commission and the
Commodity Futures Trading Commission.
``(j) Guidance; Regulations.--The Secretary shall--
``(1) provide guidance regarding such information reporting
concerning covered transactions as the Secretary deems
appropriate, and
``(2) prescribe such regulations as are necessary or
appropriate to prevent avoidance of the purposes of this
section, including the use of non-United States persons in such
transactions.
``SEC. 4476. DERIVATIVE DEFINED.
``(a) In General.--For purposes of this subchapter, except as
otherwise provided in this section, the term `derivative' means any
contract (including any option, forward contract, futures contract,
short position, swap, or similar contract) the value of which, or any
payment or other transfer with respect to which, is (directly or
indirectly) determined by reference to one or more of the following:
``(1) Any share of stock in a corporation.
``(2) Any partnership or beneficial ownership interest in a
partnership or trust.
``(3) Any evidence of indebtedness.
``(4) Except as provided in subsection (b)(1), any real
property.
``(5) Any commodity which is actively traded (within the
meaning of section 1092(d)(1)).
``(6) Any currency.
``(7) Any rate, price, amount, index, formula, or
algorithm.
``(8) Any other item as the Secretary may prescribe.
Except as provided in regulations prescribed by the Secretary to
prevent the avoidance of the purposes of this subchapter, such term
shall not include any item described in paragraphs (1) through (8).
``(b) Exceptions.--
``(1) Certain real property.--
``(A) In general.--For purposes of this subchapter,
the term `derivative' shall not include any contract
with respect to interests in real property (as defined
in section 856(c)(5)(C)) if such contract requires
physical delivery of such real property.
``(B) Options to settle in cash.--
``(i) In general.--For purposes of
subparagraph (A), a contract which provides for
an option of cash settlement shall not be
treated as requiring physical delivery of real
property unless the option is--
``(I) not exercisable
unconditionally, and
``(II) exercisable only in unusual
and exceptional circumstances.
``(ii) Option of cash settlement.--For
purposes of clause (i), a contract provides an
option of cash settlement if the contract
settles in (or could be settled in) cash or
property other than the underlying real
property.
``(2) Securities lending, sale-repurchase, and similar
financing transactions.--To the extent provided by the
Secretary, for purposes of this subchapter, the term
`derivative' shall not include the right to the return of the
same or substantially identical securities transferred in a
securities lending transaction, sale-repurchase transaction, or
similar financing transaction.
``(3) Options received in connection with the performance
of services.--For purposes of this subchapter, the term
`derivative' shall not include any option described in section
83(e)(3) received in connection with the performance of
services.
``(4) Insurance contracts, annuities, and endowments.--For
purposes of this subchapter, the term `derivative' shall not
include any insurance, annuity, or endowment contract issued by
an insurance company to which subchapter L applies (or issued
by any foreign corporation to which such subchapter would apply
if such foreign corporation were a domestic corporation).
``(5) Derivatives with respect to stock of members of same
worldwide affiliated group.--For purposes of this subchapter,
the term `derivative' shall not include any derivative
(determined without regard to this paragraph) with respect to
stock issued by any member of the same worldwide affiliated
group (as defined in section 864(f)) in which the taxpayer is a
member.
``(6) Commodities used in normal course of trade or
business.--For purposes of this subchapter, the term
`derivative' shall not include any contract with respect to any
commodity if--
``(A) such contract requires physical delivery with
the option of cash settlement only in unusual and
exceptional circumstances, and
``(B) such commodity is used (and is used in
quantities with respect to which such derivative
relates) in the normal course of the taxpayer's trade
or business (or, in the case of an individual, for
personal consumption).
``(c) Contracts With Embedded Derivative Components.--
``(1) In general.--If a contract has derivative and
nonderivative components, then each derivative component shall
be treated as a derivative for purposes of this subchapter. If
the derivative component cannot be separately valued, then the
entire contract shall be treated as a derivative for purposes
of this subchapter.
``(2) Exception for certain embedded derivative components
of debt instruments.--A debt instrument shall not be treated as
having a derivative component merely because--
``(A) such debt instrument is denominated in a
nonfunctional currency (as defined in section
988(c)(1)(C)(ii)), or
``(B) payments with respect to such debt instrument
are determined by reference to the value of a
nonfunctional currency (as so defined).
``(d) Treatment of American Depository Receipts and Similar
Instruments.--Except as otherwise provided by the Secretary, for
purposes of this subchapter, American depository receipts (and similar
instruments) with respect to shares of stock in foreign corporations
shall be treated as shares of stock in such foreign corporations.''.
(b) Information Reporting With Respect to Controlled Foreign
Corporations.--Section 6038(a)(1)(B) of such Code is amended by
inserting ``and transactions which are covered transactions for
purposes of section 4475 by reason of the application of section
4475(h)(1) to such corporation'' before the semicolon at the end.
(c) Conforming Amendment.--The table of subchapters for chapter 36
of such Code is amended by inserting after the item relating to
subchapter B the following new item:
``subchapter c. tax on trading transactions''.
(d) Effective Date.--The amendments made by this section shall
apply to transactions after December 31, 2021.
<all> | Wall Street Tax Act of 2021 | To amend the Internal Revenue Code of 1986 to impose a tax on certain trading transactions. | Wall Street Tax Act of 2021 | Rep. DeFazio, Peter A. | D | OR |
1,120 | 6,427 | H.R.436 | Native Americans | Canyon Village Land Conveyance Act
This bill requires the Department of the Interior to convey up to 6,400 acres of surface estate to Kian Tr'ee Corporation, an Alaska Native village corporation, for the village of Canyon Village. Further, Interior must convey equal acreage of subsurface estate to Doyon Limited, the Alaska Native regional corporation for Canyon Village. | To require the Secretary of the Interior to convey certain interests in
land in the State of Alaska, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Canyon Village Land Conveyance
Act''.
SEC. 2. CANYON VILLAGE.
(a) Conveyance.--Notwithstanding section 2653.3(c) of title 43,
Code of Federal Regulations (or successor regulations), or the
withdrawal made by section 303(2)(A) of the Alaska National Interest
Lands Conservation Act (Public Law 96-487; 94 Stat. 2390), the
Secretary of the Interior (referred to in this section as the
``Secretary'') shall convey to Kian Tr'ee Corporation, for the Native
Village of Canyon Village, the surface estate in the land selected by
the Kian Tr'ee Corporation pursuant to section 14(h)(2) of the Alaska
Native Claims Settlement Act (43 U.S.C. 1613(h)(2)).
(b) Limitation.--The conveyance under subsection (a) shall not
exceed 6,400 acres.
(c) Subsurface Estate.--
(1) In general.--Unless Doyon, Limited, elects to receive
conveyance under paragraph (2), the Secretary shall convey to
Doyon, Limited, the subsurface estate in the land conveyed
under subsection (a).
(2) Alternate selection.--At the option of Doyon, Limited,
in lieu of accepting the conveyance under paragraph (1)--
(A) Doyon, Limited, may receive a conveyance from
existing selections on land withdrawn pursuant to
section 11(a)(3) of the Alaska Native Claims Settlement
Act (43 U.S.C. 1610(a)(3)) that is equal in acreage to
the subsurface that would otherwise be conveyed under
paragraph (1);
(B) Doyon, Limited, shall notify the Secretary
(acting through the Alaska State Office of the Bureau
of Land Management) of the preference of Doyon,
Limited, not later than 90 days after the date of
enactment of this Act; and
(C) the Secretary shall convey to Doyon, Limited,
the subsurface estate selected under subparagraph (A).
<all> | Canyon Village Land Conveyance Act | To require the Secretary of the Interior to convey certain interests in land in the State of Alaska, and for other purposes. | Canyon Village Land Conveyance Act | Rep. Young, Don | R | AK |
1,121 | 9,446 | H.R.503 | Finance and Financial Sector | Woman on the Twenty Act of 2021
This bill bars the printing of any $20 note after December 31, 2024, which does not prominently feature a portrait of Harriet Tubman on the front face of the note.
The Department of the Treasury shall release to the public the preliminary design of the $20 note prominently featuring a portrait of Harriet Tubman no later than December 31, 2022. | To require $20 notes to include a portrait of Harriet Tubman, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Woman on the Twenty Act of 2021''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) In 1875, Congress adopted the dollar as the monetary
unit of the United States.
(2) In 1877, the Bureau of Engraving and Printing of the
Department of the Treasury began printing all United States
paper money.
(3) The Federal Reserve Act of 1913 created the Federal
Reserve as the Nation's central bank and provided for a
national banking system. The Board of Governors of the Federal
Reserve System issued new paper money called Federal Reserve
notes.
(4) The Secretary of the Treasury has historically selected
the designs shown on Federal Reserve notes with the advice of
the Bureau of Engraving and Printing.
(5) United States Federal Reserve notes now in production
bear the following portraits:
(A) President George Washington on the $1 bill.
(B) President Thomas Jefferson on the $2 bill.
(C) President Abraham Lincoln on the $5 bill.
(D) Alexander Hamilton on the $10 bill.
(E) President Andrew Jackson on the $20 bill.
(F) President Ulysses S. Grant on the $50 bill.
(G) Benjamin Franklin on the $100 bill.
(6) There are also several denominations of Federal Reserve
notes that are no longer produced. These include the $500 bill
with the portrait of President William McKinley, the $1,000
bill with a portrait of President Grover Cleveland, the $5,000
bill with a portrait of President James Madison, the $10,000
bill with a portrait of Salmon P. Chase, and the $100,000 bill
with a portrait of President Woodrow Wilson.
(7) Since the first general circulation of paper money, no
woman has ever held the honor of being featured on paper money.
(8) In June 2015, then-Treasury Secretary Jack Lew
announced that the portrait of a woman would be featured on the
new $10 bill.
(9) After a lengthy period of public engagement between the
public and the Department of the Treasury, on April 20, 2016,
then-Treasury Secretary Lew announced that ``for the first time
in more than a century, the front of our currency will feature
the portrait of a woman--Harriet Tubman on the $20 note.''
Additionally, the Secretary announced the reverse of the new
$10 note would feature an image of the historic march for
suffrage that ended on the steps of the United States
Department of Treasury, featuring the leaders of the suffrage
movement--Lucretia Mott, Sojourner Truth, Susan B. Anthony,
Elizabeth Cady Stanton, and Alice Paul. Finally, the Secretary
also announced the reverse of the $5 note would feature an
image of historic figures at the Lincoln Memorial who shaped
our history and democracy, including Marian Anderson, Eleanor
Roosevelt, and Martin Luther King, Jr.
SEC. 3. HARRIET TUBMAN ON THE $20 NOTE.
(a) In General.--Section 5114(b) of title 31, United States Code,
is amended by adding at the end the following: ``No $20 note of United
States currency may be printed after December 31, 2024, which does not
prominently feature a portrait of Harriet Tubman on the front face of
the note.''.
(b) Preliminary Design.--The Secretary of the Treasury shall
release to the public the preliminary design of the $20 note
prominently featuring a portrait of Harriet Tubman no later than
December 31, 2022.
<all> | Woman on the Twenty Act of 2021 | To require $20 notes to include a portrait of Harriet Tubman, and for other purposes. | Woman on the Twenty Act of 2021 | Rep. Beatty, Joyce | D | OH |
1,122 | 12,282 | H.R.6992 | International Affairs | Countering Russian Terrorism Act
This bill requires the Department of State to designate Russia as a country where the government has repeatedly provided support for international terrorism. (Generally, such a designation imposes various penalties, such as limiting the country's eligibility for U.S. foreign assistance and arms exports.) | To designate Russia as a state sponsor of terrorism, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Countering Russian Terrorism Act''.
SEC. 2. DESIGNATION AS STATE SPONSOR OF TERRORISM.
Not later than 30 days after the date of the enactment of this Act,
the Secretary of State shall designate Russia as a country the
government of which has repeatedly provided support for international
terrorism pursuant to--
(1) section 1754(c)(1)(A) of the Export Control Reform Act
of 2018 (50 U.S.C. 4318(c)(1)(A));
(2) section 620A of the Foreign Assistance Act of 1961 (22
U.S.C. 2371);
(3) section 40 of the Arms Export Control Act (22 U.S.C.
2780); and
(4) any other applicable provision of law.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that the President should immediately
break off all diplomatic ties with the Russian Federation.
<all> | Countering Russian Terrorism Act | To designate Russia as a state sponsor of terrorism, and for other purposes. | Countering Russian Terrorism Act | Rep. Perry, Scott | R | PA |
1,123 | 10,011 | H.R.5607 | Armed Forces and National Security | Justice for ALS Veterans Act of 2021
This bill extends increased dependency and indemnity compensation to the surviving spouse of a veteran who dies from amyotrophic lateral sclerosis (ALS or Lou Gehrig's disease) regardless of how long the veteran had such disease prior to death. Under current law, such compensation is paid for a service-connected disability that was rated totally disabling for a continuous period of at least eight years immediately preceding death.
For purposes of this bill, a surviving spouse is a person who was married to the veteran for a continuous period of eight years or longer prior to the veteran's death. | To amend title 38, United States Code, to extend increased dependency
and indemnity compensation paid to surviving spouses of veterans who
die from amyotrophic lateral sclerosis, regardless of how long the
veterans had such disease prior to death.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Justice for ALS Veterans Act of
2021''.
SEC. 2. EXTENSION OF INCREASED DEPENDENCY AND INDEMNITY COMPENSATION TO
SURVIVING SPOUSES OF VETERANS WHO DIE FROM AMYOTROPHIC
LATERAL SCLEROSIS.
(a) Extension.--Section 1311(a)(2) of title 38, United States Code,
is amended--
(1) by inserting ``(A)'' before ``The rate''; and
(2) by adding at the end the following new subparagraph:
``(B) A veteran who died from amyotrophic lateral sclerosis shall
be treated as a veteran described in subparagraph (A) without regard
for how long the veteran had such disease prior to death.
``(C) For purposes of the payment of compensation under this
subsection by reason of the death of veteran described in subparagraph
(B), the term `surviving spouse' means a person who was married to the
veteran for a continuous period of eight years or longer prior to the
death of the veteran.''.
(b) Applicability.--Subparagraphs (B) and (C) of section 1311(a)(2)
of title 38, United States Code, as added by subsection (a), shall
apply to a veteran who dies from amyotrophic lateral sclerosis on or
after October 1, 2021.
<all> | Justice for ALS Veterans Act of 2021 | To amend title 38, United States Code, to extend increased dependency and indemnity compensation paid to surviving spouses of veterans who die from amyotrophic lateral sclerosis, regardless of how long the veterans had such disease prior to death. | Justice for ALS Veterans Act of 2021 | Rep. Slotkin, Elissa | D | MI |
1,124 | 9,248 | H.R.7860 | Labor and Employment | Financial Freedom Act of 2022
This bill prohibits the Department of Labor from limiting the type or range of investments that fiduciaries may offer participants and beneficiaries in certain employer-sponsored retirement plans. The bill applies to certain defined contribution plans that permit participants or beneficiaries to exercise control over the assets in the account, such as a 401(k) plan that allows participants or beneficiaries to select additional investment options through a self-directed brokerage window. | To prohibit the Secretary of Labor from constraining the range or type
of investments that may be offered to participants and beneficiaries of
individual retirement accounts who exercise control over the assets in
such accounts.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Financial Freedom Act of 2022''.
SEC. 2. FIDUCIARY DUTIES WITH RESPECT TO PENSION PLAN INVESTMENTS.
Section 404(a) of the Employee Retirement Income Security Act of
1974 (29 U.S.C. 1104(a)) is amended by adding at the end the following:
``(3)(A) In the case of a pension plan that provides for
individual accounts and permits a participant or beneficiary to
exercise control over the assets in the participant's or
beneficiary's account, nothing in paragraph (1)--
``(i) requires a fiduciary to select, or prohibits
a fiduciary from selecting, any particular type of
investment alternative, provided that a fiduciary
provides the participant or beneficiary an opportunity
to choose, from a broad range of investment
alternatives, the manner in which some or all of the
assets of the participant's or beneficiary's account
are invested, according to regulations prescribed by
the Secretary; or
``(ii) requires that any particular type of
investment be either favored or disfavored, other than
on the basis of the investment's risk-return
characteristics, in the context of the plan fiduciary's
objective of providing investment alternatives suitable
for providing benefits for participants and
beneficiaries.
``(B) In the event that a fiduciary selects a self-directed
brokerage window as an investment alternative for a plan
described in subparagraph (A)--
``(i) the Secretary shall not issue any regulations
or subregulatory guidance constraining or prohibiting
the range or type of investments that may be offered
through such brokerage window;
``(ii) subsection (c) shall apply to such self-
directed brokerage window; and
``(iii) the diversification requirement of
paragraph (1)(C) and the prudence requirement of
paragraph (1)(B) are not violated by the fiduciary's
selection of a self-directed brokerage window as an
investment alternative or as a result of the exercise
of a participant or beneficiary's control over the
assets in such self-directed brokerage window.''.
<all> | Financial Freedom Act of 2022 | To prohibit the Secretary of Labor from constraining the range or type of investments that may be offered to participants and beneficiaries of individual retirement accounts who exercise control over the assets in such accounts. | Financial Freedom Act of 2022 | Rep. Donalds, Byron | R | FL |
1,125 | 11,946 | H.R.1670 | International Affairs | Abortion is Health Care Everywhere Act of 2021
This bill authorizes the use of certain foreign assistance funds to provide comprehensive reproductive health care services in developing countries, including abortion services, training, and equipment. | To amend the Foreign Assistance Act of 1961 to authorize the use of
funds for comprehensive reproductive health care services, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Abortion is Health Care Everywhere
Act of 2021''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Abortion is a critical component of sexual and
reproductive health care and should be accessible and
affordable for all people.
(2) All people have the right to make their own choices
about their sexual and reproductive health, and to access
quality and affordable sexual and reproductive health care.
International agreements have recognized reproductive rights
for over 25 years, and the 2015 Sustainable Development Goals
reiterated the centrality of reproductive rights to gender
equality.
(3) Studies have repeatedly demonstrated that when people,
including young women and adolescent girls, gender non-
conforming individuals, and transgender men, are able to
control their reproductive lives, there are enormous social and
economic benefits--not just for the individual and their
family, but for entire communities. Countries that prioritize
reproductive health, rights, and justice and human rights are
more likely to have better overall health throughout.
(4) Health system cost is reduced when abortion is widely
available and integrated with other types of health care.
(5) Without access to safe abortion care, people risk their
lives to end their pregnancies. At least 24,100 people in low-
and middle-income countries die every year from complications
from unsafe abortion.
(6) Ninety-seven percent of unsafe abortions occur in
developing countries in Africa, Asia, and Latin America. In
low- and middle-income countries, the annual cost of post-
abortion care for all who need it would be $4 billion. The
majority of this cost is attributed to treating complications
from abortions provided in unsafe conditions.
(7) Restricting abortion does not reduce either the need
for or number of abortions. Abortion rates are similar in
countries where it is highly restricted by law and where it is
broadly legal.
(8) When abortions are performed in accordance with World
Health Organization (WHO) guidelines and standards, there is
minimal risk of severe complications or death.
(9) As part of their commitment to prevent unsafe abortions
and preventable deaths and ensure all people have access to
comprehensive sexual and reproductive health care and can
exercise their right to full control over their sexuality and
reproduction, developing countries and donor governments must
work collaboratively to deploy funding, align policies, and
mobilize expertise to make safe abortion services available to
those seeking to terminate pregnancies.
(10) United States law restricting United States foreign
assistance funding from being used to provide safe abortion
services has the effect of harming people who seek to terminate
their pregnancies in several ways, including by blocking access
to services and erecting barriers to providers obtaining the
training and equipment needed to deliver care to those in need.
(11) Since section 104(f)(1) of the Foreign Assistance Act
of 1961 (22 U.S.C. 2151b(f)(1)) (commonly referred to as the
``Helms amendment'') was enacted in 1973, dozens of governments
across the globe have liberalized abortion laws and policies.
(12) In countries where the United States supports family
planning and reproductive health care and in which abortion is
legal on at least some grounds, support for safe abortion could
avert over 19 million unsafe abortions and 17,000 maternal
deaths each year.
SEC. 3. STATEMENT OF POLICY.
The following shall be the policy of the United States Government:
(1) Safe abortion is a critical component of comprehensive
maternal and reproductive health care and should be included as
part of foreign assistance programs funded by the United States
Government.
(2) Safe abortion is to be made widely available and
integrated with other types of health care.
(3) The United States Government should work to end unsafe
abortion and promote safe abortion services by providing
funding and collaborating with affected governments and service
providers to provide training, commodities and equipment, and
access to safe abortion services.
SEC. 4. USE OF FUNDS FOR COMPREHENSIVE REPRODUCTIVE HEALTH CARE
SERVICES.
Section 104 of the Foreign Assistance Act of 1961 (22 U.S.C. 2151b)
is amended--
(1) in subsection (f)--
(A) by striking paragraph (1); and
(B) by redesignating paragraphs (2) and (3) as
paragraphs (1) and (2), respectively;
(2) by redesignating subsection (g) as subsection (h); and
(3) by inserting after subsection (f), as amended, the
following:
``(g) Use of Funds for Comprehensive Reproductive Health Care
Services.--Notwithstanding any other provision of law, funds made
available to carry out this part may be used to provide comprehensive
reproductive health care services, including abortion services,
training, and equipment.''.
<all> | Abortion is Health Care Everywhere Act of 2021 | To amend the Foreign Assistance Act of 1961 to authorize the use of funds for comprehensive reproductive health care services, and for other purposes. | Abortion is Health Care Everywhere Act of 2021 | Rep. Schakowsky, Janice D. | D | IL |
1,126 | 1,212 | S.3223 | Health | Access to Birth Control Act
This bill requires pharmacies to comply with certain rules related to ensuring access to contraceptives.
Specifically, pharmacies must provide without delay a customer with any contraceptive or related medication that is in stock. If the contraceptive is not in stock, the pharmacy must immediately inform the customer and either order the contraceptive or refer the customer to a pharmacy that has it in stock. Laws in some states provide pharmacists with the right to refuse to dispense contraceptive-related drugs on religious or conscience grounds.
Pharmacies may refuse to provide a contraceptive to a customer (1) if the customer lacks a valid prescription for a prescription contraceptive or is unable to pay for the contraceptive, or (2) based on a pharmacy employee's professional clinical judgment.
The bill also establishes a private cause of action and civil monetary penalties for violations of the bill. | To establish certain duties for pharmacies to ensure provision of Food
and Drug Administration-approved contraception, medication related to
contraception, and for other purposes.
Be it enacted by the Senate 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 Birth Control Act''.
SEC. 2. FINDINGS.
Congress finds as follows:
(1) Family planning is basic health care. Access to
contraception helps prevent unintended pregnancy and control
the timing and spacing of planned births.
(2) As a result of the enactment of the Patient Protection
and Affordable Care Act (Public Law 111-148), approximately
64,300,000 women had coverage of the full range of Food and
Drug Administration-approved contraceptive methods without cost
sharing in 2020.
(3) The Patient Protection and Affordable Care Act saved
women $1,400,000,000 on birth control pills alone in 2013.
(4) According to the Centers for Disease Control and
Prevention, nearly \2/3\ of women between the ages of 15 and 49
are currently using a contraceptive method.
(5) Although the Centers for Disease Control and Prevention
included family planning in its published list of the Ten Great
Public Health Achievements in the 20th Century, the United
States still has one of the highest rates of unintended
pregnancies among industrialized nations.
(6) Each year, approximately 2,800,000 pregnancies, nearly
half of all pregnancies, in the United States are unintended.
(7) Access to birth control helps people achieve their
goals of whether, and when, to get pregnant. However, studies
show that when people are unable to access contraceptive care
that fits their lives, they are more likely to face unintended
pregnancies.
(8) Contraceptives are used for a range of medical purposes
in addition to preventing pregnancy, such as treating abnormal
cycles and endometriosis.
(9) The Food and Drug Administration has approved multiple
emergency contraceptive methods as safe and effective in
preventing unintended pregnancy and has approved over-the-
counter access to some forms of emergency contraception for all
individuals, regardless of age. If taken soon after unprotected
sex or primary contraceptive failure, emergency contraception
can significantly reduce a person's chance of unintended
pregnancy.
(10) Legal contraception is a protected fundamental right
in the United States and should not be impeded by one
individual's personal beliefs.
(11) Reports of pharmacists refusing to fill prescriptions
for contraceptives, including emergency contraceptives, or
provide emergency contraception over-the-counter have surfaced
in States across the Nation, including Alabama, Arizona,
California, the District of Columbia, Georgia, Illinois,
Louisiana, Massachusetts, Michigan, Minnesota, Missouri,
Montana, New Hampshire, New Mexico, New York, North Carolina,
Ohio, Oklahoma, Oregon, Rhode Island, Tennessee, Texas,
Washington, West Virginia, and Wisconsin.
(12) One-third of women have experienced a delay in
accessing their contraception because of the ongoing
coronavirus pandemic. The Centers for Disease Control and
Prevention recognizes the importance of access to
contraception, particularly during the pandemic.
(13) Pregnant people have a much higher risk of dying once
infected with COVID-19, which highlights the importance of
people being able to make and exercise decisions about whether
and when to become pregnant.
SEC. 3. DUTIES OF PHARMACIES TO ENSURE PROVISION OF FDA-APPROVED
CONTRACEPTION AND MEDICATION RELATED TO CONTRACEPTION.
Part B of title II of the Public Health Service Act (42 U.S.C. 238
et seq.) is amended by adding at the end the following:
``SEC. 249. DUTIES OF PHARMACIES TO ENSURE PROVISION OF FDA-APPROVED
CONTRACEPTION AND MEDICATION RELATED TO CONTRACEPTION.
``(a) In General.--Subject to subsection (c), a pharmacy that
receives Food and Drug Administration-approved drugs or devices in
interstate commerce shall maintain compliance with the following:
``(1) If a customer requests a contraceptive or a
medication related to a contraceptive that is in stock, the
pharmacy shall ensure that the contraceptive or the medication
related to a contraceptive is provided to the customer without
delay.
``(2) If a customer requests a contraceptive or a
medication related to a contraceptive that is not in stock and
the pharmacy in the normal course of business stocks
contraception or the medication related to contraception, the
pharmacy shall immediately inform the customer that the
contraceptive or the medication related to a contraceptive is
not in stock and without delay offer the customer the following
options:
``(A) If the customer prefers to obtain the
contraceptive or the medication related to a
contraceptive through a referral or transfer, the
pharmacy shall--
``(i) locate a pharmacy of the customer's
choice or the closest pharmacy confirmed to
have the contraceptive or the medication
related to a contraceptive in stock; and
``(ii) refer the customer or transfer the
prescription to that pharmacy.
``(B) If the customer prefers for the pharmacy to
order the contraceptive or the medication related to a
contraceptive, the pharmacy shall obtain the
contraceptive or the medication related to a
contraceptive under the pharmacy's standard procedure
for expedited ordering of medication and notify the
customer when the contraceptive or the medication
related to a contraceptive arrives.
``(3) The pharmacy shall ensure that--
``(A) it does not operate an environment in which
customers are intimidated, threatened, or harassed in
the delivery of services relating to a request for
contraception or a medication related to contraception;
``(B) its employees do not interfere with or
obstruct the delivery of services relating to a request
for contraception or a medication related to
contraception;
``(C) its employees do not intentionally
misrepresent or deceive customers about the
availability of contraception or a medication related
to contraception or its mechanism of action;
``(D) its employees do not breach medical
confidentiality with respect to a request for a
contraception or a medication related to contraception
or threaten to breach such confidentiality; or
``(E) its employees do not refuse to return a
valid, lawful prescription for a contraception or a
medication related to contraception upon customer
request.
``(b) Contraceptives or Medication Related to a Contraceptive Not
Ordinarily Stocked.--Nothing in subsection (a)(2) shall be construed to
require any pharmacy to comply with such subsection if the pharmacy
does not ordinarily stock contraceptives or medication related to a
contraceptive in the normal course of business.
``(c) Refusals Pursuant to Standard Pharmacy Practice.--This
section does not prohibit a pharmacy from refusing to provide a
contraceptive or a medication related to a contraceptive to a customer
in accordance with any of the following:
``(1) If it is unlawful to dispense the contraceptive or
the medication related to a contraceptive to the customer
without a valid, lawful prescription and no such prescription
is presented.
``(2) If the customer is unable to pay for the
contraceptive or the medication related to a contraceptive.
``(3) If the employee of the pharmacy refuses to provide
the contraceptive or the medication related to a contraceptive
on the basis of a professional clinical judgment.
``(d) Relation to Other Laws.--
``(1) Rule of construction.--Nothing in this section shall
be construed to invalidate or limit rights, remedies,
procedures, or legal standards under title VII of the Civil
Rights Act of 1964.
``(2) Certain claims.--The Religious Freedom Restoration
Act of 1993 (42 U.S.C. 2000bb et seq.) shall not provide a
claim concerning, or a defense to a claim under, a covered
title, or provide a basis for challenging the application or
enforcement of a covered title.
``(e) Preemption.--This section does not preempt any provision of
State law or any professional obligation made applicable by a State
board or other entity responsible for licensing or discipline of
pharmacies or pharmacists, to the extent that such State law or
professional obligation provides protections for customers that are
greater than the protections provided by this section.
``(f) Enforcement.--
``(1) Civil penalty.--A pharmacy that violates a
requirement of subsection (a) is liable to the United States
for a civil penalty in an amount not exceeding $1,000 per day
of violation, not to exceed $100,000 for all violations
adjudicated in a single proceeding.
``(2) Private cause of action.--Any person aggrieved as a
result of a violation of a requirement of subsection (a) may,
in any court of competent jurisdiction, commence a civil action
against the pharmacy involved to obtain appropriate relief,
including actual and punitive damages, injunctive relief, and a
reasonable attorney's fee and cost.
``(3) Limitations.--A civil action under paragraph (1) or
(2) may not be commenced against a pharmacy after the
expiration of the 5-year period beginning on the date on which
the pharmacy allegedly engaged in the violation involved.
``(g) Definitions.--In this section:
``(1) The term `contraception' or `contraceptive' means any
drug or device approved by the Food and Drug Administration to
prevent pregnancy.
``(2) The term `employee' means a person hired, by contract
or any other form of an agreement, by a pharmacy.
``(3) The term `medication related to contraception' or
`medication related to a contraceptive' means any drug or
device approved by the Food and Drug Administration that a
medical professional determines necessary to use before or in
conjunction with contraception or a contraceptive.
``(4) The term `pharmacy' means an entity that--
``(A) is authorized by a State to engage in the
business of selling prescription drugs at retail; and
``(B) employs one or more employees.
``(5) The term `product' means a Food and Drug
Administration-approved drug or device.
``(6) The term `professional clinical judgment' means the
use of professional knowledge and skills to form a clinical
judgment, in accordance with prevailing medical standards.
``(7) The term `without delay', with respect to a pharmacy
providing, providing a referral for, or ordering contraception
or a medication related to contraception, or transferring the
prescription for contraception or a medication related to
contraception, means within the usual and customary timeframe
at the pharmacy for providing, providing a referral for, or
ordering other products, or transferring the prescription for
other products, respectively.
``(h) Effective Date.--This section shall take effect on the 31st
day after the date of the enactment of this section, without regard to
whether the Secretary has issued any guidance or final rule regarding
this section.''.
<all> | Access to Birth Control Act | A bill to establish certain duties for pharmacies to ensure provision of Food and Drug Administration-approved contraception, medication related to contraception, and for other purposes. | Access to Birth Control Act | Sen. Booker, Cory A. | D | NJ |
1,127 | 6,821 | H.R.4196 | Health | Restore the Rights of Property Owners under the Eviction Moratorium Issued by the CDC Act of 2021
This bill nullifies beginning on July 1, 2021, the emergency order (and any extensions of the order) issued by the Centers for Disease Control and Prevention on September 4, 2020, that restricted residential evictions during the COVID-19 emergency. It also prohibits the order from being reissued unless specifically authorized by law. | To nullify the order issued by the Centers for Disease Control and
Prevention titled ``Temporary Halt in Residential Evictions To Prevent
the Further Spread of COVID-19''.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Restore the Rights of Property
Owners under the Eviction Moratorium Issued by the CDC Act of 2021''.
SEC. 2. NULLIFICATION OF ORDER HALTING RESIDENTIAL EVICTIONS.
(a) In General.--Effective beginning on July 1, 2021, the order
issued by the Centers for Disease Control and Prevention under section
361 of the Public Health Service Act (42 U.S.C. 264), entitled
``Temporary Halt in Residential Evictions To Prevent the Further Spread
of COVID-19'' (85 Fed. Reg. 55292 (September 4, 2020)), including the
extension of such order issued on March 31, 2021 (86 Fed. Reg. 16731),
and any other extensions thereto, shall have no force or effect.
(b) No Reissued or New Order.--The order nullified by subsection
(a) may not be reissued in substantially the same form, and a new order
that is substantially the same as such order may not be issued, unless
the reissued or new order is specifically authorized by a law enacted
after the date of enactment of this Act.
<all> | Restore the Rights of Property Owners under the Eviction Moratorium Issued by the CDC Act of 2021 | To nullify the order issued by the Centers for Disease Control and Prevention titled "Temporary Halt in Residential Evictions To Prevent the Further Spread of COVID-19". | Restore the Rights of Property Owners under the Eviction Moratorium Issued by the CDC Act of 2021 | Rep. Duncan, Jeff | R | SC |
1,128 | 7,738 | H.R.3848 | Commerce | Critical Supply Chains Commission Act
This bill establishes a National Commission on Critical Supply Chains to identify and investigate the dependencies, limitations, and risks associated with critical supply chains.
The commission may hold hearings as appropriate and obtain relevant information directly from federal, state, and local governmental bodies as needed.
The commission must annually report its findings, conclusions, and recommendations for actions to mitigate the risks of future American supply chain disruptions. | To establish the National Commission on Critical Supply Chains, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Critical Supply Chains Commission
Act''.
SEC. 2. FINDINGS; SENSE OF CONGRESS.
(a) Findings.--Congress finds the following:
(1) Many Americans were shocked to find that the United
States was unable to find or produce enough face masks,
ventilators, hand sanitizer, testing kits, hospital beds,
sedatives, and other medical necessities in response to the
COVID-19 crisis due to limitations in the manufacturing supply
chain and our dependence on foreign suppliers.
(2) Shortages of medical supplies and equipment are just
one example of the risks we face due to the United States'
reliance on other countries for making many of our critical
products. The United States also relies on other countries
for--
(A) technologies involved with renewable energies
and car battery manufacturing;
(B) rare earth materials that are essential to many
high-technology products, including cell phones,
satellites, and computers;
(C) fabricating the most precise integrated
circuits and microchips that are needed for complex
electronics used in weapon systems, space systems,
automobiles, and a variety of consumer products;
(D) production of advanced machine tools and
production equipment that U.S. factories need to
manufacture their products;
(E) delivery of precision scientific equipment
needed to produce breakthroughs in nanotechnology,
medicine, and future batteries for electric vehicles;
(F) manufacturing of clothing and other textiles;
(G) production and distribution of food and
agricultural goods; and
(H) other critical products where substantial harm
would come to U.S. economic security, national defense,
or way of life if the supply chains were compromised or
no longer available.
(3) The American supply chain is the foundation of our
Nation's economic competitiveness and is the delivery system
that moves products to consumers in every State across the
Nation.
(4) While U.S. manufacturers and domestic suppliers have
substantial resources, some domestic capabilities and expertise
have eroded due to reliance on the global supply chain.
(5) Dependable and high-quality suppliers are crucial
assets to any manufacturing company since manufacturers must
get the right products to the right place at the right time to
be most successful.
(6) A secure and stable American supply chain is a
necessary component of a prosperous manufacturing sector that
contributes two trillion dollars annually to the U.S. economy.
(7) United States manufacturers are a major source of high
quality employment in the U.S. at roughly 9 percent of the
workforce.
(8) United States manufacturers are a major driver of
innovation, responsible for more than two-thirds of private
sector research and development, receiving more than 90 percent
of new patents.
(9) United States manufacturers are essential to ensuring
our national defense and homeland security, as they provide the
tools, equipment, systems, and protective gear for our military
and first responders.
(10) Manufacturers must consider supply chain risks and
potential disruptions in their business decisions, though many
times supplier selection is driven by fixed production costs
and other primary factors.
(11) A more robust and resilient American supply chain is
integral to the health and well-being of our economy and of
businesses across every State, and improvements in the supply
chain will drive affordability, sustainability, and
availability of products for our Nation.
(b) Sense of Congress.--It is the sense of Congress that--
(1) a national commission on critical supply chains will
benefit the United States in several important ways;
(2) such a commission will provide expert knowledge,
guidance, and recommendations to Congress on the complex and
strategically important issues related to bolstering American
supply chains, which will help Congress find common ground to
advance supply chain policies and approaches that benefit our
Nation both today and far into the future;
(3) such a commission will provide recommendations to fix
the shortcomings exposed in our existing national manufacturing
strategy, so that we are prepared for the next crisis--whether
it is due to a pandemic, a war, natural disaster, or something
else--and that these strategic directions will catalyze a much-
needed update to our national manufacturing strategy for
revitalizing the U.S. manufacturing sector and increasing our
economic growth;
(4) such a commission will establish the basis for
strengthening the security of, and adding resiliency to, an
eroded American supply chain system, so that U.S. economic
security, national defense, and way of life are not harmed when
natural disasters or other events disrupt the supply of
critical ingredients, components, or products from a specific
source or region;
(5) such a commission will trigger new domestic
manufacturing jobs as a result of the growth and increased
robustness in the domestic supply chain and the manufacturing
sector, and such domestic sourcing will also improve the
security of intellectual property, reduce environmental impact
and transportation costs due to fewer parts traveling overseas,
and encourage economic clusters for supporting operations to be
located near manufacturing facilities; and
(6) such a commission will improve the Nation's national
defense and homeland security by reducing vulnerabilities and
risks due to excessive reliance on foreign sources of critical
materials or components.
SEC. 3. NATIONAL COMMISSION ON CRITICAL SUPPLY CHAINS.
(a) Establishment.--Congress shall establish a National Commission
on Critical Supply Chains (referred to in this section as the
``Commission'').
(b) Purposes.--The purposes of the Commission shall be to--
(1) convene an independent entity that brings together
national experts in a highly visible forum to conduct a
systematic study and give guidance to Congress on the complex
and strategically important issues related to rebuilding
critical American supply chains;
(2) identify the critical supply chains in which the United
States is dependent on materials, products, equipment, or
services from foreign countries and in which substantial harm
would come to U.S. economic security, national defense, or way
of life if those supply chains were compromised or no longer
available;
(3) investigate in depth and report on existing
dependencies, limitations, and risks to the United States for
each of these critical supply chains, including considerations
for medical supplies, equipment, and medications; rare earth
materials; precision-integrated circuits and microchips;
machine tools and production equipment; defense components and
homeland security capabilities; scientific equipment needed for
advanced technology research and development; clothing and
textiles; and food and agricultural products;
(4) assess and provide guidance on key questions,
including--
(A) which driving forces are pushing U.S. companies
to offshore their procurement or their manufacturing
operations;
(B) how the United States can predict and prevent
future supply chain disruptions;
(C) what the United States can do to reduce future
vulnerabilities and risks;
(D) whether the United States can make the American
supply chain resilient enough to protect necessary
capabilities and resources;
(E) which manufacturing activities should be
performed strictly within the United States to ensure
economic and national security;
(F) what actions should be taken by the United
States to increase domestic manufacturing to meet
critical supply chain needs and improve its terms of
trade; and
(G) what would be the effects of a new national
manufacturing strategy on employment, growth,
innovation, and national security; and
(5) develop and propose specific recommendations, submit a
biannual comprehensive report (and intermediate updates as
necessary to maintain timely and relevant information), and
provide Congressional oversight to Congress to be used as a
resource for legislative actions to mitigate the risks of
future American supply chain disruptions.
(c) Membership.--
(1) Members.--The Commission shall be composed of 12
members, of whom--
(A) three members shall be appointed by the Speaker
of the House of Representatives, in consultation with
the chairpersons of relevant committees, including the
Committee on Ways and Means, Committee on Energy and
Commerce, Committee on Science, Space, and Technology,
Committee on Transportation and Infrastructure,
Committee on Armed Services, Committee on Natural
Resources, Committee on Small Business, Committee on
Homeland Security, and Committee on Agriculture of the
House of Representatives;
(B) three members shall be appointed by the
minority leader of the House of Representatives, in
consultation with the ranking minority Members of
relevant committees, including the Committees described
in subparagraph (A);
(C) three members shall be appointed by the
President pro tempore of the Senate upon the
recommendation of the majority leader of the Senate, in
consultation with the chairpersons of relevant
committees, including the Committee on Finance,
Committee on Commerce, Science, and Technology,
Committee on Armed Services, Committee on Energy and
Natural Resources, Committee on Small Business and
Entrepreneurship, Committee on Homeland Security and
Governmental Affairs, Committee on Environment and
Public Works, and Committee on Agriculture, Nutrition,
and Forestry of the Senate; and
(D) three members shall be appointed by the
President pro tempore of the Senate upon the
recommendation of the minority leader of the Senate, in
consultation with the ranking minority Members of
relevant committees, including the Committees described
in subparagraph (C).
(2) Chair; vice chair.--
(A) Appointment.--Not later than 30 days after the
initial meeting of the Commission, the Commission shall
elect a Chair and Vice Chair from among the
Commission's members by a simple majority vote, and
such Chair and Vice Chair shall be members of the
Commission who were appointed by appointing authorities
from different political parties under paragraph (1).
(B) Presence.--For purposes of appointing the
Chair, all 12 members must be present. If all 12
members are not present, appointment of the chair shall
be delayed until the next meeting of the Commission at
which all 12 members are present.
(C) Timing.--If a quorum is not present at that
initial meeting, the Chair shall be appointed at the
first meeting after that at which a quorum is present.
If a Vice Chair is elected before the Chair and no
Chair is elected, the Vice Chair shall serve as acting
Chair until the Chair is elected.
(D) New chair and vice chair each congress.--A new
Chair and Vice Chair shall be elected with respect to
each Congress. Any member that was a Chair or Vice
Chair in a Congress may not be elected to be a Chair or
Vice Chair in a subsequent Congress.
(3) Qualifications.--
(A) Areas of expertise.--
(i) In general.--Each individual appointed
to the Commission shall have substantial
expertise in one or more of the following
areas:
(I) Supply chain expertise,
including the following:
(aa) Advanced
manufacturing, with a focus on
distributed operations and
supply chain management.
(bb) Economics of U.S.
manufacturing.
(cc) Supply chain
logistics.
(dd) Supplier certification
and quality assurance
processes.
(ee) Raw materials sourcing
and distribution.
(ff) Metrics used by
Original Equipment Manufacturer
purchasing managers and chief
financial officers to make
purchasing decisions.
(II) Critical domain expertise,
including the following:
(aa) Health care, medical
device, and pharmaceutical
manufacturing.
(bb) Mining, supply, and
usage of rare earth materials.
(cc) Precision-integrated
circuits, microchips, and
semiconductor manufacturing.
(dd) Defense component
manufacturing and homeland
security products.
(ee) Advanced machine tools
and production equipment.
(ff) Scientific equipment
for high-precision research and
development.
(gg) Clothing and textiles
manufacturing.
(hh) Food production and
agricultural products
manufacturing.
(III) Industrial policy expertise,
including knowledge of industrial
organization, development economics,
and policy tools that have been used by
the United States and other developing
or industrial economies in the world.
(ii) Composition.--The composition of the
members of the Commission shall ensure the
Commission has substantial expertise in all
areas described in clause (i).
(B) Nongovernment appointees.--An individual
appointed to the Commission may not be an officer or
employee of the Federal Government.
(4) Appointment requirements.--
(A) Initial appointments.--Members of the
Commission shall be appointed not later than 45 days
after the date of the enactment of this Act.
(B) Term of appointments.--The term of each member
of the Commission shall expire on December 31 of the
second session of the Congress in which the member is
appointed to the Commission.
(C) Appointments with each congress.--Appointments
to the Commission made after the initial appointments
to the Commission under subparagraph (A) shall be made
not later than 30 days after the date on which each
Congress convenes.
(D) Renewal of appointments.--A member of the
Commission may be reappointed for additional terms of
service upon mutual agreement between such member and
the appointing authority that appointed such member to
the Commission.
(E) Vacancies.--A vacancy in the Commission shall
not affect the powers of the Commission and shall be
filled by the same appointing authority that made the
original appointment. Any member appointed to fill a
vacancy occurring before the expiration of the term for
which the member's predecessor was appointed shall be
appointed only for the remainder of that term. A member
may serve after the expiration of that member's term
until a successor has taken office. A vacancy in the
Commission shall be filled in the manner in which the
original appointment was made by not later than 30 days
after the date such vacancy occurs.
(F) Removal.--A member of the Commission may be
removed from the Commission at any time by the
appointing authority that appointed such member to the
Commission should the member fail to meet Commission
responsibilities.
(5) Compensation; travel expenses.--Each member of the
Commission may be compensated at a rate 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
the member is engaged in the actual performance of the duties
of the Commission. Travel expenses of members of the Commission
shall be allowed at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, except that foreign travel for official purposes by
members of the Commission is not authorized.
(d) Meeting Requirements.--
(1) Initial meeting.--The Commission shall convene for an
initial meeting not later than 45 days after the initial
members of the Commission are all appointed. An initial meeting
may be convened so long as at least 10 members are present.
(2) Subsequent meetings.--After the initial meeting under
paragraph (1), the Commission shall meet upon the call of the
Chair or as determined by a majority of Commission members.
(3) Expectations for attendance by members.--Members are
expected to attend all Commission meetings. In the case of an
absence, members are expected to report to the Chair prior to
the meeting and allowance may be made for an absent member to
participate remotely. Members will still be responsible for
fulfilling prior commitments, regardless of attendance status.
If a member is absent from multiple meetings, the member may be
reviewed by the Chair and appointing authority that appointed
such member to the Commission and further action will be
considered, including removal and replacement on the
Commission.
(4) Quorum.--A majority of the members of the Commission
shall constitute a quorum.
(5) Voting.--Each member of the Commission shall be
entitled to one vote, which shall be equal to the vote of every
other member of the Commission.
(6) Meeting notes.--Meetings notes shall be made available
to the Chairman and Ranking Member of the relevant committees
of jurisdiction.
(e) Subcommittees and Working Groups.--The Commission may choose,
at the discretion of the Chair and Vice Chair, to establish
subcommittees and working groups for any purpose consistent with the
duties of the Commission. Any findings, conclusions, or recommendations
made by a subcommittee or working group shall be considered by the full
Commission, which shall be responsible for determining any final
findings, conclusions, and recommendations. Each such subcommittee or
working group shall operate only for the Congressional Session with
respect to which such subcommittee or group was established.
(f) Administration and Powers of Commission.--
(1) Hearings.--The Commission may, for the purpose of
carrying out this Act--
(A) hold such hearings, sit and act at such times
and places, take such testimony, receive such evidence,
and administer such oaths as the Commission considers
appropriate; and
(B) subject to paragraph (2), require the
attendance and testimony of witnesses and the
production of books, records, correspondence,
memoranda, papers, and documents.
(2) Obtaining official data.--
(A) In general.--The Commission may secure directly
from any executive department, bureau, agency, board,
commission, office, independent establishment, or other
instrumentality of the Federal Government or a State,
local, Tribal, or territorial government any
information, suggestions, estimates, and statistics to
enable the Commission to carry out this Act. Each such
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 of the Chair of the Commission
and the Vice Chair of the Commission or any member
designated by a majority of the Commission.
(B) Receipt, handling, storage, and
dissemination.--Any information, suggestions,
estimates, and statistics submitted under subparagraph
(A) shall only be received, handled, stored, and
disseminated by members of the Commission and its
staff, consistent with applicable Federal law.
(3) Public hearings and meetings.--
(A) In general.--The Commission shall hold public
hearings and meetings as determined appropriate by the
Commission.
(B) Protection of certain information.--Any public
hearings and meetings of the Commission shall be
conducted in a manner consistent with applicable
Federal law regarding the protection of data submitted
to the Commission under paragraph (3).
(4) Personnel.--
(A) Staff.--
(i) Appointment; compensation; travel
expenses.--The Chair of the Commission, in
consultation with Vice Chair of the Commission,
and in accordance with rules agreed upon by the
Commission, may appoint and fix the
compensation of an executive director and other
additional technical and administrative
personnel as may be necessary to enable the
Commission to carry out its duties, 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
clause 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. Travel expenses of the
executive director and other additional
technical and administrative personnel of the
Commission shall be allowed at rates authorized
for employees of agencies under subchapter I of
chapter 57 of title 5, United States Code,
except that foreign travel for official
purposes by such director and personnel of the
Commission is not authorized.
(ii) Technical staff expertise
requirement.--Technical staff of the Commission
shall be individuals with substantial expertise
in one or more of the areas described in
subsection (c)(2). The expertise of such
technical staff shall augment the ability of
the Commission to have substantial expertise in
all areas so described.
(iii) Personnel as federal employees.--
(I) In general.--The executive
director and any other personnel of the
Commission shall be treated as
employees under section 2105 of title
5, United States Code, for purposes of
chapters 63, 81, 83, 84, 85, 87, 89,
and 90 of such title.
(II) Members of commission.--
Subclause (I) shall not be construed to
apply to members of the Commission.
(iv) 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.
(v) Experts and consultants.--The
Commission may procure temporary and
intermittent services of experts and
consultants in accordance with section 3109 of
title 5, United States Code, but at a rate 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.
(B) Assistance from federal agencies.--
(i) General services administration.--The
Administrator of General Services shall provide
to the Commission, on a reimbursable basis,
administrative support and other services
necessary to carry out the duties of the
Commission.
(ii) Other departments and agencies.--In
addition to the assistance described in
subparagraph (A), departments and agencies of
the Federal Government may provide to the
Commission such services, funds, facilities,
and staff as such departments and agencies
determine appropriate and as authorized by
Federal law.
(g) Security Clearances.--
(1) In general.--The members and staff of the Commission
shall obtain, if necessary to carry out the functions of the
Commission, appropriate security clearances for access to any
classified briefing, records, and materials to be reviewed by
such members or staff. The appropriate Federal agencies or
departments shall cooperate with the Commission in
expeditiously providing to the members and staff of the
Commission security clearances pursuant to existing procedures
and requirements, except that no person may be provided with
access to classified information under this Act without the
appropriate security clearance.
(2) Office of house security.--The Office of House Security
of the House of Representatives shall--
(A) provide classified storage and meeting and
hearing spaces for the Commission as determined
necessary; and
(B) assist members and staff of the Commission in
obtaining security clearances.
(h) Reports.--
(1) Reports.--Not later than December 1 of each year that
the Commission remains active and in operation, the Commission
shall submit to the majority and minority leaders of the House
of Representatives and Senate a comprehensive report on the
findings, conclusions, and recommendations of the Commission
with respect to such year and including an executive summary of
the Commission's purposes and activities and any relevant
references and materials with respect to such year.
Notwithstanding the previous sentence, the Commission shall not
be required to submit a report under this paragraph with
respect to the first year in which such Commission is active
and in operation if the Commission is so active and in
operation for fewer than six months of such first year.
(2) Classified information.--In the case that a report
submitted under this subsection includes classified
information, the Commission shall also submit to the majority
and minority leaders of the House of Representatives and Senate
a redacted version of such report with such classified
information included as a classified annex to such report.
(3) Public availability.--Reports submitted under this
subsection, or the redacted versions of such reports (if
applicable), shall be made publicly available on a centralized
Federal internet website.
(i) Applicability of FACA.--Except as provided in subsection (j),
the provisions of the Federal Advisory Committee Act (5 U.S.C. App.)
shall apply to the activities of the Commission.
(j) Termination.--
(1) In general.--The Commission, and all the authorities of
the Commission under this Act, shall remain active and in
operation until the last day of the 10-year period beginning on
the date of the enactment of this Act.
(2) Administrative activities.--The Commission may use the
60-day period following the date of termination of the
Commission for the purpose of concluding its activities,
including providing testimony to Congress concerning its
results and disseminating the final report of the Commission.
(k) Authorization of Appropriations.--For purposes of carrying out
this section, there is authorized to be appropriated to the Commission
$6,000,000 for fiscal year 2021 and such sums as may be necessary for
each fiscal year thereafter through fiscal year 2031, to be available
until expended.
<all> | Critical Supply Chains Commission Act | To establish the National Commission on Critical Supply Chains, and for other purposes. | Critical Supply Chains Commission Act | Rep. Ryan, Tim | D | OH |
1,129 | 11,022 | H.R.6622 | Health | Medicaid Third Party Liability Act
This bill modifies requirements relating to Medicaid third-party liability.
Current law generally requires legally liable third parties (e.g., health insurers) to pay claims before Medicaid. However, Medicaid must pay first (and seek reimbursement from liable third parties) for claims for (1) preventive pediatric care, and (2) services for an individual for whom child support enforcement is being conducted by the state. The bill repeals these exceptions.
Current law also requires state Medicaid programs to take all reasonable measures to identify legally liable third parties. The bill specifically prohibits federal Medicaid payment for services to individuals for whom third-party insurance information was not obtained and verified by the state. | To amend title XIX of the Social Security Act to provide clarification
with respect to the liability of third party payers for medical
assistance paid under the Medicaid program, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicaid Third Party Liability
Act''.
SEC. 2. MEDICAID THIRD PARTY LIABILITY.
(a) Removal of Special Treatment of Certain Types of Care and
Payments Under Medicaid Third Party Liability Rules.--Section
1902(a)(25) of the Social Security Act (42 U.S.C. 1396a(a)(25)) is
amended by striking subparagraphs (E) and (F) and redesignating the
subsequent subparagraphs accordingly.
(b) Clarification of Role of Health Insurers With Respect to Third
Party Liability.--Section 1902(a)(25) of the Social Security Act (42
U.S.C. 1396a(a)(25)), as amended by subsection (b)--
(1) in subparagraph (F), by striking at the end ``and'';
(2) in subparagraph (G), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(H) that, in the case of a State after January 1,
2023, that provides medical assistance under this title
through a contract with a health insurer (including a
group health plan, as defined in section 607(1) of the
Employee Retirement Income Security Act of 1974, a
self-insured plan, a fully insured plan, a service
benefit plan, a managed care organization, a pharmacy
benefit manager, and any other health plan determined
appropriate by the Secretary)--
``(i) such contract shall specify--
``(I) whether the State is
delegating to such insurer all or some
of its right of recovery from a
responsible third party for an item or
service for which payment has been made
under the State plan (or under a waiver
of the plan); and
``(II) whether the State is
transferring to such insurer all or
some of the assignment to the State of
any right of an individual or other
entity to payment from a responsible
third party for an item or service for
which payment has been made under the
State plan (or under a waiver of the
plan); and
``(ii) in the case of a State that elects
an option described in subclause (I) or (I) of
clause (i) with respect to a health insurer
(including a group health plan, as defined in
section 607(1) of the Employee Retirement
Income Security Act of 1974, a self-insured
plan, a fully insured plan, a service benefit
plan, a managed care organization, a pharmacy
benefit manager, and any other health plan
determined appropriate by the Secretary), the
State shall provide assurances to the Secretary
that the State laws referred to in subparagraph
(G) confer to the health insurer the authority
of the State with respect to the requirements
specified in clauses (i) through (iv) of such
subparagraph.''.
(c) Increasing State Flexibility With Respect to Third Party
Liability.--Section 1902(a)(25)(G) of the Social Security Act (42
U.S.C. 1396a(a)(25)(I)), as redesignated by subsection (a), is
amended--
(1) in clause (i), by striking ``medical assistance under
the State plan'' and inserting ``medical assistance under a
State plan (or under a waiver of the plan)'';
(2) by striking clause (ii) and inserting the following new
clause:
``(ii) accept--
``(I) the State's right of recovery
and the assignment to the State of any
right of an individual or other entity
to payment from the party for an item
or service for which payment has been
made under the respective State's plan
(or under a waiver of the plan); and
``(II) after January 1, 2023, as a
valid authorization of the responsible
third party for the furnishing of an
item or service to an individual
eligible to receive medical assistance
under this title, an authorization made
on behalf of such individual under the
State plan (or under a waiver of such
plan) for the furnishing of such item
or service to such individual;'';
(3) in clause (iii)--
(A) by inserting ``not later than 60 days after
receiving'' before ``respond to''; and
(B) by striking ``; and'' at the end and inserting
``, respond to such inquiry; and''; and
(4) in clause (iv), by inserting ``a failure to obtain a
prior authorization,'' after ``claim form,''.
(d) Verification of Insurance Status Required.--
(1) In general.--Section 1902(a)(25)(A)(i) of the Social
Security Act (42 U.S.C. 1396a(a)(25)(A)(i)) is amended by
inserting ``, including the collection of, with respect to an
individual seeking to receive medical assistance under this
title, information on whether the individual has health
insurance coverage provided through a third party (as described
in such paragraph) and the plan of such insurer in which the
individual is enrolled'' after ``sufficient information''.
(2) FFP unavailable without insurance status
verification.--Section 1903(i) of the Social Security Act (42
U.S.C. 1396b(i)) is amended--
(A) in paragraph (26), by striking ``; or'' and
inserting ``;'';
(B) in paragraph (27), by striking ``of the
State.'' and inserting ``of the State; or''; and
(C) by inserting after paragraph (27) the
following:
``(28) with respect to any amounts after January 1, 2023,
expended for medical assistance for individuals for whom the
State has not obtained and verified, in accordance with section
1902(a)(25)(A)(i), information on whether such an individual
has coverage provided through a third party (as described in
such paragraph) and the plan of such coverage in which the
individual is enrolled.''.
SEC. 3. EFFECTIVE DATE.
In the case of a State plan for medical assistance under title XIX
of the Social Security Act that the Secretary of Health and Human
Services determines requires State legislation (other than legislation
appropriating funds) in order for the plan to meet the additional
requirement imposed by the amendments made under this section, the
State plan shall not be regarded as failing to comply with the
requirements of such title solely on the basis of its failure to meet
this additional requirement before the first day of the first calendar
quarter beginning after the close of the first regular session of the
State legislature that begins after the date of the enactment of this
Act. For purposes of the previous sentence, in the case of a State that
has a 2-year legislative session, each year of such session shall be
deemed to be a separate regular session of the State legislature.
<all> | Medicaid Third Party Liability Act | To amend title XIX of the Social Security Act to provide clarification with respect to the liability of third party payers for medical assistance paid under the Medicaid program, and for other purposes. | Medicaid Third Party Liability Act | Rep. Burgess, Michael C. | R | TX |
1,130 | 7,739 | H.R.1875 | Health | This bill eliminates the exemption of short-term, limited-duration health insurance plans from the federal requirements for individual health insurance coverage beginning on January 1, 2023.
Currently, short-term, limited-duration plans may offer coverage for a limited amount of time and are exempt from the market requirements of the Patient Protection and Affordable Care Act (e.g., coverage of individuals with preexisting conditions). | To amend title XXVII of the Public Health Service Act to eliminate the
short-term limited duration insurance exemption with respect to
individual health insurance coverage.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. ELIMINATING THE SHORT-TERM LIMITED DURATION INSURANCE
EXEMPTION WITH RESPECT TO INDIVIDUAL HEALTH INSURANCE
COVERAGE.
Section 2791(b)(5) of the Public Health Service Act (42 U.S.C.
300gg-91(b)(5)) is amended by inserting ``(other than such insurance
that is issued, sold, or renewed on or after January 1, 2023)'' before
the period at the end.
<all> | To amend title XXVII of the Public Health Service Act to eliminate the short-term limited duration insurance exemption with respect to individual health insurance coverage. | To amend title XXVII of the Public Health Service Act to eliminate the short-term limited duration insurance exemption with respect to individual health insurance coverage. | Official Titles - House of Representatives
Official Title as Introduced
To amend title XXVII of the Public Health Service Act to eliminate the short-term limited duration insurance exemption with respect to individual health insurance coverage. | Rep. Castor, Kathy | D | FL |
1,131 | 14,573 | H.R.6520 | Health | Medical and Health Stockpile Accountability Act of 2022
This bill requires the Department of Health and Human Services (HHS) to develop an automated application to track the amount of supplies in the Strategic National Stockpile and in similar inventories maintained by states, tribes, territories, and private entities (e.g., hospitals).
Additionally, HHS must (1) provide for an annual exercise to test the effectiveness of the application, and (2) establish a program to assist health care entities in obtaining automated vendor management systems. | To require the Secretary of Health and Human Services to establish an
automated supply chain tracking application that provides near real-
time insight into the amount of critical medical and health supplies
available in the Strategic National Stockpile.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medical and Health Stockpile
Accountability Act of 2022''.
SEC. 2. TRACKING AND ACCOUNTABILITY OF SUPPLIES IN THE NATIONAL
STOCKPILE.
Section 319F-2 of the Public Health Service Act (42 U.S.C. 247d-6b)
is amended--
(1) by redesignating subsection (h) as subsection (i); and
(2) by inserting after subsection (g) the following:
``(h) Tracking and Accountability of Supplies in the Stockpile.--
``(1) In general.--The Secretary shall establish an
automated supply chain tracking application that provides near
real-time insight into the amount of critical medical and
health supplies available in the stockpile under subsection
(a), and available in the medical and health supply inventories
of State, Tribal, territories, and local and private entities
such as hospitals, manufacturers, and distributors.
``(2) Access and use of the application.--The Secretary
shall establish rules for data access, and use of, the
application established under paragraph (1). Such rules shall--
``(A) require internal tracking, pursuant to
subsection (d), of all supplies within the stockpile
under subsection (a), in a manner that is visible to
Federal entities identified by the Secretary;
``(B) allow for data access, by Federal entities
during an emergency response, as determined by the
Secretary, to the medical and health supply stockpiles
of State, Tribal, territories, and local and private
partners;
``(C) establish, after consultation with public and
private partners, a national standard for collecting
and reporting data related to products maintained in
the stockpile, including--
``(i) data standards for category of
products, nomenclature, and standards for
coding of each product for entities to report
product availability in their Federal, State,
and local jurisdictions;
``(ii) application of the standard to
Tribal and local stockpiles; and
``(iii) a data dictionary defining terms,
such as `burn rate', `calculation of supply-on-
hand', and other appropriate terms;
``(D) ensure clear and efficient mechanisms for
health care entities, including hospitals,
manufacturers, and distributors, to report data in an
emergency that supports medical and health supply chain
management and surge re-deployment, including detailed
data regarding all relevant supplies secured and
available;
``(E) allow access by the Department of Health and
Human Services to data from different vendor management
systems, through automated feeds from health care
entities, eliminating manual reporting errors from
health care entities;
``(F) establish the parameters for permitted and
prohibited government data access and uses;
``(G) ensure that the Department of Health and
Human Services protects any data from hospitals,
manufacturers, and distributors that is shared through
the application, including protection of confidential,
proprietary, commercial, and trade secret information;
``(H) ensure that Federal data collection is for
monitoring and dynamic allocation and will not be used
to remove or reallocate inventory from organizations;
``(I) ensure that data will not be used by
suppliers for commercial or contractual purposes;
``(J) ensure that reported data will not be used to
advantage or disadvantage any institution over another
or to undermine the competitive marketplace; and
``(K) ensure that the application interfaces, for
tracking management purposes, with the National
Disaster Recovery Framework of the Federal Emergency
Management Agency, appropriate dashboards of the
Department of Defense, and other appropriate Federal
partners.
``(3) Participation by private entities.--The application
established under paragraph (1) shall support the voluntary
sharing of data and accessing data by private health care
supply chain entities, by allowing such entities to display
near real-time data relating to inventory and time estimates
for when inventories may be replenished.
``(4) Annual exercise.--The Secretary shall provide for an
annual exercise hosted by the Department of Health and Human
Services to test the effectiveness of the application
established under paragraph (1), and to provide an opportunity
to report, not later than 180 days after publication of the
standards described in paragraph (2)(C), any inefficiencies or
deficiencies in the application.
``(5) Program of support.--The Secretary shall establish a
program to assist State, local, and private health care
entities, such as rural, critical access, or community
hospitals, that do not have an automated vendor management
system in developing or obtaining such a system.
``(6) Authorization of appropriations.--There are
authorized to be appropriated to the Secretary for the
acquisition and development of an application under this
section, $250,000,000 to remain available for fiscal years 2022
through 2027.''.
<all> | Medical and Health Stockpile Accountability Act of 2022 | To require the Secretary of Health and Human Services to establish an automated supply chain tracking application that provides near real-time insight into the amount of critical medical and health supplies available in the Strategic National Stockpile. | Medical and Health Stockpile Accountability Act of 2022 | Rep. Gottheimer, Josh | D | NJ |
1,132 | 13,811 | H.R.6346 | Native Americans | This bill provides a process by which the Confederated Tribes of the Grand Ronde Community of Oregon and Oregon may negotiate to amend or replace the existing agreement defining the tribe's hunting, fishing, trapping, and animal gathering rights.
The current agreement, which was made effective by a January 12, 1987, consent decree by the U.S. District Court for the District of Oregon, serves as the exclusive and final determination of the tribe's hunting, fishing, trapping, and gathering rights. This bill instead allows a December 2, 1986, agreement between the United States, Oregon, and the tribe (known as the Grand Ronde Hunting and Fishing Agreement) to define the tribe's rights until and unless it is amended or replaced upon mutual agreement of the tribe and Oregon.
The bill allows the tribe and Oregon to return to the U.S. District Court for the District of Oregon to request the modification or termination of the January 12, 1987, consent decree. | To amend the Grand Ronde Reservation Act to address the hunting,
fishing, trapping, and animal gathering rights of the Confederated
Tribes of the Grand Ronde Community, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. GRAND RONDE RESERVATION ACT AMENDMENT.
Section 2 of Public Law 100-425 (commonly known as the ``Grand
Ronde Reservation Act'') (102 Stat. 1595) is amended to read as
follows:
``SEC. 2. HUNTING, FISHING, TRAPPING, AND ANIMAL GATHERING.
``(a) Definitions.--In this section:
``(1) Consent decree.--The term `Consent Decree' means the
final judgment and decree of the United States District Court
for the District of Oregon, in the action entitled
`Confederated Tribes of the Grand Ronde Community of Oregon
against the State of Oregon', entered on January 12, 1987.
``(2) Grand ronde hunting and fishing agreement.--The term
`Grand Ronde Hunting and Fishing Agreement' means the agreement
entitled `Agreement Among the State of Oregon, the United
States of America and the Confederated Tribes of the Grand
Ronde Community of Oregon to Permanently Define Tribal Hunting,
Fishing, Trapping, and Animal Gathering Rights of the Tribe and
its Members' and entered into by the United States on December
2, 1986.
``(3) 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).
``(b) Hunting, Fishing, Trapping, and Animal Gathering
Agreements.--
``(1) In general.--The Grand Ronde Hunting and Fishing
Agreement shall remain in effect until and unless replaced,
amended, or otherwise modified by 1 or more successor
government-to-government agreements between the Confederated
Tribes of the Grand Ronde Community and the State of Oregon
relating to the hunting, fishing, trapping, and animal
gathering rights of the Confederated Tribes of the Grand Ronde
Community.
``(2) Amendments.--The Grand Ronde Hunting and Fishing
Agreement or any successor agreement entered into under
paragraph (1) may be amended from time to time by mutual
consent of the Confederated Tribes of the Grand Ronde Community
and the State of Oregon.
``(c) Judicial Review.--In any action brought in the United States
District Court for the District of Oregon to rescind, overturn, modify,
or provide relief under Federal law from the Consent Decree, the United
States District Court for the District of Oregon shall review the
application of the parties on the merits without regard to the defense
of res judicata or collateral estoppel.
``(d) Effect.--Nothing in this section enlarges, confirms,
adjudicates, affects, or modifies any treaty or other right of an
Indian Tribe.''.
<all> | To amend the Grand Ronde Reservation Act to address the hunting, fishing, trapping, and animal gathering rights of the Confederated Tribes of the Grand Ronde Community, and for other purposes. | To amend the Grand Ronde Reservation Act to address the hunting, fishing, trapping, and animal gathering rights of the Confederated Tribes of the Grand Ronde Community, and for other purposes. | Official Titles - House of Representatives
Official Title as Introduced
To amend the Grand Ronde Reservation Act to address the hunting, fishing, trapping, and animal gathering rights of the Confederated Tribes of the Grand Ronde Community, and for other purposes. | Rep. Schrader, Kurt | D | OR |
1,133 | 4,122 | S.2333 | Sports and Recreation | Equal Pay for Team USA Act of 2022
This bill requires that all athletes representing the United States in international amateur athletic competitions receive equal compensation and benefits for their work, regardless of gender.
Specifically, the bill requires, for a sport for which the U.S. Olympic and Paralympic Committees (the corporation) conduct separate programs for female and male athletes who represent the United States in international amateur athletic events, from funds directly provided by the corporation to the athlete (with exceptions), that there be equivalent and nondiscriminatory compensation, wages, benefits, medical care, travel arrangements, and payment or reimbursement for expenses.
It shall be permissible to (1) consider merit, performance, seniority, or quantity of play in determining contract or other terms of participation; and (2) provide more beneficial terms of participation to athletes to address disparities in outside income, or the need to foster underdeveloped programs or address documented and justifiable personal need on the part of specific athletes or teams.
The corporation must take all reasonable steps to advocate to international sports federations and other event organizers to equalize prizes, compensation, funding, and other support provided to athletes by such federations and organizers.
The corporation must report to Congress at least annually on compliance. Each report must include detailed information on the median, minimum, and maximum stipends and bonuses provided to athletes, disaggregated by gender, race, and status of participation on a professional sports team.
The bill requires full compliance within one year of this bill's enactment. | [117th Congress Public Law 340]
[From the U.S. Government Publishing Office]
[[Page 136 STAT. 6175]]
Public Law 117-340
117th Congress
An Act
To amend chapter 2205 of title 36, United States Code, to ensure equal
treatment of athletes, and for other purposes. <<NOTE: Jan. 5,
2023 - [S. 2333]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Equal Pay for
Team USA Act of 2022.>>
SECTION 1. <<NOTE: 36 USC 101 note.>> SHORT TITLE.
This Act may be cited as the ``Equal Pay for Team USA Act of 2022''.
SEC. 2. MODIFICATIONS TO UNITED STATES OLYMPIC AND PARALYMPIC
COMMITTEE AND NATIONAL GOVERNING BODIES.
(a) United States Olympic and Paralympic Committee.--
(1) Duties.--Section 220505(d) of title 36, United States
Code, is amended--
(A) in paragraph (1)--
(i) in subparagraph (B)(ii), by striking ``;
and'' and inserting a semicolon;
(ii) in subparagraph (C), by striking the
period at the end and inserting ``; and''; and
(iii) by adding at the end the following:
``(D) with respect to a sport for which the
corporation conducts separate programs for female and
male athletes, to ensure that female and male athletes
who represent the United States in international amateur
athletic events receive, from funds directly provided by
the corporation to the athlete (excluding any prize or
award based on the athlete's performance in an
international amateur athletic competition), equivalent
and nondiscriminatory compensation, wages, benefits,
medical care, travel arrangements, and payment or
reimbursement for expenses, all insofar as these are
implemented in connection with such amateur athletic
events, where `equivalent' means `equal' except that it
shall be permissible--
``(i) to consider merit, performance,
seniority, or quantity of play in determining
contract or other terms of participation; and
``(ii) to provide more beneficial terms of
participation to athletes representing the United
States in international events to address
disparities in outside income, including in
compensation made available by international
sports federations and other event organizers, or
the need to foster underdeveloped programs
[[Page 136 STAT. 6176]]
or address documented and justifiable personal
need on the part of specific athletes or teams.'';
(B) by redesignating paragraph (2) as paragraph (3);
and
(C) by inserting after paragraph (1) the following:
``(2) Advocacy.--The corporation shall take all reasonable
steps, in collaboration with affected athletes, to advocate to
international sports federations and other event organizers to
equalize prizes, compensation, funding, and other support
provided to athletes by such federations and organizers.''.
(2) Annual report on equal treatment of athletes.--
(A) In general.--Subchapter I of title 36, United
States Code, is amended by adding at the end the
following:
``Sec. 220514. <<NOTE: 36 USC 220514.>> Annual report on equal
treatment of athletes
``(a) In General.--Not less frequently than annually, the
corporation shall submit to Congress a report on the compliance of the
corporation with paragraphs (1)(D) and (2) of section 220505(d).
``(b) Matters To Be Included.--Each report required by subsection
(a) shall include detailed information on the median, minimum, and
maximum stipends and bonuses provided to athletes, disaggregated by
gender, race, and, as applicable, status of participation on a
professional sports team.''.
(B) Conforming amendment.--The table of sections for
subchapter I of chapter 2205 of title 36, United States
Code, is <<NOTE: 36 USC prec. 220501.>> amended by
adding at the end the following:
``220514. Annual report on equal treatment of athletes.''.
(b) National Governing Bodies.--
(1) Duties.--Section 220524(a) of title 36, United States
Code, is amended--
(A) by redesignating paragraphs (7) through (14) as
paragraphs (9) through (16), respectively; and
(B) by inserting after paragraph (6) the following:
``(7) with respect to a sport for which a national governing
body conducts separate programs for female and male athletes,
ensure that female and male athletes who represent the United
States in international amateur athletic events receive, from
funds directly provided by the national governing body to the
athlete (excluding any prize or award based on the athlete's
performance in an international amateur athletic competition),
equivalent and nondiscriminatory compensation, wages, benefits,
medical care, travel arrangements, and payment or reimbursement
for expenses, all insofar as these are implemented in connection
with such amateur athletic events, where `equivalent' means
`equal' except that it shall be permissible--
``(A) to consider merit, performance, seniority, or
quantity of play in determining contract or other terms
of participation; and
``(B) to provide more beneficial terms of
participation to athletes representing the United States
in international events to address disparities in
outside income, including in compensation made available
by international sports federations and other event
organizers, or the need to foster underdeveloped
programs or address documented and justifiable personal
need on the part of specific athletes or teams;
[[Page 136 STAT. 6177]]
``(8) take all reasonable steps, in collaboration with
affected athletes, to advocate to international sports
federations and other event organizers to equalize prizes,
compensation, funding, and other support provided to athletes by
such federations and organizers;''.
(2) Annual report on equal treatment of athletes.--
(A) In general.--Subchapter II of chapter 2205 of
title 36, United States Code, is amended by adding at
the end the following:
``Sec. 220530A. <<NOTE: 36 USC 220530A.>> Annual report on equal
treatment of athletes
``(a) In General.--Not less frequently than annually, each national
governing body shall submit to the corporation and Congress a report on
the compliance of the national governing body with paragraphs (7) and
(8) of section 220524(a).
``(b) Matters To Be Included.--Each report required by subsection
(a) shall include detailed information on the median, minimum, and
maximum stipends and bonuses provided to athletes, disaggregated by
gender, race, and, as applicable, status of participation on a
professional sports team.''.
(B) Conforming amendment.--The table of sections for
subchapter II of chapter 2205 of title 36, United States
Code, <<NOTE: 36 USC prec. 220501.>> is amended by
adding at the end the following:
``220530A. Annual report on equal treatment of athletes.''.
(c) <<NOTE: 36 USC 220505 note.>> Implementation Period and Reports
to Congress.--Not later than 1 year after the date of the enactment of
this Act--
(1) the corporation shall--
(A) attain full compliance, and require as a
condition of continued certification that each national
governing body attains and maintains full compliance,
with the applicable amendments made by this Act; and
(B) submit to Congress a report describing such
compliance of the corporation and each national
governing body; and
(2) each national governing body shall--
(A) attain full compliance with the applicable
amendments made by this Act; and
(B) submit to Congress a report describing such
compliance.
(d) <<NOTE: 36 USC 220505 note.>> Rule of Construction.--Nothing in
this Act shall be construed--
(1) to supersede, nullify, or diminish the rights of any
individual under any Federal law or the law of any State or
political subdivision of any State or jurisdiction;
(2) to prohibit an individual athlete or a group of athletes
from receiving compensation from an individual or entity other
than a national governing body or the corporation for the use
of, as applicable, the name, image, or likeness of the
individual athlete or the names, images, or likenesses of the
group of athletes; or
(3) to prohibit a team or group of athletes from accepting
outside sponsorships or endorsements, or from participating in
outside promotional events or marketing campaigns, even if a
team or group of athletes of another gender are not offered
[[Page 136 STAT. 6178]]
equivalent sponsorships, endorsements, or participation in
outside promotional events or marketing campaigns.
Approved January 5, 2023.
LEGISLATIVE HISTORY--S. 2333:
---------------------------------------------------------------------------
CONGRESSIONAL RECORD, Vol. 168 (2022):
Dec. 8, considered and passed Senate.
Dec. 21, considered and passed House.
<all> | Equal Pay for Team USA Act of 2022 | A bill to amend chapter 2205 of title 36, United States Code, to ensure equal treatment of athletes, and for other purposes. | Equal Pay for Team USA Act of 2022
Equal Pay for Team USA Act of 2022
Equal Pay for Team USA Act of 2021 | Sen. Cantwell, Maria | D | WA |
1,134 | 8,720 | H.R.2989 | Finance and Financial Sector | Financial Transparency Act of 2021
This bill requires federal financial regulatory agencies to adopt specified data standards with respect to format, searchability, and transparency.
The bill also decreases, beginning September 30, 2031, the cap on the surplus funds of the Federal Reserve banks. (Amounts exceeding this cap are deposited in the general fund of the Treasury.) | To amend securities and banking laws to make the information reported
to financial regulatory agencies electronically searchable, to further
enable the development of RegTech and Artificial Intelligence
applications, to put the United States on a path towards building a
comprehensive Standard Business Reporting program to ultimately
harmonize and reduce the private sector's regulatory compliance burden,
while enhancing transparency and accountability, and for other
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 ``Financial
Transparency 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--DEPARTMENT OF THE TREASURY
Sec. 101. Data standards.
Sec. 102. Open data publication by the Department of the Treasury.
Sec. 103. Rulemaking.
Sec. 104. No new disclosure requirements.
Sec. 105. Report.
TITLE II--SECURITIES AND EXCHANGE COMMISSION
Sec. 201. Data standards requirements for the Securities and Exchange
Commission.
Sec. 202. Open data publication by the Securities and Exchange
Commission.
Sec. 203. Data transparency at the Municipal Securities Rulemaking
Board.
Sec. 204. Data transparency at national securities associations.
Sec. 205. Shorter-term burden reduction and disclosure simplification
at the Securities and Exchange Commission;
sunset.
Sec. 206. No new disclosure requirements.
TITLE III--FEDERAL DEPOSIT INSURANCE CORPORATION
Sec. 301. Data standards requirements for the Federal Deposit Insurance
Corporation.
Sec. 302. Open data publication by the Federal Deposit Insurance
Corporation.
Sec. 303. Rulemaking.
Sec. 304. No new disclosure requirements.
TITLE IV--OFFICE OF THE COMPTROLLER OF THE CURRENCY
Sec. 401. Data standards and open data publication requirements for the
Office of the Comptroller of the Currency.
Sec. 402. Rulemaking.
Sec. 403. No new disclosure requirements.
TITLE V--BUREAU OF CONSUMER FINANCIAL PROTECTION
Sec. 501. Data standards and open data publication requirements for the
Bureau of Consumer Financial Protection.
Sec. 502. Rulemaking.
Sec. 503. No new disclosure requirements.
TITLE VI--FEDERAL RESERVE SYSTEM
Sec. 601. Data standards requirements for the Board of Governors of the
Federal Reserve System.
Sec. 602. Open data publication by the Board of Governors of the
Federal Reserve System.
Sec. 603. Rulemaking.
Sec. 604. No new disclosure requirements.
TITLE VII--NATIONAL CREDIT UNION ADMINISTRATION
Sec. 701. Data standards.
Sec. 702. Open data publication by the National Credit Union
Administration.
Sec. 703. Rulemaking.
Sec. 704. No new disclosure requirements.
TITLE VIII--FEDERAL HOUSING FINANCE AGENCY
Sec. 801. Data standards requirements for the Federal Housing Finance
Agency.
Sec. 802. Open data publication by the Federal Housing Finance Agency.
Sec. 803. Rulemaking.
Sec. 804. No new disclosure requirements.
TITLE IX--MISCELLANEOUS
Sec. 901. Rules of construction.
Sec. 902. Classified and protected information.
Sec. 903. Discretionary surplus fund.
Sec. 904. Determination of budgetary effects.
TITLE I--DEPARTMENT OF THE TREASURY
SEC. 101. DATA STANDARDS.
(a) In General.--Subtitle A of title I of the Financial Stability
Act of 2010 (12 U.S.C. 5311 et seq.) is amended by adding at the end
the following:
``SEC. 124. DATA STANDARDS.
``(a) In General.--The Secretary of the Treasury shall, by rule,
promulgate data standards, meaning a standard that specifies rules by
which data is described and recorded, for the information reported to
member agencies by financial entities under the jurisdiction of the
member agency and the data collected from member agencies on behalf of
the Council.
``(b) Standardization.--Member agencies, in consultation with the
Secretary of the Treasury, shall implement regulations promulgated by
the Secretary of the Treasury under subsection (a) to standardize data
reported to member agencies or collected on behalf of the Council, as
described under subsection (a).
``(c) Data Standards.--
``(1) Common identifiers.--The data standards promulgated
under subsection (a) shall include common identifiers for
information reported to member agencies or collected on behalf
of the Council. The common identifiers shall include a common
nonproprietary legal entity identifier that is available under
an open license (as defined under section 3502 of title 44,
United States Code) for all entities required to report to
member agencies.
``(2) Data standard.--The data standards promulgated under
subsection (a) shall, to the extent practicable--
``(A) render data fully searchable and machine-
readable (as defined under section 3502 of title 44,
United States Code);
``(B) enable high quality data through schemas,
with accompanying metadata (as defined under section
3502 of title 44, United States Code) documented in
machine-readable taxonomy or ontology models, which
clearly define the data's semantic meaning as defined
by the underlying regulatory information collection
requirements;
``(C) assure that a data element or data asset that
exists to satisfy an underlying regulatory information
collection requirement be consistently identified as
such in associated machine-readable metadata;
``(D) be nonproprietary or made available under an
open license;
``(E) incorporate standards developed and
maintained by voluntary consensus standards bodies; and
``(F) use, be consistent with, and implement
applicable accounting and reporting principles.
``(3) Consultation.--In promulgating data standards under
subsection (a), the Secretary of the Treasury shall consult
with the member agencies and with other Federal departments and
agencies and multi-agency initiatives responsible for Federal
data standards.
``(4) Interoperability of data.--In promulgating data
standards under subsection (a), the Secretary of the Treasury
shall seek to promote interoperability of financial regulatory
data across members of the Council.
``(d) Member Agencies Defined.--In this section, the term `member
agencies' does not include the Commodity Futures Trading Commission.''.
(b) Clerical Amendment.--The table of contents under section 1(b)
of the Dodd-Frank Wall Street Reform and Consumer Protection Act is
amended by inserting after the item relating to section 123 the
following:
``Sec. 124. Data standards.''.
SEC. 102. OPEN DATA PUBLICATION BY THE DEPARTMENT OF THE TREASURY.
Section 124 of the Financial Stability Act of 2010, as added by
section 101, is amended by adding at the end the following:
``(e) Open Data Publication.--All public information published by
the Secretary of the Treasury under this subtitle shall be made
available as an open Government data asset (as defined under section
3502 of title 44, United States Code), freely available for download in
bulk, and rendered in a human-readable format and accessible via
application programming interface where appropriate.''.
SEC. 103. RULEMAKING.
Not later than the end of the 2-year period beginning on the date
of the enactment of this Act, the Secretary of the Treasury shall issue
the regulations required under the amendments made by this title. The
Secretary may delegate the functions required under the amendments made
by this title to an appropriate office within the Department of the
Treasury.
SEC. 104. NO NEW DISCLOSURE REQUIREMENTS.
Nothing in this title or the amendments made by this title shall be
construed to require the Secretary of the Treasury to collect or make
publicly available additional information under the statutes amended by
this title, beyond information that was collected or made publicly
available under such statutes before the date of the enactment of this
Act.
SEC. 105. REPORT.
Not later than 1 year after the end of the 2-year period described
in section 103, the Comptroller General of the United States shall
submit to Congress a report on the feasibility, costs, and potential
benefits of building upon the taxonomy established by this Act to
arrive at a Federal Government-wide regulatory compliance
standardization mechanism similar to Standard Business Reporting.
TITLE II--SECURITIES AND EXCHANGE COMMISSION
SEC. 201. DATA STANDARDS REQUIREMENTS FOR THE SECURITIES AND EXCHANGE
COMMISSION.
(a) Data Standards for Investment Advisers' Reports Under the
Investment Advisers Act of 1940.--Section 204 of the Investment
Advisers Act of 1940 (15 U.S.C. 80b-4) is amended--
(1) by redesignating the second subsection (d) (relating to
Records of Persons With Custody of Use) as subsection (e); and
(2) by adding at the end the following:
``(f) Data Standards for Reports Filed Under This Section.--
``(1) Requirement.--The Commission shall, by rule, adopt
data standards for all reports filed by investment advisers
with the Commission under this section.
``(2) Characteristics.--The data standards required by
paragraph (1) shall, to the extent practicable--
``(A) render data fully searchable and machine-
readable (as defined under section 3502 of title 44,
United States Code);
``(B) enable high quality data through schemas,
with accompanying metadata (as defined under section
3502 of title 44, United States Code) documented in
machine-readable taxonomy or ontology models, which
clearly define the data's semantic meaning as defined
by the underlying regulatory information collection
requirements;
``(C) assure that a data element or data asset that
exists to satisfy an underlying regulatory information
collection requirement be consistently identified as
such in associated machine-readable metadata;
``(D) be nonproprietary or made available under an
open license (as defined under section 3502 of title
44, United States Code);
``(E) incorporate standards developed and
maintained by voluntary consensus standards bodies; and
``(F) use, be consistent with, and implement
applicable accounting and reporting principles.
``(3) Incorporation of standards.--In adopting data
standards by rule under this subsection, the Commission shall
incorporate all applicable data standards promulgated by the
Secretary of the Treasury.''.
(b) Data Standards for Registration Statements and Reports Under
the Investment Company Act of 1940.--The Investment Company Act of 1940
(15 U.S.C. 80a-1 et seq.) is amended--
(1) in section 8, by adding at the end the following:
``(g) Data Standards for Registration Statements.--
``(1) Requirement.--The Commission shall, by rule, adopt
data standards for all registration statements required to be
filed with the Commission under this section, except that the
Commission may exempt exhibits, signatures, and certifications
from such data standards.
``(2) Characteristics.--The data standards required by
paragraph (1) shall, to the extent practicable--
``(A) render data fully searchable and machine-
readable (as defined under section 3502 of title 44,
United States Code);
``(B) enable high quality data through schemas,
with accompanying metadata (as defined under section
3502 of title 44, United States Code) documented in
machine-readable taxonomy or ontology models, which
clearly define the data's semantic meaning as defined
by the underlying regulatory information collection
requirements;
``(C) assure that a data element or data asset that
exists to satisfy an underlying regulatory information
collection requirement be consistently identified as
such in associated machine-readable metadata;
``(D) be nonproprietary or made available under an
open license (as defined under section 3502 of title
44, United States Code);
``(E) incorporate standards developed and
maintained by voluntary consensus standards bodies; and
``(F) use, be consistent with, and implement
applicable accounting and reporting principles.
``(3) Incorporation of standards.--In adopting data
standards by rule under this subsection, the Commission shall
incorporate all applicable data standards promulgated by the
Secretary of the Treasury.''; and
(2) in section 30, by adding at the end the following:
``(k) Data Standards for Reports.--
``(1) Requirement.--The Commission shall, by rule, adopt
data standards for all reports required to be filed with the
Commission under this section, except that the Commission may
exempt exhibits, signatures, and certifications from such data
standards.
``(2) Characteristics.--The data standards required by
paragraph (1) shall, to the extent practicable--
``(A) render data fully searchable and machine-
readable (as defined under section 3502 of title 44,
United States Code);
``(B) enable high quality data through schemas,
with accompanying metadata (as defined under section
3502 of title 44, United States Code) documented in
machine-readable taxonomy or ontology models, which
clearly define the data's semantic meaning as defined
by the underlying regulatory information collection
requirements;
``(C) assure that a data element or data asset that
exists to satisfy an underlying regulatory information
collection requirement be consistently identified as
such in associated machine-readable metadata;
``(D) be nonproprietary or made available under an
open license (as defined under section 3502 of title
44, United States Code);
``(E) incorporate standards developed and
maintained by voluntary consensus standards bodies; and
``(F) use, be consistent with, and implement
applicable accounting and reporting principles.
``(3) Incorporation of standards.--In adopting data
standards by rule under this subsection, the Commission shall
incorporate all applicable data standards promulgated by the
Secretary of the Treasury.''.
(c) Data Standards for Information Required To Be Submitted or
Published by Nationally Recognized Statistical Rating Organizations.--
Section 15E of the Securities Exchange Act of 1934 (15 U.S.C. 78o-7) is
amended by adding at the end the following:
``(w) Data Standards for Information Required To Be Submitted or
Published Under This Section.--
``(1) Requirement.--The Commission shall, by rule, adopt
data standards for all information required to be submitted or
published by a nationally recognized statistical rating
organization under this section.
``(2) Characteristics.--The data standards required by
paragraph (1) shall, to the extent practicable--
``(A) render data fully searchable and machine-
readable (as defined under section 3502 of title 44,
United States Code);
``(B) enable high quality data through schemas,
with accompanying metadata (as defined under section
3502 of title 44, United States Code) documented in
machine-readable taxonomy or ontology models, which
clearly define the data's semantic meaning as defined
by the underlying regulatory information collection
requirements;
``(C) assure that a data element or data asset that
exists to satisfy an underlying regulatory information
collection requirement be consistently identified as
such in associated machine-readable metadata;
``(D) be nonproprietary or made available under an
open license (as defined under section 3502 of title
44, United States Code);
``(E) incorporate standards developed and
maintained by voluntary consensus standards bodies; and
``(F) use, be consistent with, and implement
applicable accounting and reporting principles.
``(3) Incorporation of standards.--In adopting data
standards by rule under this subsection, the Commission shall
incorporate all applicable data standards promulgated by the
Secretary of the Treasury.''.
(d) Data Standards for Asset-Backed Securities Disclosures.--
Section 7(c) of the Securities Act of 1933 (15 U.S.C. 77g(c)) is
amended by adding at the end the following:
``(3) Data standards for asset-backed securities
disclosures.--
``(A) Requirement.--The Commission shall, by rule,
adopt data standards for all disclosures required under
this subsection.
``(B) Characteristics.--The data standards required
by subparagraph (A) shall, to the extent practicable--
``(i) render data fully searchable and
machine-readable (as defined under section 3502
of title 44, United States Code);
``(ii) enable high quality data through
schemas, with accompanying metadata (as defined
under section 3502 of title 44, United States
Code) documented in machine-readable taxonomy
or ontology models, which clearly define the
data's semantic meaning as defined by the
underlying regulatory information collection
requirements;
``(iii) assure that a data element or data
asset that exists to satisfy an underlying
regulatory information collection requirement
be consistently identified as such in
associated machine-readable metadata;
``(iv) be nonproprietary or made available
under an open license (as defined under section
3502 of title 44, United States Code);
``(v) incorporate standards developed and
maintained by voluntary consensus standards
bodies; and
``(vi) use, be consistent with, and
implement applicable accounting and reporting
principles.
``(C) Incorporation of standards.--In adopting data
standards by rule under this paragraph, the Commission
shall incorporate all applicable data standards
promulgated by the Secretary of the Treasury.''.
(e) Data Standards for Corporate Disclosures Under the Securities
Act of 1933.--Section 7 of the Securities Act of 1933 (15 U.S.C. 77g)
is amended by adding at the end the following:
``(e) Data Standards.--
``(1) Requirement.--The Commission shall, by rule, adopt
data standards for all registration statements and for all
prospectuses included in registration statements required to be
filed with the Commission under this title, except that the
Commission may exempt exhibits, signatures, and certifications
from such data standards.
``(2) Characteristics.--The data standards required by
paragraph (1) shall, to the extent practicable--
``(A) render data fully searchable and machine-
readable (as defined under section 3502 of title 44,
United States Code);
``(B) enable high quality data through schemas,
with accompanying metadata (as defined under section
3502 of title 44, United States Code) documented in
machine-readable taxonomy or ontology models, which
clearly define the data's semantic meaning as defined
by the underlying regulatory information collection
requirements;
``(C) assure that a data element or data asset that
exists to satisfy an underlying regulatory information
collection requirement be consistently identified as
such in associated machine-readable metadata;
``(D) be nonproprietary or made available under an
open license (as defined under section 3502 of title
44, United States Code);
``(E) incorporate standards developed and
maintained by voluntary consensus standards bodies; and
``(F) use, be consistent with, and implement
applicable accounting and reporting principles.
``(3) Incorporation of standards.--In adopting data
standards by rule under this subsection, the Commission shall
incorporate all applicable data standards promulgated by the
Secretary of the Treasury.''.
(f) Data Standards for Periodic and Current Corporate Disclosures
Under the Securities Exchange Act of 1934.--Section 13 of the
Securities Exchange Act of 1934 (15 U.S.C. 78m) is amended by adding at
the end the following:
``(s) Data Standards.--
``(1) Requirement.--The Commission shall, by rule, adopt
data standards for all information contained in periodic and
current reports required to be filed or furnished under this
section or under section 15(d), except that the Commission may
exempt exhibits, signatures, and certifications from such data
standards.
``(2) Characteristics.--The data standards required by
paragraph (1) shall, to the extent practicable--
``(A) render data fully searchable and machine-
readable (as defined under section 3502 of title 44,
United States Code);
``(B) enable high quality data through schemas,
with accompanying metadata (as defined under section
3502 of title 44, United States Code) documented in
machine-readable taxonomy or ontology models, which
clearly define the data's semantic meaning as defined
by the underlying regulatory information collection
requirements;
``(C) assure that a data element or data asset that
exists to satisfy an underlying regulatory information
collection requirement be consistently identified as
such in associated machine-readable metadata;
``(D) be nonproprietary or made available under an
open license (as defined under section 3502 of title
44, United States Code);
``(E) incorporate standards developed and
maintained by voluntary consensus standards bodies; and
``(F) use, be consistent with, and implement
applicable accounting and reporting principles.
``(3) Incorporation of standards.--In adopting data
standards by rule under this subsection, the Commission shall
incorporate all applicable data standards promulgated by the
Secretary of the Treasury.''.
(g) Data Standards for Corporate Proxy and Consent Solicitation
Materials Under the Securities Exchange Act of 1934.--Section 14 of the
Securities Exchange Act of 1934 (15 U.S.C. 78n) is amended by adding at
the end the following:
``(k) Data Standards for Proxy and Consent Solicitation
Materials.--
``(1) Requirement.--The Commission shall, by rule, adopt
data standards for all information contained in any proxy or
consent solicitation material prepared by an issuer for an
annual meeting of the shareholders of the issuer, except that
the Commission may exempt exhibits, signatures, and
certifications from such data standards.
``(2) Characteristics.--The data standards required by
paragraph (1) shall, to the extent practicable--
``(A) render data fully searchable and machine-
readable (as defined under section 3502 of title 44,
United States Code);
``(B) enable high quality data through schemas,
with accompanying metadata (as defined under section
3502 of title 44, United States Code) documented in
machine-readable taxonomy or ontology models, which
clearly define the data's semantic meaning as defined
by the underlying regulatory information collection
requirements;
``(C) assure that a data element or data asset that
exists to satisfy an underlying regulatory information
collection requirement be consistently identified as
such in associated machine-readable metadata;
``(D) be nonproprietary or made available under an
open license (as defined under section 3502 of title
44, United States Code);
``(E) incorporate standards developed and
maintained by voluntary consensus standards bodies; and
``(F) use, be consistent with, and implement
applicable accounting and reporting principles.
``(3) Incorporation of standards.--In adopting data
standards by rule under this subsection, the Commission shall
incorporate all applicable data standards promulgated by the
Secretary of the Treasury.''.
(h) Data Standards for Security-Based Swap Reporting.--Section 15F
of the Securities Exchange Act of 1934 (15 U.S.C. 78o-10) is amended by
adding at the end the following:
``(m) Data Standards for Security-Based Swap Reporting.--
``(1) Requirement.--The Commission shall, by rule, adopt
data standards for all reports related to security-based swaps
that are required under this Act.
``(2) Characteristics.--The data standards required by
paragraph (1) shall, to the extent practicable--
``(A) render data fully searchable and machine-
readable (as defined under section 3502 of title 44,
United States Code);
``(B) enable high quality data through schemas,
with accompanying metadata (as defined under section
3502 of title 44, United States Code) documented in
machine-readable taxonomy or ontology models, which
clearly define the data's semantic meaning as defined
by the underlying regulatory information collection
requirements;
``(C) assure that a data element or data asset that
exists to satisfy an underlying regulatory information
collection requirement be consistently identified as
such in associated machine-readable metadata;
``(D) be nonproprietary or made available under an
open license (as defined under section 3502 of title
44, United States Code);
``(E) incorporate standards developed and
maintained by voluntary consensus standards bodies; and
``(F) use, be consistent with, and implement
applicable accounting and reporting principles.
``(3) Incorporation of standards.--In adopting data
standards by rule under this subsection, the Commission shall
incorporate all applicable data standards promulgated by the
Secretary of the Treasury.''.
(i) Rulemaking.--
(1) In general.--Not later than the end of the 2-year
period beginning on the date the final rule is promulgated
pursuant to section 124(a) of the Financial Stability Act of
2010, the Securities and Exchange Commission shall issue the
regulations required under the amendments made by this section.
(2) Scaling of regulatory requirements.--In issuing the
regulations required under the amendments made by this section,
the Securities and Exchange Commission may scale data reporting
requirements in order to reduce any unjustified burden on
emerging growth companies, lending institutions, accelerated
filers, smaller reporting companies, and other smaller issuers,
as determined by the study required under section 205(c), while
still providing searchable information to investors.
(3) Minimizing disruption.--In issuing the regulations
required under the amendments made by this section, the
Securities and Exchange Commission shall seek to minimize
disruptive changes to the persons affected by such regulations.
SEC. 202. OPEN DATA PUBLICATION BY THE SECURITIES AND EXCHANGE
COMMISSION.
Section 4 of the Securities Exchange Act of 1934 (15 U.S.C. 78d) is
amended by adding at the end the following:
``(k) Open Data Publication.--All public information published by
the Commission under the securities laws and the Dodd-Frank Wall Street
Reform and Consumer Protection Act shall be made available as an open
Government data asset (as defined under section 3502 of title 44,
United States Code), freely available for download in bulk and rendered
in a human-readable format and accessible via application programming
interface where appropriate.''.
SEC. 203. DATA TRANSPARENCY AT THE MUNICIPAL SECURITIES RULEMAKING
BOARD.
(a) In General.--Section 15B(b) of the Securities Exchange Act of
1934 (15 U.S.C. 78o-4(b)) is amended by adding at the end the
following:
``(8) Data Standards.--
``(A) Requirement.--If the Board establishes information
systems under paragraph (3), the Board shall adopt data
standards for information submitted via such systems.
``(B) Characteristics.--The data standards required by
subparagraph (A) shall, to the extent practicable--
``(i) render data fully searchable and machine-
readable (as defined under section 3502 of title 44,
United States Code);
``(ii) enable high quality data through schemas,
with accompanying metadata (as defined under section
3502 of title 44, United States Code) documented in
machine-readable taxonomy or ontology models, which
clearly define the data's semantic meaning as defined
by the underlying regulatory information collection
requirements;
``(iii) assure that a data element or data asset
that exists to satisfy an underlying regulatory
information collection requirement be consistently
identified as such in associated machine-readable
metadata;
``(iv) be nonproprietary or made available under an
open license (as defined under section 3502 of title
44, United States Code);
``(v) incorporate standards developed and
maintained by voluntary consensus standards bodies; and
``(vi) use, be consistent with, and implement
applicable accounting and reporting principles.
``(C) Incorporation of standards.--In adopting data
standards under this paragraph, the Board shall incorporate all
applicable data standards promulgated by the Secretary of the
Treasury.''.
(b) Rulemaking.--
(1) In general.--Not later than the end of the 2-year
period beginning on the date the final rule is promulgated
pursuant to section 124(a) of the Financial Stability Act of
2010, the Municipal Securities Rulemaking Board shall issue the
regulations required under the amendments made by this section.
(2) Scaling of regulatory requirements.--In issuing the
regulations required under the amendments made by this section,
the Municipal Securities Rulemaking Board may scale data
reporting requirements in order to reduce any unjustified
burden on smaller regulated entities.
(3) Minimizing disruption.--In issuing the regulations
required under the amendments made by this section, the
Municipal Securities Rulemaking Board shall seek to minimize
disruptive changes to the persons affected by such regulations.
SEC. 204. DATA TRANSPARENCY AT NATIONAL SECURITIES ASSOCIATIONS.
(a) In General.--Section 15A of the Securities Exchange Act of 1934
(15 U.S.C. 78o-3) is amended by adding at the end the following:
``(n) Data Standards.--
``(1) Requirement.--A national securities association
registered pursuant to subsection (a) shall adopt data
standards for all information that is regularly filed with or
submitted to the association.
``(2) Characteristics.--The data standards required by
paragraph (1) shall, to the extent practicable--
``(A) render data fully searchable and machine-
readable (as defined under section 3502 of title 44,
United States Code);
``(B) enable high quality data through schemas,
with accompanying metadata (as defined under section
3502 of title 44, United States Code) documented in
machine-readable taxonomy or ontology models, which
clearly define the data's semantic meaning as defined
by the underlying regulatory information collection
requirements;
``(C) assure that a data element or data asset that
exists to satisfy an underlying regulatory information
collection requirement be consistently identified as
such in associated machine-readable metadata;
``(D) be nonproprietary or made available under an
open license (as defined under section 3502 of title
44, United States Code);
``(E) incorporate standards developed and
maintained by voluntary consensus standards bodies; and
``(F) use, be consistent with, and implement
applicable accounting and reporting principles.
``(3) Incorporation of standards.--In adopting data
standards under this subsection, the association shall
incorporate all applicable data standards promulgated by the
Secretary of the Treasury.''.
(b) Rulemaking.--
(1) In general.--Not later than the end of the 2-year
period beginning on the date the final rule is promulgated
pursuant to section 124(a) of the Financial Stability Act of
2010, a national securities association shall adopt the
standards required under the amendments made by this section.
(2) Scaling of regulatory requirements.--In adopting the
standards required under the amendments made by this section, a
national securities association may scale data reporting
requirements in order to reduce any unjustified burden on
smaller regulated entities.
(3) Minimizing disruption.--In adopting the standards
required under the amendments made by this section, a national
securities association shall seek to minimize disruptive
changes to the persons affected by such standards.
SEC. 205. SHORTER-TERM BURDEN REDUCTION AND DISCLOSURE SIMPLIFICATION
AT THE SECURITIES AND EXCHANGE COMMISSION; SUNSET.
(a) Better Enforcement of the Quality of Corporate Financial Data
Submitted to the Securities and Exchange Commission.--
(1) Data quality improvement program.--Within six months
after the date of the enactment of this Act, the Commission
shall establish a program to improve the quality of corporate
financial data filed or furnished by issuers under the
Securities Act of 1933, the Securities Exchange Act of 1934,
and the Investment Company Act of 1940. The program shall
include the following:
(A) The designation of an official in the Office of
the Chairman responsible for the improvement of the
quality of data filed with or furnished to the
Commission by issuers.
(B) The issuance by the Division of Corporation
Finance of comment letters requiring correction of
errors in data filings and submissions, where
necessary.
(2) Goals.--In establishing the program under this section,
the Commission shall seek to--
(A) improve the quality of data filed with or
furnished to the Commission to a commercially
acceptable level; and
(B) make data filed with or furnished to the
Commission useful to investors.
(b) Report on the Use of Machine-Readable Data for Corporate
Disclosures.--
(1) In general.--Not later than six months after the date
of the enactment of this Act, and every six months thereafter,
the Commission shall issue a report to the Committee on
Financial Services of the House of Representatives and the
Committee on Banking, Housing, and Urban Affairs of the Senate
on the public and internal use of machine-readable data for
corporate disclosures.
(2) Content.--Each report required under paragraph (1)
shall include--
(A) an identification of which corporate
disclosures required under section 7 of the Securities
Act of 1933, section 13 of the Securities Exchange Act
of 1934, or section 14 of the Securities Exchange Act
of 1934 are expressed as machine-readable data and
which are not;
(B) an analysis of the costs and benefits of the
use of machine-readable data in corporate disclosure to
investors, markets, the Commission, and issuers;
(C) a summary of enforcement actions that result
from the use or analysis of machine-readable data
collected under section 7 of the Securities Act of
1933, section 13 of the Securities Exchange Act of
1934, or section 14 of the Securities Exchange Act of
1934; and
(D) an analysis of how the Commission is itself
using the machine-readable data collected by the
Commission.
(c) Sunset.--On and after the end of the 7-year period beginning on
the date of the enactment of this Act, this section shall have no force
or effect.
SEC. 206. NO NEW DISCLOSURE REQUIREMENTS.
Nothing in this title or the amendments made by this title shall be
construed to require the Securities and Exchange Commission, the
Municipal Securities Rulemaking Board, or a national securities
association to collect or make publicly available additional
information under the statutes amended by this title, beyond
information that was collected or made publicly available under such
statutes before the date of the enactment of this Act.
TITLE III--FEDERAL DEPOSIT INSURANCE CORPORATION
SEC. 301. DATA STANDARDS REQUIREMENTS FOR THE FEDERAL DEPOSIT INSURANCE
CORPORATION.
The Federal Deposit Insurance Act (12 U.S.C. 1811 et seq.) is
amended by adding at the end the following:
``SEC. 52. DATA STANDARDS.
``(a) Requirement.--The Corporation shall, by rule, adopt data
standards for all information that the Corporation receives from any
depository institution or financial company under this Act or under
title II of the Dodd-Frank Wall Street Reform and Consumer Protection
Act.
``(b) Characteristics.--The data standards required by subsection
(a) shall, to the extent practicable--
``(1) render data fully searchable and machine-readable (as
defined under section 3502 of title 44, United States Code);
``(2) enable high quality data through schemas, with
accompanying metadata (as defined under section 3502 of title
44, United States Code) documented in machine-readable taxonomy
or ontology models, which clearly define the data's semantic
meaning as defined by the underlying regulatory information
collection requirements;
``(3) assure that a data element or data asset that exists
to satisfy an underlying regulatory information collection
requirement be consistently identified as such in associated
machine-readable metadata;
``(4) be nonproprietary or made available under an open
license (as defined under section 3502 of title 44, United
States Code);
``(5) incorporate standards developed and maintained by
voluntary consensus standards bodies; and
``(6) use, be consistent with, and implement applicable
accounting and reporting principles.
``(c) Incorporation of Standards.--In adopting data standards by
rule under this section, the Corporation shall incorporate all
applicable data standards promulgated by the Secretary of the Treasury.
``(d) Financial Company Defined.--For purposes of this section, the
term `financial company' has the meaning given that term under section
201(a) of the Dodd-Frank Wall Street Reform and Consumer Protection Act
(12 U.S.C. 5381(a)).''.
SEC. 302. OPEN DATA PUBLICATION BY THE FEDERAL DEPOSIT INSURANCE
CORPORATION.
The Federal Deposit Insurance Act (12 U.S.C. 1811 et seq.), as
amended by section 301, is further amended by adding at the end the
following:
``SEC. 53. OPEN DATA PUBLICATION.
``All public information published by the Corporation under this
Act or under the Dodd-Frank Wall Street Reform and Consumer Protection
Act shall be made available as an open Government data asset (as
defined under section 3502 of title 44, United States Code), freely
available for download in bulk and rendered in a human-readable format
and accessible via application programming interface where
appropriate.''.
SEC. 303. RULEMAKING.
(a) In General.--Not later than the end of the 2-year period
beginning on the date the final rule is promulgated pursuant to section
124(a) of the Financial Stability Act of 2010, the Federal Deposit
Insurance Corporation shall issue the regulations required under the
amendments made by this title.
(b) Scaling of Regulatory Requirements.--In issuing the regulations
required under the amendments made by this title, the Federal Deposit
Insurance Corporation may scale data reporting requirements in order to
reduce any unjustified burden on smaller regulated entities.
(c) Minimizing Disruption.--In issuing the regulations required
under the amendments made by this title, the Federal Deposit Insurance
Corporation shall seek to minimize disruptive changes to the persons
affected by such regulations.
SEC. 304. NO NEW DISCLOSURE REQUIREMENTS.
Nothing in this title or the amendments made by this title shall be
construed to require the Federal Deposit Insurance Corporation to
collect or make publicly available additional information under the
statutes amended by this title, beyond information that was collected
or made publicly available under such statutes before the date of the
enactment of this Act.
TITLE IV--OFFICE OF THE COMPTROLLER OF THE CURRENCY
SEC. 401. DATA STANDARDS AND OPEN DATA PUBLICATION REQUIREMENTS FOR THE
OFFICE OF THE COMPTROLLER OF THE CURRENCY.
The Revised Statutes of the United States is amended by inserting
after section 332 (12 U.S.C. 14) the following:
``SEC. 333. DATA STANDARDS; OPEN DATA PUBLICATION.
``(a) Data Standards.--
``(1) Requirement.--The Comptroller of the Currency shall,
by rule, adopt data standards for all information that is
regularly filed with or submitted to the Comptroller of the
Currency by any entity with respect to which the Office of the
Comptroller of the Currency is the appropriate Federal banking
agency (as defined under section 3 of the Federal Deposit
Insurance Act).
``(2) Characteristics.--The data standards required by
paragraph (1) shall, to the extent practicable--
``(A) render data fully searchable and machine-
readable (as defined under section 3502 of title 44,
United States Code);
``(B) enable high quality data through schemas,
with accompanying metadata (as defined under section
3502 of title 44, United States Code) documented in
machine-readable taxonomy or ontology models, which
clearly define the data's semantic meaning as defined
by the underlying regulatory information collection
requirements;
``(C) assure that a data element or data asset that
exists to satisfy an underlying regulatory information
collection requirement be consistently identified as
such in associated machine-readable metadata;
``(D) be nonproprietary or made available under an
open license (as defined under section 3502 of title
44, United States Code);
``(E) incorporate standards developed and
maintained by voluntary consensus standards bodies; and
``(F) use, be consistent with, and implement
applicable accounting and reporting principles.
``(3) Incorporation of standards.--In adopting data
standards by rule under this subsection, the Comptroller of the
Currency shall incorporate all applicable data standards
promulgated by the Secretary of the Treasury.
``(b) Open Data Publication.--All public information published by
the Comptroller of the Currency under title LXII or the Dodd-Frank Wall
Street Reform and Consumer Protection Act shall be made available as an
open Government data asset (as defined under section 3502 of title 44,
United States Code), freely available for download in bulk and rendered
in a human-readable format and accessible via application programming
interface where appropriate.''.
SEC. 402. RULEMAKING.
(a) In General.--Not later than the end of the 2-year period
beginning on the date the final rule is promulgated pursuant to section
124(a) of the Financial Stability Act of 2010, the Comptroller of the
Currency shall issue the regulations required under the amendments made
by this title.
(b) Scaling of Regulatory Requirements.--In issuing the regulations
required under the amendments made by this title, the Comptroller of
the Currency may scale data reporting requirements in order to reduce
any unjustified burden on smaller regulated entities.
(c) Minimizing Disruption.--In issuing the regulations required
under the amendments made by this title, the Comptroller of the
Currency shall seek to minimize disruptive changes to the persons
affected by such regulations.
SEC. 403. NO NEW DISCLOSURE REQUIREMENTS.
Nothing in this title or the amendments made by this title shall be
construed to require the Comptroller of the Currency to collect or make
publicly available additional information under the statutes amended by
this title, beyond information that was collected or made publicly
available under such statutes before the date of the enactment of this
Act.
TITLE V--BUREAU OF CONSUMER FINANCIAL PROTECTION
SEC. 501. DATA STANDARDS AND OPEN DATA PUBLICATION REQUIREMENTS FOR THE
BUREAU OF CONSUMER FINANCIAL PROTECTION.
(a) In General.--The Consumer Financial Protection Act of 2010 (12
U.S.C. 5481 et seq.) is amended by inserting after section 1018 the
following:
``SEC. 1019. DATA STANDARDS.
``(a) Requirement.--The Bureau shall, by rule, adopt data standards
for all information that is regularly filed with or submitted to the
Bureau.
``(b) Characteristics.--The data standards required by subsection
(a) shall, to the extent practicable--
``(1) render data fully searchable and machine-readable (as
defined under section 3502 of title 44, United States Code);
``(2) enable high quality data through schemas, with
accompanying metadata (as defined under section 3502 of title
44, United States Code) documented in machine-readable taxonomy
or ontology models, which clearly define the data's semantic
meaning as defined by the underlying regulatory information
collection requirements;
``(3) assure that a data element or data asset that exists
to satisfy an underlying regulatory information collection
requirement be consistently identified as such in associated
machine-readable metadata;
``(4) be nonproprietary or made available under an open
license (as defined under section 3502 of title 44, United
States Code);
``(5) incorporate standards developed and maintained by
voluntary consensus standards bodies; and
``(6) use, be consistent with, and implement applicable
accounting and reporting principles.
``(c) Incorporation of Standards.--In adopting data standards by
rule under this section, the Bureau shall incorporate all applicable
data standards promulgated by the Secretary of the Treasury.
``SEC. 1020. OPEN DATA PUBLICATION.
``All public information published by the Bureau shall be made
available as an open Government data asset (as defined under section
3502 of title 44, United States Code), freely available for download in
bulk and rendered in a human-readable format and accessible via
application programming interface where appropriate.''.
(b) Clerical Amendment.--The table of contents under section 1(b)
of the Dodd-Frank Wall Street Reform and Consumer Protection Act is
amended by inserting after the item relating to section 1018 the
following:
``Sec. 1019. Data standards.
``Sec. 1020. Open data publication.''.
SEC. 502. RULEMAKING.
(a) In General.--Not later than the end of the 2-year period
beginning on the date the final rule is promulgated pursuant to section
124(a) of the Financial Stability Act of 2010, the Bureau of Consumer
Financial Protection shall issue the regulations required under the
amendments made by this title.
(b) Scaling of Regulatory Requirements.--In issuing the regulations
required under the amendments made by this title, the Bureau of
Consumer Financial Protection may scale data reporting requirements in
order to reduce any unjustified burden on smaller regulated entities.
(c) Minimizing Disruption.--In issuing the regulations required
under the amendments made by this title, the Bureau of Consumer
Financial Protection shall seek to minimize disruptive changes to the
persons affected by such regulations.
SEC. 503. NO NEW DISCLOSURE REQUIREMENTS.
Nothing in this title or the amendments made by this title shall be
construed to require the Bureau of Consumer Financial Protection to
collect or make publicly available additional information under the
statutes amended by this title, beyond information that was collected
or made publicly available under such statutes before the date of the
enactment of this Act.
TITLE VI--FEDERAL RESERVE SYSTEM
SEC. 601. DATA STANDARDS REQUIREMENTS FOR THE BOARD OF GOVERNORS OF THE
FEDERAL RESERVE SYSTEM.
(a) Data Standards for Information Filed or Submitted by Nonbank
Financial Companies.--Section 161(a) of the Financial Stability Act of
2010 (12 U.S.C. 5361(a)) is amended by adding at the end the following:
``(4) Data standards for reports under this subsection.--
``(A) In general.--The Board of Governors shall
adopt data standards for all financial data that is
regularly filed with or submitted to the Board of
Governors by any nonbank financial company supervised
by the Board of Governors pursuant to this subsection.
``(B) Characteristics.--The data standards required
by this section shall, to the extent practicable--
``(i) render data fully searchable and
machine-readable (as defined under section 3502
of title 44, United States Code);
``(ii) enable high quality data through
schemas, with accompanying metadata (as defined
under section 3502 of title 44, United States
Code) documented in machine-readable taxonomy
or ontology models, which clearly define the
data's semantic meaning as defined by the
underlying regulatory information collection
requirements;
``(iii) assure that a data element or data
asset that exists to satisfy an underlying
regulatory information collection requirement
be consistently identified as such in
associated machine-readable metadata;
``(iv) be nonproprietary or made available
under an open license (as defined under section
3502 of title 44, United States Code);
``(v) incorporate standards developed and
maintained by voluntary consensus standards
bodies; and
``(vi) use, be consistent with, and
implement applicable accounting and reporting
principles.
``(C) Incorporation of standards.--In adopting data
standards by rule under this paragraph, the Board of
Governors shall incorporate all applicable data
standards promulgated by the Secretary of the
Treasury.''.
(b) Data Standards for Information Filed or Submitted by Savings
and Loan Holding Companies.--Section 10 of the Home Owners' Loan Act
(12 U.S.C. 1467a) is amended by adding at the end the following:
``(u) Data Standards.--
``(1) Requirement.--The Board shall adopt data standards
for all information that is regularly filed with or submitted
to the Board by any savings and loan holding company, or
subsidiary of a savings and loan holding company, other than a
depository institution, under this section.
``(2) Characteristics.--The data standards required by this
subsection shall, to the extent practicable--
``(A) render data fully searchable and machine-
readable (as defined under section 3502 of title 44,
United States Code);
``(B) enable high quality data through schemas,
with accompanying metadata (as defined under section
3502 of title 44, United States Code) documented in
machine-readable taxonomy or ontology models, which
clearly define the data's semantic meaning as defined
by the underlying regulatory information collection
requirements;
``(C) assure that a data element or data asset that
exists to satisfy an underlying regulatory information
collection requirement be consistently identified as
such in associated machine-readable metadata;
``(D) be nonproprietary or made available under an
open license (as defined under section 3502 of title
44, United States Code);
``(E) incorporate standards developed and
maintained by voluntary consensus standards bodies; and
``(F) use, be consistent with, and implement
applicable accounting and reporting principles.
``(3) Incorporation of standards.--In adopting data
standards by rule under this section, the Board of Governors
shall incorporate all applicable data standards promulgated by
the Secretary of the Treasury.''.
(c) Data Standards for Information Filed or Submitted by Bank
Holding Companies.--Section 5 of the Bank Holding Company Act of 1956
(12 U.S.C. 1844) is amended by adding at the end the following:
``(h) Data Standards.--
``(1) Requirement.--The Board shall adopt data standards
for all information that is regularly filed with or submitted
to the Board by any bank holding company in a report under
subsection (c).
``(2) Characteristics.--The data standards required by this
subsection shall, to the extent practicable--
``(A) render data fully searchable and machine-
readable (as defined under section 3502 of title 44,
United States Code);
``(B) enable high quality data through schemas,
with accompanying metadata (as defined under section
3502 of title 44, United States Code) documented in
machine-readable taxonomy or ontology models, which
clearly define the data's semantic meaning as defined
by the underlying regulatory information collection
requirements;
``(C) assure that a data element or data asset that
exists to satisfy an underlying regulatory information
collection requirement be consistently identified as
such in associated machine-readable metadata;
``(D) be nonproprietary or made available under an
open license (as defined under section 3502 of title
44, United States Code);
``(E) incorporate standards developed and
maintained by voluntary consensus standards bodies; and
``(F) use, be consistent with, and implement
applicable accounting and reporting principles.
``(3) Incorporation of standards.--In adopting data
standards under this subsection, the Board shall incorporate
all applicable data standards promulgated by the Secretary of
the Treasury.''.
(d) Data Standards for Information Submitted by Financial Market
Utilities or Institutions Under the Payment, Clearing, and Settlement
Supervision Act of 2010.--Section 809 of the Payment, Clearing, and
Settlement Supervision Act of 2010 (12 U.S.C. 5468) is amended by
adding at the end the following:
``(h) Data Standards.--
``(1) Requirement.--The Board of Governors shall adopt data
standards for all information that is regularly filed with or
submitted to the Board by any financial market utility or
financial institution under subsection (a) or (b).
``(2) Characteristics.--The data standards required by this
subsection shall, to the extent practicable--
``(A) render data fully searchable and machine-
readable (as defined under section 3502 of title 44,
United States Code);
``(B) enable high quality data through schemas,
with accompanying metadata (as defined under section
3502 of title 44, United States Code) documented in
machine-readable taxonomy or ontology models, which
clearly define the data's semantic meaning as defined
by the underlying regulatory information collection
requirements;
``(C) assure that a data element or data asset that
exists to satisfy an underlying regulatory information
collection requirement be consistently identified as
such in associated machine-readable metadata;
``(D) be nonproprietary or made available under an
open license (as defined under section 3502 of title
44, United States Code);
``(E) incorporate standards developed and
maintained by voluntary consensus standards bodies; and
``(F) use, be consistent with, and implement
applicable accounting and reporting principles.
``(3) Incorporation of standards.--In adopting data
standards under this subsection, the Board of Governors shall
incorporate all applicable data standards promulgated by the
Secretary of the Treasury.''.
SEC. 602. OPEN DATA PUBLICATION BY THE BOARD OF GOVERNORS OF THE
FEDERAL RESERVE SYSTEM.
The Federal Reserve Act (12 U.S.C. 226 et seq.) is amended by
adding at the end the following:
``SEC. 32. OPEN DATA PUBLICATION BY THE BOARD OF GOVERNORS.
``All public information published by the Board of Governors under
this Act, the Bank Holding Company Act of 1956, the Financial Stability
Act of 2010, the Home Owners' Loan Act, the Payment, Clearing, and
Settlement Supervision Act of 2010, or the Enhancing Financial
Institution Safety and Soundness Act of 2010 shall be made available as
an open Government data asset (as defined under section 3502 of title
44, United States Code), freely available for download in bulk and
rendered in a human-readable format and accessible via application
programming interface where appropriate.''.
SEC. 603. RULEMAKING.
(a) In General.--Not later than the end of the 2-year period
beginning on the date the final rule is promulgated pursuant to section
124(a) of the Financial Stability Act of 2010, the Board of Governors
of the Federal Reserve System shall issue the regulations required
under the amendments made by this title.
(b) Scaling of Regulatory Requirements.--In issuing the regulations
required under the amendments made by this title, the Board of
Governors of the Federal Reserve System may scale data reporting
requirements in order to reduce any unjustified burden on smaller
regulated entities.
(c) Minimizing Disruption.--In issuing the regulations required
under the amendments made by this title, the Board of Governors of the
Federal Reserve System shall seek to minimize disruptive changes to the
persons affected by such regulations.
SEC. 604. NO NEW DISCLOSURE REQUIREMENTS.
Nothing in this title or the amendments made by this title shall be
construed to require the Board of Governors of the Federal Reserve
System to collect or make publicly available additional information
under the statutes amended by this title, beyond information that was
collected or made publicly available under such statutes before the
date of the enactment of this Act.
TITLE VII--NATIONAL CREDIT UNION ADMINISTRATION
SEC. 701. DATA STANDARDS.
Title I of the Federal Credit Union Act (12 U.S.C. 1752 et seq.) is
amended by adding at the end the following:
``SEC. 132. DATA STANDARDS.
``(a) Requirement.--The Board shall, by rule, adopt data standards
for all information and reports regularly filed with or submitted to
the Administration under this Act.
``(b) Characteristics.--The data standards required by subsection
(a) shall, to the extent practicable--
``(1) render data fully searchable and machine-readable (as
defined under section 3502 of title 44, United States Code);
``(2) enable high quality data through schemas, with
accompanying metadata (as defined under section 3502 of title
44, United States Code) documented in machine-readable taxonomy
or ontology models, which clearly define the data's semantic
meaning as defined by the underlying regulatory information
collection requirements;
``(3) assure that a data element or data asset that exists
to satisfy an underlying regulatory information collection
requirement be consistently identified as such in associated
machine-readable metadata;
``(4) be nonproprietary or made available under an open
license (as defined under section 3502 of title 44, United
States Code);
``(5) incorporate standards developed and maintained by
voluntary consensus standards bodies; and
``(6) use, be consistent with, and implement applicable
accounting and reporting principles.
``(c) Incorporation of Standards.--In adopting data standards by
rule under this section, the Board shall incorporate all applicable
data standards promulgated by the Secretary of the Treasury.''.
SEC. 702. OPEN DATA PUBLICATION BY THE NATIONAL CREDIT UNION
ADMINISTRATION.
Title I of the Federal Credit Union Act (12 U.S.C. 1752 et seq.),
as amended by section 801, is further amended by adding at the end the
following:
``SEC. 133. OPEN DATA PUBLICATION.
``All public information published by the Administration under this
title shall be made available as an open Government data asset (as
defined under section 3502 of title 44, United States Code), freely
available for download in bulk and rendered in a human-readable format
and accessible via application programming interface where
appropriate.''.
SEC. 703. RULEMAKING.
(a) In General.--Not later than the end of the 2-year period
beginning on the date the final rule is promulgated pursuant to section
124(a) of the Financial Stability Act of 2010, the National Credit
Union Administration Board shall issue the regulations required under
the amendments made by this title.
(b) Scaling of Regulatory Requirements.--In issuing the regulations
required under the amendments made by this title, the National Credit
Union Administration Board may scale data reporting requirements in
order to reduce any unjustified burden on smaller regulated entities.
(c) Minimizing Disruption.--In issuing the regulations required
under the amendments made by this title, the National Credit Union
Administration Board shall seek to minimize disruptive changes to the
persons affected by such regulations.
SEC. 704. NO NEW DISCLOSURE REQUIREMENTS.
Nothing in this title or the amendments made by this title shall be
construed to require the National Credit Union Administration Board to
collect or make publicly available additional information under the
statutes amended by this title, beyond information that was collected
or made publicly available under such statutes before the date of the
enactment of this Act.
TITLE VIII--FEDERAL HOUSING FINANCE AGENCY
SEC. 801. DATA STANDARDS REQUIREMENTS FOR THE FEDERAL HOUSING FINANCE
AGENCY.
Part 1 of subtitle A of the Federal Housing Enterprises Financial
Safety and Soundness Act of 1992 (12 U.S.C. 4501 et seq.) is amended by
adding at the end the following:
``SEC. 1319H. DATA STANDARDS.
``(a) Requirement.--The Agency shall, by rule, adopt data standards
for all information that is regularly filed with or submitted to the
Agency under this Act.
``(b) Characteristics.--The data standards required by subsection
(a) shall, to the extent practicable--
``(1) render data fully searchable and machine-readable (as
defined under section 3502 of title 44, United States Code);
``(2) enable high quality data through schemas, with
accompanying metadata (as defined under section 3502 of title
44, United States Code) documented in machine-readable taxonomy
or ontology models, which clearly define the data's semantic
meaning as defined by the underlying regulatory information
collection requirements;
``(3) assure that a data element or data asset that exists
to satisfy an underlying regulatory information collection
requirement be consistently identified as such in associated
machine-readable metadata;
``(4) be nonproprietary or made available under an open
license (as defined under section 3502 of title 44, United
States Code);
``(5) incorporate standards developed and maintained by
voluntary consensus standards bodies; and
``(6) use, be consistent with, and implement applicable
accounting and reporting principles.
``(c) Incorporation of Standards.--In adopting data standards by
rule under this section, the Agency shall incorporate all applicable
data standards promulgated by the Secretary of the Treasury.''.
SEC. 802. OPEN DATA PUBLICATION BY THE FEDERAL HOUSING FINANCE AGENCY.
Part 1 of subtitle A of the Federal Housing Enterprises Financial
Safety and Soundness Act of 1992 (12 U.S.C. 4501 et seq.), as amended
by section 901, is further amended by adding at the end the following:
``SEC. 1319I. OPEN DATA PUBLICATION.
``All public information published by the Agency under this Act
shall be made available as an open Government data asset (as defined
under section 3502 of title 44, United States Code), freely available
for download in bulk and rendered in a human-readable format and
accessible via application programming interface where appropriate.''.
SEC. 803. RULEMAKING.
(a) In General.--Not later than the end of the 2-year period
beginning on the date the final rule is promulgated pursuant to section
124(a) of the Financial Stability Act of 2010, the Federal Housing
Finance Agency shall issue the regulations required under the
amendments made by this title.
(b) Minimizing Disruption.--In issuing the regulations required
under the amendments made by this title, the Federal Housing Finance
Agency shall seek to minimize disruptive changes to the persons
affected by such regulations.
SEC. 804. NO NEW DISCLOSURE REQUIREMENTS.
Nothing in this title or the amendments made by this title shall be
construed to require the Federal Housing Finance Agency to collect or
make publicly available additional information under the statutes
amended by this title, beyond information that was collected or made
publicly available under such statutes before the date of the enactment
of this Act.
TITLE IX--MISCELLANEOUS
SEC. 901. RULES OF CONSTRUCTION.
(a) No Effect on Intellectual Property.--Nothing in this Act or the
amendments made by this Act may be construed to alter the existing
legal protections of copyrighted material or other intellectual
property rights of any non-Federal person.
(b) No Effect on Monetary Policy.--Nothing in this Act or the
amendments made by this Act may be construed to apply to activities
conducted, or data standards used, exclusively in connection with a
monetary policy proposed or implemented by the Board of Governors of
the Federal Reserve System or the Federal Open Market Committee.
(c) Preservation of Agency Authority to Tailor Regulations.--
Nothing in this Act or the amendments made by this Act may be construed
to--
(1) require Federal agencies to incorporate identical data
standards to those promulgated by the Secretary of the
Treasury; or
(2) prohibit Federal agencies from tailoring such standards
when issuing rules under this Act and the amendments made by
this Act to adopt data standards.
SEC. 902. CLASSIFIED AND PROTECTED INFORMATION.
(a) In General.--Nothing in this Act or the amendments made by this
Act shall require the disclosure to the public of--
(1) information that would be exempt from disclosure under
section 552 of title 5, United States Code (commonly known as
the ``Freedom of Information Act''); or
(2) information protected under section 552a of title 5,
United States Code (commonly known as the ``Privacy Act of
1974''), or section 6103 of the Internal Revenue Code of 1986.
(b) Existing Agency Regulations.--Nothing in this Act or the
amendments made by this Act shall be construed to require the Secretary
of the Treasury, the Securities and Exchange Commission, the Federal
Deposit Insurance Corporation, the Comptroller of the Currency, the
Bureau of Consumer Financial Protection, the Board of Governors of the
Federal Reserve System, the National Credit Union Administration Board,
or the Federal Housing Finance Agency to amend existing regulations and
procedures regarding the sharing and disclosure of nonpublic
information, including confidential supervisory information.
SEC. 903. DISCRETIONARY SURPLUS FUND.
(a) In General.--The dollar amount specified under section
7(a)(3)(A) of the Federal Reserve Act (12 U.S.C. 289(a)(3)(A)) is
reduced by $100,000,000.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on September 30, 2031.
SEC. 904. DETERMINATION OF BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the House Budget Committee,
provided that such statement has been submitted prior to the vote on
passage.
Passed the House of Representatives October 25, 2021.
Attest:
CHERYL L. JOHNSON,
Clerk. | Financial Transparency Act of 2021 | To amend securities and banking laws to make the information reported to financial regulatory agencies electronically searchable, to further enable the development of RegTech and Artificial Intelligence applications, to put the United States on a path towards building a comprehensive Standard Business Reporting program to ultimately harmonize and reduce the private sector’s regulatory compliance burden, while enhancing transparency and accountability, and for other purposes.
To amend securities, commodities, and banking laws to make the information reported to financial regulatory agencies electronically searchable, to further enable the development of RegTech and Artificial Intelligence applications, to put the United States on a path towards building a comprehensive Standard Business Reporting program to ultimately harmonize and reduce the private sector's regulatory compliance burden, while enhancing transparency and accountability, and for other purposes. | Financial Transparency Act of 2021
Financial Transparency Act of 2021
Financial Transparency Act of 2021 | Rep. Maloney, Carolyn B. | D | NY |
1,135 | 549 | S.3081 | Taxation | Tax Free Education Act of 2021
This bill permits tax-free distributions of up to $5,250 from 401(k) plans for qualified higher and elementary and secondary education expenses and penalty-free withdrawals from individual retirement accounts (IRAs) for student loan expenses.
The bill also excludes from gross income, for income tax purposes, distributions up to $5,250 from employer-sponsored student loan and tuition payment plans. It repeals the limitation on the deduction of interest on student loans and increases from $15,000 to $25,000 (adjusted for inflation) the maximum contribution amounts for certain tax-preferred retirement plans.
The bill allows employees an election to treat contributions to a 401(k) plan as Roth contributions (thus exempting withdrawals from such plans from tax at retirement).
Finally, the bill allows individual taxpayers a new tax deduction for their qualified higher and elementary and secondary education expenses. | To amend the Internal Revenue Code of 1986 to permit withdrawals from
certain retirement plans for repayment of student loan debt, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tax Free Education Act of 2021''.
SEC. 2. WITHDRAWALS FOR HIGHER EDUCATION EXPENSES.
(a) 401(k) Plans.--Paragraph (14) of section 401(k) of the Internal
Revenue Code of 1986 is amended by adding at the end the following new
subparagraph:
``(C) Distributions for qualified education
expenses.--
``(i) In general.--A distribution shall be
treated as made upon hardship of the employee
to the extent that the aggregate amount of such
distributions during the taxable year does not
exceed the lesser of--
``(I) the amount paid by the
taxpayer for qualified education
expenses for any individual during such
taxable year, or
``(II) $5,250.
``(ii) Distribution must be otherwise
disallowed.--Clause (i) shall not apply to any
distribution which is permissible under
paragraph (2)(B)(i) (including distributions
which would be treated as made upon hardship of
the employee without regard to this
subparagraph).
``(iii) No requirement to demonstrate
hardship.--Clause (i) shall apply without
regard to any requirement to demonstrate
financial need or hardship, or to demonstrate
that other assets are not available to pay the
qualified education expenses.
``(iv) Additional tax under section 72(t)
not to apply.--No tax shall be imposed under
section 72(t) on any amount treated as a
hardship distribution by reason of clause (i).
``(v) Qualified education expenses.--For
purposes of this subparagraph, the term
`qualified education expenses' has the meaning
given such term by section 530(b)(2)(A),
applied without regard to subparagraph (B) of
section 530(b)(2).''.
(b) 403(b) Plans.--Paragraph (11) of section 403(b) of the Internal
Revenue Code of 1986 is amended by adding at the end the following:
``Under rules similar to the rules of section 401(k)(14)(C), a
distribution shall be treated as made upon hardship of the employee to
the extent that the aggregate amount of such distributions during the
taxable year does not exceed the lesser of the amount paid by the
taxpayer for qualified education expenses during such taxable year, or
$5,250.''.
(c) 457 Plans.--Paragraph (1) of section 457(d) of the Internal
Revenue Code of 1986 is amended by adding at the end the following:
``Under rules similar to the rules of section 401(k)(14)(C) (and
without regard to whether the expenses are unforeseen), a distribution
shall be treated as made by reason of unforeseen emergency to the
extent that the aggregate amount of such distributions during the
taxable year does not exceed the lesser of the amount paid by the
taxpayer for qualified education expenses during such taxable year, or
$5,250.''.
(d) Effective Date.--The amendments made by this section shall
apply to distributions made after December 31, 2021.
SEC. 3. WITHDRAWALS FOR STUDENT LOAN EXPENSES.
(a) IRAs.--Paragraph (7) of section 72(t) of the Internal Revenue
Code of 1986 is amended by adding at the end the following new
subparagraph:
``(C) Student loans.--Such term shall include
amounts paid in repayment of any loan made to an
individual described in subparagraph (A) to assist the
individual in attending an educational organization
described in section 170(b)(1)(A)(ii).''.
(b) 401(k)s.--Clause (v) of section 401(k)(14)(C), as added by
section 2, is amended--
(1) by striking ``applied without regard'' and inserting
``applied--
``(I) without regard'';
(2) by striking the period at the end and inserting ``,
and''; and
(3) by adding at the end the following new subclause:
``(II) by treating amounts
described in section 72(t)(7)(C) as
qualified higher education expenses.''.
(c) Effective Date.--The amendment made by this section shall apply
to distributions made after December 31, 2021.
SEC. 4. EXCLUSION OF DISTRIBUTIONS FOR EDUCATIONAL EXPENSES.
(a) In General.--Section 402 of the Internal Revenue Code of 1986
is amended by adding at the end the following new subsection:
``(m) Distributions for Qualified Education Expenses.--
``(1) In general.--Gross income for the taxable year does
not include--
``(A) any distribution from a qualified cash or
deferred arrangement (as defined in section 401(k)(2)),
an annuity contract described in section 403(b), or an
eligible deferred compensation plan described in
section 457(b) which is maintained by an eligible
employer described in section 457(e)(1)(A), which is
treated as made upon hardship of the employee by reason
of section 401(k)(14)(C), the last sentence of section
403(b)(11), or the last sentence of section 457(d)(1),
or
``(B) any distribution from an individual
retirement account (as defined in section 408(a)) to
which section 72(t)(2)(E) applies.
``(2) Distributions must otherwise be includible.--
``(A) In general.--An amount shall be treated as
described in paragraph (1) only to the extent that such
amount would be includible in gross income without
regard to such paragraph.
``(B) Application of section 72.--In determining
whether a distribution would be includible in gross
income but for this subsection, rules similar to the
rules of subsection (l)(3)(B) shall apply (by taking
into account all retirement plans in which the taxpayer
is a participant).''.
(b) Coordination With Deductions and Credits.--
(1) Coordination with american opportunity and lifetime
learning credits.--
(A) In general.--Paragraph (2) of section 25A(g) of
the Internal Revenue Code of 1986 is amended by
redesignating subparagraph (C) as subparagraph (D), by
striking ``and'' at the end of subparagraph (B), and by
inserting after subparagraph (B) the following new
subparagraph:
``(C) a distribution from a qualified cash or
deferred arrangement (as defined in section 401(k)(2)),
an annuity contract described in section 403(b), an
eligible deferred compensation plan described in
section 457(b) which is maintained by an eligible
employer described in section 457(e)(1)(A), or an
individual retirement account (as defined in section
408(a)) which is excluded from gross income of the
distributee under section 402(m) (other than any
portion of such a distribution which is attributable to
the repayment of a loan described in section
72(t)(7)(C)), and''.
(B) Coordination with waiver of penalty.--
Subparagraph (B) of section 72(t)(7) is amended by
inserting ``(without regard to subparagraph (C)
thereof)'' before the period.
(2) Deduction for interest on education loans.--The first
sentence of paragraph (1) of section 221(e) of such Code is
amended--
(A) by striking ``or''; and
(B) by inserting before the period at the end the
following: ``, or for any amount paid with a
distribution which is excluded from gross income under
section 402(m)''.
(c) Effective Date.--The amendment made by this section shall apply
to distributions made after December 31, 2021.
SEC. 5. MODIFICATION OF INCLUSION OF EMPLOYER STUDENT LOAN PAYMENTS IN
EDUCATIONAL ASSISTANCE PROGRAMS.
(a) In General.--Subparagraph (B) of section 127(c)(1) of the
Internal Revenue Code of 1986 is amended to read as follows:
``(B) the payment, by an employer, of amounts in
repayment of any loan made to the employee to assist
the employee in attending an educational organization
described in section 170(b)(1)(A)(ii), and''.
(b) Denial of Double Benefit.--Paragraph (1) of section 221(e) of
the Internal Revenue Code of 1986, as amended by section 4, is further
amended by striking ``any indebtedness on a qualified education loan of
the taxpayer'' and inserting ``amounts in repayment of any loan
described in section 127(c)(1)(B)''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2021.
SEC. 6. REPEAL OF CAP ON DEDUCTION FOR INTEREST ON EDUCATION LOANS.
(a) In General.--Section 221 of the Internal Revenue Code of 1986
is amended by striking subsections (b) and (f).
(b) Carryover of Excess Interest.--Section 221 of the Internal
Revenue Code of 1986, as so amended, is amended by inserting after
subsection (a) the following new subsection:
``(b) Carryover.--If the amount of the deduction allowable under
subsection (a) exceeds the taxable income of the taxpayer for the
taxable year (determined without regard to this section), then an
amount equal to such excess shall be treated as interest paid by the
taxpayer in the succeeding taxable year on a qualified education
loan.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
SEC. 7. EMPLOYER ROTH CONTRIBUTIONS.
(a) In General.--Subsection (a) of section 402A of the Internal
Revenue Code of 1986 is amended--
(1) by striking ``and'' at the end of paragraph (1);
(2) by redesignating paragraph (2) as paragraph (3); and
(3) by inserting after paragraph (1) the following new
paragraph:
``(2) in the case of a qualified cash or deferred
arrangement (as defined in section 401(k)(2)), any designated
Roth employer contribution made pursuant to the arrangement
shall be treated for purposes of this chapter in the same
manner as contributions described in section 401(k)(3)(D)(ii),
except that such contribution shall not be excludable from
gross income, and''.
(b) Conforming Amendments.--
(1) Paragraph (1) of section 402A(b) of the Internal
Revenue Code of 1986 is amended--
(A) by striking ``may elect to make'' and inserting
``may elect--
``(A) to make'';
(B) by striking the period at the end and inserting
``, and''; and
(C) by adding at the end the following new
subparagraph:
``(B) in the case of a qualified cash or deferred
arrangement (as defined in section 401(k)(2)), to have
the employee's employer make designated Roth employer
contributions in lieu of all or a portion of the
matching or nonelective contributions the employee is
otherwise eligible to receive under the arrangement.''.
(2) Paragraph (2)(A) of section 402A(b) of such Code is
amended by striking ``of each employee'' and inserting ``and
designated Roth employer contributions with respect to each
employee''.
(3) Subparagraph (B) of section 402A(d)(2) of such Code is
amended by inserting ``, or elected to have made a designated
Roth employer contribution,'' after ``designated Roth
contribution'' both places it appears in clauses (i) and (ii).
(c) Designated Roth Employer Contribution.--Subsection (c) of
section 402A of the Internal Revenue Code of 1986 is amended--
(1) by inserting ``and Designated Roth Employer
Contributions'' after ``Designated Roth Contributions'' in the
heading, and
(2) by adding at the end the following new paragraph:
``(5) Designated roth employer contribution.--
``(A) In general.--The term `designated Roth
employer contribution' means any contribution described
in subparagraph (B) made under a qualified cash or
deferred arrangement (as defined in section 401(k)(2))
which--
``(i) is excludable from gross income of an
employee without regard to this section, and
``(ii) the employee designates (at such
time and in such manner as the Secretary may
prescribe) as not being so excludable.
``(B) Contributions described.--The contributions
described in this subparagraph are--
``(i) matching contributions (as defined in
section 401(m)(4)(A)) which meet the
requirements of subparagraphs (B) and (C) of
section 401(k)(2), and
``(ii) qualified nonelective contributions
(within the meaning of section 401(m)(4)(C)).
``(C) Designation limits.--The amount of matching
contributions and qualified nonelective contributions
which an employee may designate under subparagraph (A)
shall not exceed the excess (if any) of--
``(i) the maximum amount of such
contributions excludable from gross income of
the employee for the taxable year (without
regard to this section), over
``(ii) the aggregate amount of such
contributions with respect to the employee for
the taxable year which the employee does not
designate under subparagraph (A).''.
(d) Effective Date.--The amendments made by this section shall
apply to contributions made in taxable years beginning after December
31, 2021.
SEC. 8. MAXIMUM CONTRIBUTIONS.
(a) Elective Deferrals.--
(1) In general.--Subparagraph (B) of section 402(g)(1) of
the Internal Revenue Code of 1986 is amended by striking
``$15,000'' and inserting ``$25,000''.
(2) Cost-of-living adjustment.--Paragraph (4) of section
402(g) of such Code is amended--
(A) by striking ``$15,000'' and inserting
``$25,000'';
(B) by striking ``December 31, 2006'' and inserting
``December 31, 2022''; and
(C) by striking ``July 1, 2005'' and inserting
``July 1, 2021''.
(3) Conforming amendment.--Clause (ii) of section
402(g)(7)(A) of such Code is amended by striking ``$15,000''
and inserting ``$25,000''.
(b) 457 Plans.--
(1) In general.--Subparagraph (A) of section 457(e)(15) of
the Internal Revenue Code of 1986 is amended by striking
``$15,000'' and inserting ``$25,000''.
(2) Cost-of-living adjustment.--Subparagraph (B) of section
457(e)(15) of such Code is amended--
(A) by striking ``$15,000'' and inserting
``$25,000'';
(B) by striking ``December 31, 2006'' and inserting
``December 31, 2022''; and
(C) by striking ``July 1, 2005'' and inserting
``July 1, 2021''.
(c) Employed Individual 401(k)s.--Subsection (k) of section 401 of
the Internal Revenue Code of 1986 is amended by adding at the end the
following new paragraph:
``(16) Employed individual arrangement.--
``(A) In general.--A cash or deferred arrangement
shall not be treated as failing to meet any requirement
of this subsection solely because, under the
arrangement, an employee may elect to make additional
elective deferrals which are not subject to, and are
not taken into account under, paragraph (3) to a
separate account from other contributions made on
behalf of the employee under the arrangement, if--
``(i) all employees eligible to participate
in the arrangement are eligible to make such
election,
``(ii) the aggregate of all elective
deferrals made by the employee under the
arrangement does not exceed the limitation of
section 402(g), and
``(iii) no matching or nonelective
contributions may be made to such account or
with respect to elective deferrals contributed
to such account.
``(B) Distribution, etc. rules to apply.--The rules
of this subsection, other than paragraph (3), shall
apply to any account established under subparagraph
(A).
``(C) Elective deferral.--For purposes of this
paragraph, the term `elective deferral' means any
employer contribution under a qualified cash or
deferred arrangement to the extent not includible in
gross income for the taxable year under section
402(e)(3) (determined without regard to section
402(g)).''.
(d) Effective Date.--The amendments made by this section shall
apply to contributions made in taxable years beginning after December
31, 2021.
SEC. 9. DEDUCTION FOR QUALIFIED EDUCATION EXPENSES.
(a) In General.--Part VII of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 is amended--
(1) by redesignating section 224 as section 225; and
(2) by inserting after section 223 the following new
section:
``SEC. 224. QUALIFIED EDUCATION EXPENSES.
``(a) Deduction Allowed.--In the case of an individual, there shall
be allowed as a deduction for the taxable year an amount equal to the
qualified education expenses paid or incurred during such taxable year
for the taxpayer or any other individual.
``(b) Qualified Education Expenses.--For purposes of this section,
the term `qualified education expenses' means--
``(1) qualified education expenses as defined in section
530(b)(2)(A), applied without regard to subparagraph (B) of
section 530(b)(2), and
``(2) amounts paid in repayment of any loan made to an
individual to assist the individual in attending an educational
organization described in section 170(b)(1)(A)(ii).
``(c) Denial of Double Benefit.--For purposes of subsection (a),
the qualified education expenses with respect to any taxpayer shall be
reduced by--
``(1) the amount of any distribution from a qualified cash
or deferred arrangement (as defined in section 401(k)(2)), an
annuity contract described in section 403(b), an eligible
deferred compensation plan described in section 457(b) which is
maintained by an eligible employer described in section
457(e)(1)(A), or an individual retirement account (as defined
in section 408(a)) which is excluded from gross income of the
taxpayer under section 402(m) (other than any portion of such a
distribution which is attributable to the repayment of a loan
described in section 72(t)(7)(C)), and
``(2) the amount of any such expenses taken into account in
determining any credit or any other deduction under any other
provision of this chapter.
``(d) Carryforward of Unused Amount.--If any portion of the
deduction allowed by subsection (a) for the taxable year is disallowed
by reason of any limitation (including the amount of income of the
taxpayer), such portion shall be treated as a deduction allowable under
subsection (a) in the succeeding taxable year.''.
(b) Deduction Allowed Above the Line.--Subsection (a) of section 62
of the Internal Revenue Code of 1986 is amended by inserting after
paragraph 21 the following new paragraph:
``(22) Qualified education expenses.--The deduction allowed
by section 224.''.
(c) Clerical Amendment.--The table of sections for part VII of
subchapter B of chapter 1 of the Internal Revenue Code of 1986 is
amended by striking the item relating to section 224 and by inserting
after the item relating to section 223 the following new items:
``Sec. 224. Qualified education expenses.
``Sec. 225. Cross reference.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2021.
<all> | Tax Free Education Act of 2021 | A bill to amend the Internal Revenue Code of 1986 to permit withdrawals from certain retirement plans for repayment of student loan debt, and for other purposes. | Tax Free Education Act of 2021 | Sen. Paul, Rand | R | KY |
1,136 | 6,058 | H.R.4841 | Labor and Employment |
Restoring Justice for Workers Act
This bill prohibits predispute arbitration agreements that require arbitration of an employment dispute.
It allows a postdispute arbitration agreement if the employee enters into it voluntarily without coercion and is informed in writing of rights and protections under such agreement. An employer may not retaliate against an employee for refusing to enter into an agreement for arbitrating an employment dispute. | To prohibit forced arbitration in work disputes, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Restoring Justice for Workers Act''.
SEC. 2. PURPOSES.
The purposes of this Act are to--
(1) prohibit predispute arbitration agreements that require
arbitration of work disputes;
(2) prohibit retaliation against workers for refusing to
arbitrate work disputes;
(3) provide protections to ensure that postdispute
arbitration agreements are truly voluntary and with the
informed consent of workers; and
(4) amend the National Labor Relations Act to prohibit
agreements and practices that interfere with employees' right
to engage in concerted activity regarding work disputes.
SEC. 3. ARBITRATION OF WORK DISPUTES.
(a) In General.--Title 9 of the United States Code is amended by
adding at the end the following:
``CHAPTER 4--ARBITRATION OF WORK DISPUTES
``Sec.
``401. Definitions.
``402. Validity and enforceability.
``Sec. 401. Definitions
``In this chapter--
``(1) the terms `commerce', `employee', and `employer' have
the meanings given the terms in section 3 of the Fair Labor
Standards Act of 1938 (29 U.S.C. 203);
``(2) the term `covered entity' means--
``(A) an employer; or
``(B) an individual or entity that is not acting as
an employer and engages the services of a worker;
``(3) the term `predispute arbitration agreement' means any
agreement to arbitrate a dispute that had not yet arisen at the
time of the making of the agreement;
``(4) the term `postdispute arbitration agreement' means
any agreement to arbitrate a dispute that arose before the time
of the making of the agreement;
``(5) the term `worker' means--
``(A) an employee; or
``(B) an individual who is engaged by a covered
entity to perform services or work as an independent
contractor (regardless of the label or classification
assigned or used by the covered entity); and
``(6) the term `work dispute'--
``(A) means a dispute between one or more workers
(or their authorized representatives) and a covered
entity arising out of or related to the work
relationship or prospective work relationship between
the workers and the covered entity; and
``(B) includes, but is not limited to--
``(i) a dispute regarding the terms of,
payment for, advertising of, recruitment of,
referring of, arranging for, or discipline or
discharge in connection with such work;
``(ii) a dispute arising under any law
referred to or described in section 62(e) of
the Internal Revenue Code of 1986, including
any part of such a law not explicitly
referenced in such section that relates to
protecting individuals on a basis that is
protected under a law referred to or described
in such section; and
``(iii) a dispute in which an individual or
individuals seek certification--
``(I) as a class under rule 23 of
the Federal Rules of Civil Procedure;
``(II) as a collective action under
section 16(b) of the Fair Labor
Standards Act of 1938 (29 U.S.C.
216(b)); or
``(III) under a comparable rule or
provision of State law.
``Sec. 402. Validity and enforceability
``(a) In General.--Notwithstanding any other chapter of this
title--
``(1) no predispute arbitration agreement shall be valid or
enforceable if it requires arbitration of a work dispute;
``(2) no postdispute arbitration agreement that requires
arbitration of a work dispute shall be valid or enforceable
unless--
``(A) the agreement was not required by the covered
entity, obtained by coercion or threat of adverse
action, or made a condition of employment, work, or any
employment-related or work-related privilege or
benefit;
``(B) each worker entering into the agreement was
informed in writing using sufficiently plain language
likely to be understood by the average worker of--
``(i) the right of the worker under
paragraph (3) to refuse to enter the agreement
without retaliation; and
``(ii) the protections under section
8(a)(6) of the National Labor Relations Act (29
U.S.C. 158(a)(6));
``(C) each worker entering into the agreement
entered the agreement after a waiting period of not
fewer than 45 days, beginning on the date on which the
worker was provided both the final text of the
agreement and the disclosures required under
subparagraph (B); and
``(D) each worker entering into the agreement
affirmatively consented to the agreement in writing;
``(3) no agreement shall be valid or enforceable, whereby
prior to a work dispute to which the agreement applies, a
worker undertakes or promises not to pursue, bring, join,
litigate, or support any kind of joint, class, or collective
claim arising from or relating to a work dispute in any forum
that, but for such agreement, is of competent jurisdiction;
``(4) no agreement shall be valid or enforceable, whereby
after a work dispute to which the agreement applies arises, a
worker undertakes or promises not to pursue, bring, join,
litigate, or support any kind of joint, class, or collective
claim arising from or relating to a work dispute in any forum
that, but for such agreement, is of competent jurisdiction,
unless the agreement meets the requirements of paragraph (2) of
this subsection; and
``(5) no covered entity may retaliate or threaten to
retaliate against a worker for refusing to enter into an
agreement that provides for arbitration of a work dispute.
``(b) Statute of Limitations.--During the waiting period described
in subsection (a)(2)(C), the statute of limitations for any claims that
arise from or form the basis for the applicable work dispute shall be
tolled.
``(c) Civil Action.--Any person who is injured by reason of a
violation of subsection (a)(5) may bring a civil action in the
appropriate district court of the United States against the covered
entity within 2 years of the violation, or within 3 years if such
violation is willful. Relief granted in such an action shall include a
reasonable attorney's fee, other reasonable costs associated with
maintaining the action, and any appropriate relief authorized by
section 706(g) of the Civil Rights Act of 1964 (42 U.S.C. 2000e-5(g))
or by section 1977A(b) of the Revised Statutes (42 U.S.C. 1981a(b)).
``(d) Applicability.--
``(1) In general.--This chapter applies to covered entities
and workers engaged in activity affecting commerce to the
fullest extent permitted by the Constitution of the United
States, including the work of persons engaged in domestic
service in households, as described in section 2(a) of the Fair
Labor Standards Act of 1938 (29 U.S.C. 202(a)). An issue as to
whether this chapter applies to an arbitration agreement shall
be determined under Federal law. The applicability of this
chapter to an agreement to arbitrate and the validity and
enforceability of an agreement to which this chapter applies
shall be determined by a court, rather than an arbitrator,
regardless of whether any contractual provision purports to
delegate such determinations to the arbitrator and irrespective
of whether the party resisting arbitration challenges the
arbitration agreement specifically or in conjunction with other
terms of the contract containing such agreement.
``(2) Collective bargaining agreements.--Nothing in this
chapter shall apply to any arbitration provision in a contract
between a covered entity and a labor organization, except that
no such arbitration provision shall have the effect of waiving
the right of a worker to seek judicial enforcement of a right
arising under a provision of the Constitution of the United
States, the constitution of a State, or a Federal or State
statute, or public policy arising therefrom.''.
(b) Technical and Conforming Amendments.--
(1) In general.--Title 9 of the United States Code is
amended--
(A) in section 1, by striking ``of seamen,'' and
all that follows through ``interstate commerce'';
(B) in section 2, by inserting ``or as otherwise
provided in chapter 4'' before the period at the end;
(C) in section 208--
(i) in the section heading, by striking
``Chapter 1; residual application'' and
inserting ``Application''; and
(ii) by adding at the end the following:
``This chapter applies to the extent that this
chapter is not in conflict with chapter 4.'';
and
(D) in section 307--
(i) in the section heading, by striking
``Chapter 1; residual application'' and
inserting ``Application''; and
(ii) by adding at the end the following:
``This chapter applies to the extent that this
chapter is not in conflict with chapter 4.''.
(2) Table of sections.--
(A) Chapter 2.--The table of sections for chapter 2
of title 9, United States Code, is amended by striking
the item relating to section 208 and inserting the
following:
``208. Application.''.
(B) Chapter 3.--The table of sections for chapter 3
of title 9, United States Code, is amended by striking
the item relating to section 307 and inserting the
following:
``307. Application.''.
(3) Table of chapters.--The table of chapters for title 9,
United States Code, is amended by adding at the end the
following:
``4. Arbitration of work disputes........................... 401.''.
SEC. 4. PROTECTION OF CONCERTED ACTIVITY.
(a) Agreements.--Section 8(a) of the National Labor Relations Act
(29 U.S.C. 158(a)) is amended--
(1) in paragraph (5), by striking the period at the end and
inserting ``; and''; and
(2) by adding at the end the following:
``(6)(A) to enter into or attempt to enforce any agreement,
express or implied, whereby prior to a dispute to which the
agreement applies, an employee undertakes or promises not to
pursue, bring, join, litigate, or support any kind of joint,
class, or collective claim arising from or relating to the
employment of such employee in any forum that, but for such
agreement, is of competent jurisdiction;
``(B) to coerce such an employee into undertaking or
promising not to pursue, bring, join, litigate, or support any
kind of joint, class, or collective claim arising from or
relating to the employment of such employee; or
``(C) to retaliate or threaten to retaliate against an
employee for refusing to undertake or promise not to pursue,
bring, join, litigate, or support any kind of joint, class, or
collective claim arising from or relating to the employment of
such employee:
Provided, That any agreement that violates this paragraph or
results from a violation of this paragraph shall be to such
extent unenforceable and void: Provided further, That this
paragraph shall not apply to any agreement embodied in or
expressly permitted by a contract between an employer and a
labor organization.''.
(b) Conforming Amendment.--Section 10(b) of the National Labor
Relations Act (29 U.S.C. 160(b)) is amended by striking ``discharge''
and inserting ``discharge, or unless the person aggrieved thereby is an
employee alleging a violation of section 8(a)(6) whose charge involves
a postdispute arbitration agreement that meets the requirements under
section 402(a)(2) of title 9, United States Code, or an agreement
described in section 402(a)(4) of such title that meets the
requirements under subparagraphs (A) through (D) of section 402(a)(2)
of such title, in which event the six-month period shall be computed
from the day the waiting period described in subparagraph (C) of such
section ends''.
SEC. 5. EFFECTIVE DATE.
This Act, and the amendments made by this Act, shall take effect on
the date of enactment of this Act and shall apply with respect to any
dispute or claim that arises or accrues on or after such date,
including any dispute or claim to which an agreement predating such
date applies.
<all> | Restoring Justice for Workers Act | To prohibit forced arbitration in work disputes, and for other purposes. | Restoring Justice for Workers Act | Rep. Nadler, Jerrold | D | NY |
1,137 | 11,134 | H.R.6726 | Congress | Congress Leadership in Ending Annuities for Dishonorable Service Act or the Congress LEADS Act
This bill prohibits a Member of Congress who is convicted of sexual abuse from collecting a retirement annuity under either the Civil Service Retirement System or the Federal Employees Retirement System. | To amend title 5, United States Code, to provide that a Member of
Congress convicted of certain felony offenses relating to sexual abuse
shall not be eligible for retirement benefits based on that
individual's Member 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. SHORT TITLE.
This Act may be cited as the ``Congress Leadership in Ending
Annuities for Dishonorable Service Act'' or the ``Congress LEADS Act''.
SEC. 2. FORFEITURE OF CSRS OR FERS ANNUITY BASED ON SERVICE AS A MEMBER
OF CONGRESS AFTER CONVICTION OF FELONY SEXUAL ABUSE.
(a) Civil Service Retirement System.--Section 8332(o)(2) of title
5, United States Code, is amended--
(1) in subparagraph (A)(iii)--
(A) by striking ``or'' at the end of subclause (I);
(B) by striking the period at the end of subclause
(II) and inserting ``; or''; and
(C) by adding at the end the following:
``(III) is committed after the date of enactment of
the Congress Leadership in Ending Annuities for
Dishonorable Service Act and is described in
subparagraph (B)(xxxii).''; and
(2) in subparagraph (B), by adding at the end the
following:
``(xxxii) An offense under chapter 109A of title 18
(relating to sexual abuse).''.
(b) Federal Employees Retirement System.--Section 8411(l)(2)(C) of
title 5, United States Code, is amended by striking the period at the
end and inserting the following: ``, or, in the case of an offense
described in section 8332(o)(2)(B)(xxxii), after the date of enactment
of the Congress Leadership in Ending Annuities for Dishonorable Service
Act.''.
(c) Application.--For purposes of applying section 8332(o) or
8411(l) of title 5, United States Code, the amendments made by this
section shall apply to any act or omission occurring after the date of
enactment of this Act.
<all> | Congress LEADS Act | To amend title 5, United States Code, to provide that a Member of Congress convicted of certain felony offenses relating to sexual abuse shall not be eligible for retirement benefits based on that individual's Member service, and for other purposes. | Congress LEADS Act
Congress Leadership in Ending Annuities for Dishonorable Service Act | Rep. Crow, Jason | D | CO |
1,138 | 5,594 | H.R.3760 | Commerce | Point Roberts Small Business Fairness Act
This bill requires the Small Business Administration (SBA) to establish a program to make forgivable loans to certain small businesses that are impacted by border closures due to COVID-19 (i.e., coronavirus disease 2019).
Eligible small businesses must (1) have experienced a loss in revenue that is greater than 50% during the second, third, or fourth quarter of 2020 compared with the same period in the previous year; and (2) show that the closure of the U.S.-Canada border directly resulted in a reduction in gross receipts or restricted the ability of American customers to access the location of such businesses.
The maximum loan amount shall be equal to 75% of the business's FY2019 revenue, and the SBA shall forgive 100% of the value of such loan, less the amount the borrower received from (1) any other loan forgiveness program, or (2) any emergency advance under the economic impact disaster loan program. | To direct the Administrator of the Small Business Administration to
establish a forgivable loan program for certain businesses located near
the United States and Canadian border, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Point Roberts Small Business
Fairness Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Small Business Administration.
(2) Covered business.--The term ``covered business'' means
a small business concern (as defined in section 3 of the Small
Business Act (15 U.S.C. 632))--
(A) located in the contiguous United States;
(B) located within 75 miles of the United States
and Canadian border; and
(C) only accessible by land via Canada.
SEC. 3. FORGIVABLE LOAN PROGRAM FOR COVERED BUSINESSES.
(a) In General.--The Administrator shall establish a program to
make forgivable loans available to covered businesses that had gross
receipts during the second, third, or fourth quarter of 2020 that
demonstrate a greater than 50 percent reduction from the gross receipts
of the entity during the same quarter in 2019.
(b) Eligibility.--To be eligible for a forgivable loan under
subsection (a), a covered business shall--
(1) have been in operation on March 1, 2020; and
(2) show that the closure of the United States and Canadian
border--
(A) directly resulted in a reduction in the gross
receipts of the covered business; or
(B) restricted the ability of customers to access
the location of the covered business.
(c) Loan Amount.--The maximum loan amount under subsection (a)
shall be equal to 75 percent of the gross annual receipts for the
covered business for fiscal year 2019.
(d) Forgiveness.--Not later than 1 year after the date of enactment
of this Act, the Administrator shall forgive 100 percent of the value
of a loan made to a covered business under subsection (a) less the
amount the covered business received from--
(1) any other loan forgiveness program, including any
program established under the CARES Act (Public Law 116-136);
or
(2) an advance under section 1110 of the CARES Act (15
U.S.C. 9009).
<all> | Point Roberts Small Business Fairness Act | To direct the Administrator of the Small Business Administration to establish a forgivable loan program for certain businesses located near the United States and Canadian border, and for other purposes. | Point Roberts Small Business Fairness Act | Rep. DelBene, Suzan K. | D | WA |
1,139 | 3,202 | S.5171 | Health | Protecting Our Children from the CDC Act
This bill prohibits the inclusion of any COVID-19 vaccine on the child and adolescent immunization schedule (which lists the vaccines recommended by the Advisory Committee on Immunization Practice for those populations) unless all clinical data related to the safety and efficacy of the vaccine is published on the website of the Centers for Disease Control and Prevention. | To amend the Public Health Service Act to prohibit the Secretary of
Health and Human Services from placing any vaccine for COVID-19 on the
child and adolescent immunization schedule unless the Secretary has
posted on the public website of the Centers for Disease Control and
Prevention all clinical data in the possession of the Department of
Health and Human Services relating to the safety and efficacy of such
vaccine, and for other purposes.
Be it enacted by the Senate 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 Our Children from the CDC
Act''.
SEC. 2. POSTING OF ALL CLINICAL DATA FOR COVID-19 VACCINES BEFORE
PLACEMENT ON CHILD AND ADOLESCENT SCHEDULE.
Part C of subtitle 2 of title XXI of the Public Health Service Act
(42 U.S.C. 300aa-25 et seq.) is amended by adding at the end the
following:
``SEC. 2129. POSTING OF ALL CLINICAL DATA FOR COVID-19 VACCINES BEFORE
PLACEMENT ON CHILD AND ADOLESCENT SCHEDULE.
``(a) No Inclusion of COVID Vaccines.--The Secretary, and any
official, agency, or office of the Department of Health and Human
Services (including the Centers for Disease Control and Prevention and
the Advisory Committee of Immunization Practices), shall not include
any vaccine for COVID-19 on the child and adolescent immunization
schedule unless the Secretary has posted on the public website of the
Centers for Disease Control and Prevention all clinical data in the
possession of the Department of Health and Human Services (including
the Advisory Committee of Immunization Practices) relating to the
safety and efficacy (including any adverse effects) of such vaccine.
All such data posted under this subsection shall be deidentified to
protect all individually identifiable health information, and
information with respect to the agency and sponsor personnel of the
data involved.
``(b) Vaccines Already on Schedule as of Enactment.--
``(1) Removal.--Any vaccine for COVID-19 that is included
on the child and adolescent immunization schedule as of the
date of enactment of this section is hereby deemed to be
removed from such schedule.
``(2) Administrative action.--The Secretary shall take such
actions as may be necessary to effectuate the removal of a
vaccine from the child and adolescent immunization schedule by
operation of paragraph (1).
``(3) Rule of construction.--The removal of a vaccine from
the child and adolescent immunization schedule by operation of
paragraph (1) shall not be construed to affect the authority of
the Secretary (or other officials, agencies, or offices) to
place such vaccine back on such schedule so long as such
placement is in accordance with subsection (a) and other
applicable provisions of law.
``(c) Definition.--In this section, the term `child and adolescent
immunization schedule' means the child and adolescent immunization
schedule of the Advisory Committee of Immunization Practices (or any
successor schedule).''.
<all> | Protecting Our Children from the CDC Act | A bill to amend the Public Health Service Act to prohibit the Secretary of Health and Human Services from placing any vaccine for COVID-19 on the child and adolescent immunization schedule unless the Secretary has posted on the public website of the Centers for Disease Control and Prevention all clinical data in the possession of the Department of Health and Human Services relating to the safety and efficacy of such vaccine, and for other purposes. | Protecting Our Children from the CDC Act | Sen. Lee, Mike | R | UT |
1,140 | 9,166 | H.R.8795 | Civil Rights and Liberties, Minority Issues | Wayne Ford Racial Impact Statement Act of 2022
This bill requires the Government Accountability Office (GAO) to prepare a minority impact assessment for each bill or joint resolution that establishes or modifies a crime, criminal penalties, or pretrial, sentencing, or probation procedures, or that could otherwise affect the number of people who are federally incarcerated, and that is under the jurisdiction of specified congressional subcommittees; GAO must also prepare assessments for similar proposed rules. Assessments must include information relating to the fiscal and demographic impact of proposed changes on prisons, prison populations, and the criminal justice system. | To establish a process for the creation of minority impact assessments
to determine whether pending bills, if enacted, are likely to create or
exacerbate disparate outcomes among racial or ethnic minority groups,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Wayne Ford Racial Impact Statement
Act of 2022''.
SEC. 2. FINDINGS; PURPOSE.
(a) Findings.--Congress finds the following:
(1) Minority impact assessments are a tool for lawmakers to
evaluate potential disparities of proposed legislation prior to
adoption and implementation.
(2) There are 5,000 criminal penalties in Federal law and
the number of Federal statutes carrying a criminal penalty has
increased by 50 percent since the 1980s.
(3) The enactment of criminal laws and penalties is a
serious matter and the legislative process should reflect the
gravity of this process.
(4) The United States Sentencing Commission was created to
reduce sentencing disparities, which provides a strong
foundation for equity action in this branch of Government.
(5) Criminal laws conceived and voted on in haste can lead
to the enactment of unnecessary, duplicative, ineffective, or
prejudicial criminal penalties.
(6) In 2008, Iowa was the first State to enact minority
impact assessment legislation, authored by former State
Representative Wayne Ford, requiring that criminal justice
legislation be evaluated with respect to whether it will
disproportionately impact specified minority groups.
(7) The Iowa law created a measurable decline in Black
incarceration rates from 13.6 per 1 White resident to 9 to 1
White residents, demonstrating that minority impact assessments
can effectively address disparities in lawmaking and
sentencing.
(8) Similar legislation has since been considered or
enacted in New York, Arizona, Arkansas, California, Florida,
Hawaii, Illinois, Kentucky, Louisiana, Maryland, Michigan,
Minnesota, Mississippi, Missouri, Nebraska, New Mexico, Ohio,
Oklahoma, Pennsylvania, Texas, Utah, Vermont, Washington,
Wisconsin, Connecticut, Oregon, New Jersey, Colorado, Maine,
and Virginia.
(9) The NAACP and the National Black Caucus of State
Legislators have adopted resolutions in support of Federal
legislation providing for the use of minority impact
assessments.
(10) Precedent for adopting procedural measures that
increase critical deliberation and require independent analysis
at the Federal level of racial disparities in criminal justice
already exists in the form of scores from the Congressional
Budget Office.
(11) Deeply rooted discriminatory policies and practices in
our legal system fuel systemic inequalities and cycles of
poverty and hardship, stigmatize and exclude people with
criminal records, and impede community integration.
(12) Requiring an independent assessment with sobering
information on the impact of legislation that adds or increases
criminal penalties is one way to level the inequities that
disproportionately impact people of color, LGBTQ individuals,
individuals with disabilities, and other vulnerable groups in
sentencing.
(13) Congress must institutionalize a more deliberate and
evidence-based process prior to voting to criminalize conduct
and impose harsh sentences.
(b) Purpose.--The purpose of this Act is to provide a tool for
lawmakers and Federal agencies to determine whether pending bills and
proposed rules, if enacted, are likely to create or exacerbate
disparate outcomes among racial or ethnic minority groups.
SEC. 3. MINORITY IMPACT ASSESSMENT REQUIREMENTS.
(a) Minority Impact Assessments on Legislation.--The Comptroller
General of the United States, in consultation with the Sentencing
Commission and the Administrative Office of the United States Courts,
shall prepare and submit a minority impact assessment to Congress on a
covered bill or joint resolution prior to the consideration of such a
bill or joint resolution on the floor of the House of Representatives
or of the Senate.
(b) Minority Impact Assessments on Rules.--The Comptroller General
of the United States, in consultation with the Sentencing Commission
and the Administrative Office of the United States Courts, shall
prepare and publish in the Federal Register along with the general
notice of proposed rule making required under section 553 of title 5,
United States Code, a minority impact assessment to Congress on a
covered rule.
(c) Minority Impact Assessment Prepared Upon Request.--A member of
Congress may request from the Comptroller General of the United States
a minority impact assessment on a covered bill or joint resolution. The
Comptroller General of the United States shall prepare and submit to
Congress such a minority impact assessment not later than 21 days after
receiving such a request.
(d) Minority Impact Assessment.--A minority impact assessment shall
include--
(1) detailed projections of the impact of the covered bill
or joint resolution or covered rule on pretrial, prison,
probation, and post-prison supervision populations, including--
(A) whether the covered bill or joint resolution or
covered rule would have a negative impact, no impact, a
positive impact, a minimal impact, or an unknown impact
on such populations;
(B) the impact of the covered bill or joint
resolution or covered rule on correctional facilities
and services, including any changes to the operation
costs for correctional facilities, and any decrease or
increase in the populations of individuals incarcerated
in correctional facilities; and
(C) a statistical analysis of how the covered bill
or joint resolution or covered rule would impact
pretrial, prison, probation, and post-prison
supervision populations, disaggregated by race,
ethnicity, disability, gender, and sexual orientation;
(2) an estimate of the fiscal impact of the covered bill or
joint resolution or covered rule on Federal expenditures,
including expenditures on construction and operation of
correctional facilities for the current fiscal year and 5
succeeding fiscal years;
(3) an analysis of any other significant factor affecting
the cost of the covered bill or joint resolution or covered
rule and its impact on the operations of components of the
criminal justice system; and
(4) a detailed and comprehensive statement of the
methodologies and assumptions utilized in preparing the
minority impact assessment.
(e) Annual Assessment.--The Comptroller General of the United
States shall prepare and transmit to the Congress, by March 1 of each
year, a minority impact assessment reflecting the cumulative effect of
all relevant changes in the law taking effect during the preceding
calendar year.
(f) Public Availability.--Not later than 30 days after preparing a
minority impact statement under subsection (a) or (c)--
(1) the Comptroller General of the United States shall
publish such minority impact statement on the website of the
Government Accountability Office; and
(2) the sponsor of such covered bill or joint resolution
shall submit such minority impact statement for publication in
the Congressional Record.
(g) Definitions.--In this section:
(1) Covered bill or joint resolution.--
(A) In general.--The term ``covered bill or joint
resolution'' means a bill or joint resolution that is
referred to the Subcommittee on Crime, Terrorism, and
Homeland Security of the Committee on the Judiciary of
the House of Representatives or the Subcommittee on
Criminal Justice and Counterterrorism of the Committee
on the Judiciary of the Senate and that--
(i) establishes a new crime or offense;
(ii) could increase or decrease the number
of persons incarcerated in Federal penal
institutions;
(iii) modifies a crime or offense or the
penalties associated with a crime or offense
established under current law; or
(iv) modifies procedures under current law
for pretrial detention, sentencing, probation,
and post-prison supervision.
Such term includes a bill or joint resolution that
applies to youth or juveniles.
(B) Treatment of certain bills considered under
rule.--A bill or joint resolution which, upon
introduction in the House of Representatives, is not
referred to the Subcommittee on Crime, Terrorism, and
Homeland Security of the Committee on the Judiciary
shall be treated as a covered bill or joint resolution
under this Act if--
(i) the bill or joint resolution is
considered in the House of Representatives
pursuant to a rule reported by the Committee on
Rules; and
(ii) the bill or joint resolution would
have been referred to such Subcommittee upon
introduction if the text of the bill or joint
resolution as introduced in the House were
identical to the text of the bill or joint
resolution as considered in the House pursuant
to the rule.
(2) Covered rule.--The term ``covered rule'' means a rule
(as such term is defined in section 551 of title 5, United
States Code) that--
(A) could increase or decrease the number of
persons incarcerated in Federal penal institutions;
(B) modifies a crime or offense or the penalties
associated with a crime or offense established under
current law; or
(C) modifies procedures under current law for
pretrial detention, sentencing, probation, and post-
prison supervision.
Such term includes a rule that applies to youth or juveniles.
<all> | Wayne Ford Racial Impact Statement Act of 2022 | To establish a process for the creation of minority impact assessments to determine whether pending bills, if enacted, are likely to create or exacerbate disparate outcomes among racial or ethnic minority groups, and for other purposes. | Wayne Ford Racial Impact Statement Act of 2022 | Rep. Torres, Ritchie | D | NY |
1,141 | 6,824 | H.R.2412 | Public Lands and Natural Resources | This bill extends the authority of the Department of the Interior to provide any assistance for the Illinois and Michigan Canal National Heritage Area in Illinois for another 15-year period. | To extend the authorization of the Illinois and Michigan Canal National
Heritage Area.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. AUTHORIZATION EXTENSION OF THE ILLINOIS AND MICHIGAN CANAL
NATIONAL HERITAGE AREA.
The Illinois and Michigan Canal National Heritage Area Act of 1984
(54 U.S.C. 320101 note; Public Law 98-398) is amended--
(1) in section 125(a), by striking ``$10,000,000'' and
inserting ``$20,000,000''; and
(2) in section 126, by striking ``15'' and inserting
``30''.
<all> | To extend the authorization of the Illinois and Michigan Canal National Heritage Area. | To extend the authorization of the Illinois and Michigan Canal National Heritage Area. | Official Titles - House of Representatives
Official Title as Introduced
To extend the authorization of the Illinois and Michigan Canal National Heritage Area. | Rep. Kinzinger, Adam | R | IL |
1,142 | 2,191 | S.4919 | Immigration | Protecting the Border from Unmanned Aircraft Systems Act
This bill requires the Department of Homeland Security (DHS) to work with the Department of Justice (DOJ), the Federal Aviation Administration, and the Department of Defense to develop a strategy for a unified posture on counter-unmanned aircraft systems capabilities and protections at certain facilities at or near a U.S. international border (generally, facilities or assets considered high-risk or a potential target and that are related to certain DHS or DOJ missions). | To require an interagency strategy for creating a unified posture on
counter-unmanned aircraft systems (C-UAS) capabilities and protections
at international borders of the United States.
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 ``Protecting the Border from
Unmanned Aircraft Systems Act''.</DELETED>
<DELETED>SEC. 2. INTERAGENCY STRATEGY FOR CREATING A UNIFIED POSTURE ON
COUNTER-UNMANNED AIRCRAFT SYSTEMS CAPABILITIES AND
PROTECTIONS AT INTERNATIONAL BORDERS OF THE UNITED
STATES.</DELETED>
<DELETED> (a) Definitions.-- In this section:</DELETED>
<DELETED> (1) Appropriate congressional committees.--The
term ``appropriate congressional committees'' means--</DELETED>
<DELETED> (A) the Committee on Homeland Security and
Governmental Affairs of the Senate;</DELETED>
<DELETED> (B) the Committee on Commerce, Science,
and Transportation of the Senate;</DELETED>
<DELETED> (C) the Committee on the Judiciary of the
Senate;</DELETED>
<DELETED> (D) the Committee on Armed Services of the
Senate;</DELETED>
<DELETED> (E) the Committee on Appropriations of the
Senate;</DELETED>
<DELETED> (F) the Committee on Homeland Security of
the House of Representatives;</DELETED>
<DELETED> (G) the Committee on the Judiciary of the
House of Representatives;</DELETED>
<DELETED> (H) the Committee on Transportation and
Infrastructure of the House of
Representatives;</DELETED>
<DELETED> (I) the Committee on Energy and Commerce
of the House of Representatives;</DELETED>
<DELETED> (J) the Committee on Armed Services of the
House of Representatives; and</DELETED>
<DELETED> (K) the Committee on Appropriations of the
House of Representatives.</DELETED>
<DELETED> (2) Covered facility or asset.--The term ``covered
facility or asset'' has the meaning given such term in section
210G(k)(3) of the Homeland Security Act of 2002 (6 U.S.C.
124n(k)(3)).</DELETED>
<DELETED> (b) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Homeland Security shall
work with the Attorney General, the Administrator of the Federal
Aviation Administration, and the Secretary of Defense to develop a
strategy for creating a unified posture on counter-unmanned aircraft
systems (referred to in this section as ``C-UAS'') capabilities and
protections at--</DELETED>
<DELETED> (1) covered facilities or assets along
international borders of the United States; and</DELETED>
<DELETED> (2) any other border-adjacent covered facilities
or assets at which such capabilities maybe utilized under
Federal law.</DELETED>
<DELETED> (c) Elements.--The strategy required to be developed under
subsection (b) shall include the following elements:</DELETED>
<DELETED> (1) An examination of C-UAS capabilities at
covered facilities or assets along the border, or such other
border-adjacent covered facilities or assets at which such
capabilities may be utilized under Federal law, and their usage
to detect or mitigate credible threats to homeland security,
including the facilitation of illicit activities, or for other
purposes authorized by law.</DELETED>
<DELETED> (2) An examination of efforts to protect privacy
and civil liberties in the context of C-UAS operations,
including with respect to impacts on border communities and
protections of the First and Fourth Amendments to the United
States Constitution.</DELETED>
<DELETED> (3) An examination of intelligence sources and
methods, including drone operators and artificial intelligence
equipment, and relevant due process considerations.</DELETED>
<DELETED> (4) An assessment of the availability and
interoperability of C-UAS detection and mitigation
technology.</DELETED>
<DELETED> (5) An assessment of the training, including
training relating to the protection of privacy and civil
liberties, required for successful operation of C-UAS detection
and mitigation technology.</DELETED>
<DELETED> (6) An assessment of specific methods of
operability for deployment and recommendations for additional
resources needed.</DELETED>
<DELETED> (7) An assessment of interagency research and
development efforts, including the potential for expanding such
efforts.</DELETED>
<DELETED> (d) Submission to Congress.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of Homeland
Security shall submit the strategy developed pursuant to subsection (b)
to the appropriate congressional committees.</DELETED>
<DELETED> (e) Annual Report.--Not later than 180 days after the date
of the enactment of this Act, and annually thereafter for the following
7 years, the Secretary of Homeland Security, the Attorney General, the
Administrator of the Federal Aviation Administration, and the Secretary
of Defense shall jointly submit a report to the appropriate
congressional committees that describes--</DELETED>
<DELETED> (1) the resources necessary to carry out the
strategy developed pursuant to subsection (b); and</DELETED>
<DELETED> (2) any significant developments relating to the
elements described in subsection (c).</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting the Border from Unmanned
Aircraft Systems Act''
SEC. 2. INTERAGENCY STRATEGY FOR CREATING A UNIFIED POSTURE ON COUNTER-
UNMANNED AIRCRAFT SYSTEMS CAPABILITIES AND PROTECTIONS AT
INTERNATIONAL BORDERS OF THE UNITED STATES.
(a) Definitions.-- In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(B) the Committee on Commerce, Science, and
Transportation of the Senate;
(C) the Committee on the Judiciary of the Senate;
(D) the Committee on Armed Services of the Senate;
(E) the Committee on Appropriations of the Senate;
(F) the Committee on Homeland Security of the House
of Representatives;
(G) the Committee on the Judiciary of the House of
Representatives;
(H) the Committee on Transportation and
Infrastructure of the House of Representatives;
(I) the Committee on Energy and Commerce of the
House of Representatives;
(J) the Committee on Armed Services of the House of
Representatives; and
(K) the Committee on Appropriations of the House of
Representatives.
(2) Covered facility or asset.--The term ``covered facility
or asset'' has the meaning given such term in section
210G(k)(3) of the Homeland Security Act of 2002 (6 U.S.C.
124n(k)(3)).
(b) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Homeland Security shall work
with the Attorney General, the Administrator of the Federal Aviation
Administration, and the Secretary of Defense to develop a strategy for
creating a unified posture on counter-unmanned aircraft systems
(referred to in this section as ``C-UAS'') capabilities and protections
at--
(1) covered facilities or assets along international
borders of the United States; and
(2) any other border-adjacent facilities or assets at which
such capabilities maybe utilized under Federal law.
(c) Elements.--The strategy required to be developed under
subsection (b) shall include the following elements:
(1) An examination of C-UAS capabilities at covered
facilities or assets along the border, or such other border-
adjacent facilities or assets at which such capabilities may be
utilized under Federal law, and their usage to detect or
mitigate credible threats to homeland security, including the
facilitation of illicit activities, or for other purposes
authorized by law.
(2) An examination of efforts to protect privacy and civil
liberties in the context of C-UAS operations, including with
respect to impacts on border communities and protections of the
First and Fourth Amendments to the United States Constitution.
(3) An examination of intelligence sources and methods,
including drone operators and artificial intelligence
equipment, and relevant due process considerations.
(4) An assessment of the availability and interoperability
of C-UAS detection and mitigation technology.
(5) An assessment of the training, including training
relating to the protection of privacy and civil liberties,
required for successful operation of C-UAS detection and
mitigation technology.
(6) An assessment of specific methods of operability for
deployment and recommendations for additional resources needed.
(7) An assessment of interagency research and development
efforts, including the potential for expanding such efforts.
(d) Submission to Congress.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of Homeland Security shall
submit the strategy developed pursuant to subsection (b) to the
appropriate congressional committees.
(e) Annual Report.--Not later than 180 days after the date of the
enactment of this Act, and annually thereafter for the following 7
years, the Secretary of Homeland Security, the Attorney General, the
Administrator of the Federal Aviation Administration, and the Secretary
of Defense shall jointly submit a report to the appropriate
congressional committees that describes--
(1) the resources necessary to carry out the strategy
developed pursuant to subsection (b); and
(2) any significant developments relating to the elements
described in subsection (c).
Calendar No. 678
117th CONGRESS
2d Session
S. 4919
[Report No. 117-279]
_______________________________________________________________________ | Protecting the Border from Unmanned Aircraft Systems Act | A bill to require an interagency strategy for creating a unified posture on counter-unmanned aircraft systems (C-UAS) capabilities and protections at international borders of the United States. | Protecting the Border from Unmanned Aircraft Systems Act
Protecting the Border from Unmanned Aircraft Systems Act | Sen. Lankford, James | R | OK |
1,143 | 14,355 | H.R.4481 | Commerce | Small Business 7(a) Loan Agent Transparency Act
This bill provides oversight of 7(a) loan agents, including by requiring the Small Business Administration (SBA) to establish a registration system for such agents whereby certain data may be collected and by mandating that such agents register with the system and pay an annual registration fee.
These agents provide referral and loan application services related to the SBA's 7(a) Program. Under the 7(a) Program, the SBA guarantees up to 80% of a private lender's loan to a small business borrower who cannot obtain credit elsewhere on reasonable terms and conditions. | To amend the Small Business Act to establish requirements for 7(a)
agents, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business 7(a) Loan Agent
Transparency Act''.
SEC. 2. REQUIREMENTS FOR 7(A) AGENTS.
(a) Office of Credit Risk Management Duties.--Section 47(b) of the
Small Business Act (15 U.S.C. 657t(b)) is amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) in paragraph (3), by striking the period and inserting
a semicolon; and
(3) by adding at the end the following new paragraph:
``(4) any 7(a) agent.''.
(b) Enforcement Authority.--
(1) Office of credit risk management.--Section 47(e) of the
Small Business Act (15 U.S.C. 657t(e)) is amended by inserting
``or 7(a) agent'' after ``7(a) lender'' each place such term
appears.
(2) Lender oversight committee.--Section 48(c)(2) of the
Small Business Act is amended by striking ``and any Lending
Partner or Intermediary participant'' and inserting ``, any
7(a) agent (as defined in section 47), or any Lending Partner
or Intermediary participant''.
(c) Registration System.--Section 47 of the Small Business Act (15
U.S.C. 657t) is amended by adding at the end the following new
subsections:
``(j) Registration System for 7(a) Agents.--
``(1) In general.--The Director shall establish a
registration system for 7(a) agents that assigns a unique
identifier to each 7(a) agent and collects data necessary for
the Director to submit the report required under paragraph (4).
``(2) Requirements.--A 7(a) agent shall--
``(A) register in the system established under
paragraph (1) before providing covered services to a
lender or applicant; and
``(B) effective 1 year after the date of the
enactment of this subsection, submit an annual fee for
such registration to the Director.
``(3) Database.--The Director shall establish and maintain
an electronic database of the types of covered services
provided by each 7(a) agent.
``(k) Definitions.--In this section:
``(1) 7(a) agent.--The term `7(a) agent' means a person who
provides covered services on behalf of a lender or applicant.
``(2) Covered services.--The term `covered services'
means--
``(A) assistance with completing an application for
a loan under section 7(a) (including preparing a
business plan, cash flow projections, financial
statements, and related documents); or
``(B) consulting, broker, or referral services with
respect to a loan under section 7(a).''.
(d) Effective Date.--This Act and the amendments made by this Act
shall take effect 6 months after the date of the enactment of this Act.
Passed the House of Representatives November 2, 2021.
Attest:
CHERYL L. JOHNSON,
Clerk. | Small Business 7(a) Loan Agent Transparency Act | To amend the Small Business Act to establish requirements for 7(a) agents, and for other purposes. | Small Business 7(a) Loan Agent Transparency Act
Small Business 7(a) Loan Agent Transparency Act
Small Business 7(a) Loan Agent Transparency Act
Small Business 7(a) Loan Agent Transparency Act | Rep. Phillips, Dean | D | MN |
1,144 | 11,307 | H.R.7818 | Crime and Law Enforcement | Justice for Victims of War Crimes Act
This bill broadens the scope of individuals who are subject to federal prosecution for war crime offenses.
Currently, the federal war crimes statute provides federal jurisdiction over war crime offenses committed anywhere (i.e., inside or outside the United States) if the victim or offender is a member of the Armed Forces or a U.S. national.
First, this bill extends federal jurisdiction over war crime offenses committed anywhere to offenses where (1) the victim or offender is an alien lawfully admitted for permanent residence; or (2) the offender is present in the United States, regardless of the nationality of the victim or the offender.
Second, the bill expands federal jurisdiction over war crime offenses to include offenses that occur in whole or in part within the United States, regardless of whether the victim or offender is a member of the Armed Forces, a U.S. national, or an alien lawfully admitted for permanent residence. | To amend section 2441 of title 18, United States Code, to broaden the
scope of individuals subject to prosecution for war crimes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Justice for Victims of War Crimes
Act''.
SEC. 2. WAR CRIMES.
Section 2441 of title 18, United States Code, is amended--
(1) by striking subsection (b) and inserting the following:
``(b) Jurisdiction.--There is jurisdiction over an offense
described in subsection (a) if--
``(1) the offense occurs in whole or in part within the
United States; or
``(2) regardless of where the offense occurs--
``(A) the victim or offender is--
``(i) a national of the United States or an
alien lawfully admitted for permanent
residence; or
``(ii) a member of the Armed Forces of the
United States, regardless of nationality; or
``(B) the offender is present in the United States,
regardless of the nationality of the victim or
offender.''; and
(2) by adding at the end the following:
``(e) Nonapplicability of Certain Limitations.--In the case of an
offense described in subsection (a), an indictment may be found or an
information may be instituted at any time without limitation.
``(f) Certification Requirement.--No prosecution for an offense
described in subsection (a) shall be undertaken by the United States
except on written certification of the Attorney General or a designee
that a prosecution by the United States is in the public interest and
necessary to secure substantial justice.''.
<all> | Justice for Victims of War Crimes Act | To amend section 2441 of title 18, United States Code, to broaden the scope of individuals subject to prosecution for war crimes. | Justice for Victims of War Crimes Act | Rep. Cicilline, David N. | D | RI |
1,145 | 5,548 | H.R.3633 | Taxation | Greener Transportation for Communities Act
This bill authorizes the use of tax-exempt facility bonds to fund zero-emission vehicle infrastructure used to charge or fuel zero-emissions vehicles. The bill defines zero-emissions vehicles as (1) any any light-duty vehicle or light-duty truck conforming to the applicable low-emission vehicle standard, or any heavy-duty vehicle with an engine conforming to such standard; or (2) vehicles that produce zero exhaust emissions of any criteria pollutant (or precursor pollutant) or greenhouse gas under any possible operational modes and conditions. | To amend the Internal Revenue Code of 1986 to provide exempt facility
bonds for zero-emission vehicle infrastructure.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Greener Transportation for
Communities Act''.
SEC. 2. EXEMPT FACILITY BONDS FOR ZERO-EMISSION VEHICLE INFRASTRUCTURE.
(a) In General.--Section 142 of the Internal Revenue Code of 1986
is amended--
(1) in subsection (a)--
(A) in paragraph (14), by striking ``or'' at the
end,
(B) in paragraph (15), by striking the period at
the end and inserting ``, or'', and
(C) by adding at the end the following new
paragraph:
``(16) zero-emission vehicle infrastructure.'', and
(2) by adding at the end the following new subsection:
``(n) Zero-Emission Vehicle Infrastructure.--
``(1) In general.--For purposes of subsection (a)(16), the
term `zero-emission vehicle infrastructure' means any property
(not including a building and its structural components) if
such property is part of a unit which--
``(A) is used to charge or fuel zero-emissions
vehicles,
``(B) is located where the vehicles are charged or
fueled,
``(C) is of a character subject to the allowance
for depreciation (or amortization in lieu of
depreciation),
``(D) is made available for use by members of the
general public,
``(E) accepts payment by use of a credit card
reader, and
``(F) is capable of charging or fueling vehicles
produced by more than one manufacturer (within the
meaning of section 30D(d)(3)).
``(2) Inclusion of utility service connections, etc.--The
term `zero-emission vehicle infrastructure' shall include any
utility service connections, utility panel upgrades, line
extensions and conduit, transformer upgrades, or similar
property, in connection with property meeting the requirements
of paragraph (1).
``(3) Zero-emissions vehicle.--The term `zero-emissions
vehicle' means--
``(A) a zero-emission vehicle as defined in section
88.102-94 of title 40, Code of Federal Regulations, or
``(B) a vehicle that produces zero exhaust
emissions of any criteria pollutant (or precursor
pollutant) or greenhouse gas under any possible
operational modes and conditions.
``(4) Zero-emissions vehicle infrastructure located within
other facilities or projects.--For purposes of subsection (a),
any zero-emission vehicle infrastructure located within--
``(A) a facility or project described in subsection
(a), or
``(B) an area adjacent to a facility or project
described in subsection (a) that primarily serves
vehicles traveling to or from such facility or project,
shall be treated as described in the paragraph in which such
facility or project is described.
``(5) Exception for refueling property for fleet
vehicles.--Subparagraphs (D), (E), and (F) of paragraph (1)
shall not apply to property which is part of a unit which is
used exclusively by fleets of commercial or governmental
vehicles.''.
(b) Effective Date.--The amendments made by this section shall
apply to obligations issued after December 31, 2020.
<all> | Greener Transportation for Communities Act | To amend the Internal Revenue Code of 1986 to provide exempt facility bonds for zero-emission vehicle infrastructure. | Greener Transportation for Communities Act | Rep. Schneider, Bradley Scott | D | IL |
1,146 | 7,028 | H.R.56 | Health | Patient Access to Medical Foods Act
This bill provides for coverage of medical foods under Medicare, Medicaid, the Children's Health Insurance Program, and TRICARE. The bill also requires private health insurance providers to cover medical foods.
Generally, a medical food is a food prescribed by a physician for the dietary management of a disease or condition. The bill expands this definition to include a food prescribed as a therapeutic option when a physician determines that traditional therapies are inappropriate for the patient. This definition shall apply to the insurance programs described above and to a federal grant program to encourage the development of drugs and medical foods for rare diseases. | To amend the Orphan Drug Act with respect to the definition of medical
food, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Patient Access to Medical Foods
Act''.
SEC. 2. DEFINITION OF MEDICAL FOOD FOR PURPOSES OF ORPHAN DRUG ACT.
(a) In General.--Section 5(b)(3) of the Orphan Drug Act (21 U.S.C.
360ee(b)(3)) is amended to read as follows:
``(3) The term `medical food' means a food which--
``(A) is formulated to be consumed or administered
enterally, including tube feeding and oral intake, and
dispensed upon a written prescription of a practitioner
licensed under the laws of the State in which such
practitioner practices to administer drugs; and
``(B)(i) is intended for the specific dietary
management of a disease or condition for which
distinctive nutritional requirements, including
conditions of inborn errors of metabolism, based on
recognized scientific principles, are established by
medical evaluation; or
``(ii) in the case of an individual for whom the
prescribing physician determines the individual has
failed on traditional therapies or determines
continuing the traditional therapy is inappropriate for
the patient due to comorbidities or severe side effects
that endanger the health of the individual--
``(I) has been shown to provide clinical
benefit in well-controlled peer-reviewed
clinical trials to patients with a disease or
condition specified in clause (i); and
``(II) is determined by the prescribing
physician to be a safer therapeutic option or
the only effective clinical option for the
individual.''.
(b) National Drug Code Number.--Section 5 of the Orphan Drug Act
(21 U.S.C. 360ee) is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following:
``(c) National Drug Code Number.--Medical foods shall be eligible
for a National Drug Code number.''.
SEC. 3. COVERAGE OF MEDICALLY NECESSARY FOOD UNDER FEDERAL HEALTH
PROGRAMS AND PRIVATE HEALTH INSURANCE.
(a) Coverage Under Medicare Program.--
(1) Part b coverage.--
(A) In general.--Section 1861(s)(2) of the Social
Security Act (42 U.S.C. 1395x(s)(2)) is amended--
(i) in subparagraph (GG), by striking
``and'' at the end;
(ii) in subparagraph (HH), by striking the
period at the end and inserting ``; and''; and
(iii) by adding at the end the following
new subparagraph:
``(II) medically necessary food (as defined in subsection
(kkk));''.
(B) Definition.--Section 1861 of the Social
Security Act (42 U.S.C. 1395x) is amended by adding at
the end the following new subsection:
``Medically Necessary Food
``(kkk) The term `medically necessary food' has the meaning given
the term `medical food' in section 5(b)(3) of the Orphan Drug Act (21
U.S.C. 360ee(b)(3)).''.
(C) Payment.--Section 1833(a)(1) of the Social
Security Act (42 U.S.C. 1395l(a)(1)) is amended--
(i) by striking ``and'' before ``(DD)'';
and
(ii) by inserting before the semicolon at
the end the following: ``, and (EE) with
respect to medically necessary food (as defined
in section 1861(kkk)), the amount paid shall be
an amount equal to 80 percent of the actual
charge for the services.''.
(D) Effective date.--The amendments made by this
paragraph shall apply to items and services furnished
on or after January 1, 2022.
(2) Coverage as covered part d drug.--
(A) In general.--Section 1860D-2(e)(1) of the
Social Security Act (42 U.S.C. 1395w-102(e)(1)) is
amended--
(i) in subparagraph (A), by striking at the
end ``or'';
(ii) in subparagraph (B), by striking at
the end the comma and inserting ``; or''; and
(iii) by inserting after subparagraph (B)
the following new subparagraph:
``(C) a medically necessary food (as defined in
section 1861(kkk)),''.
(B) Effective date.--The amendments made by
subparagraph (A) shall apply with respect to plan years
beginning on or after January 1, 2022.
(b) Coverage Under Medicaid Program.--
(1) In general.--Section 1905(a) of the Social Security Act
(42 U.S.C. 1396d(a)) is amended--
(A) in paragraph (29), by striking ``and'' at the
end;
(B) by redesignating paragraph (30) as paragraph
(31); and
(C) by inserting after paragraph (29) the following
new paragraph:
``(30) medically necessary food (as defined in section
1861(kkk)); and''.
(2) Mandatory benefit.--Section 1902(a)(10)(A) of the
Social Security Act (42 U.S.C. 1396a(a)(10)(A)) is amended, in
the matter preceding clause (i), by striking ``and (29)'' and
inserting ``(29), and (30)''.
(3) Effective date.--
(A) In general.--Subject to subparagraph (B), the
amendments made by this subsection shall apply with
respect to medical assistance furnished on or after
July 1, 2022.
(B) Exception if state legislation required.--In
the case of a State plan for medical assistance under
title XIX of the Social Security Act which the
Secretary of Health and Human Services determines
requires State legislation (other than legislation
appropriating funds) in order for the plan to meet the
additional requirement imposed by the amendments made
by this subsection, the State plan shall not be
regarded as failing to comply with the requirements of
such title solely on the basis of its failure to meet
this additional requirement before the first day of the
first calendar quarter beginning after the close of the
first regular session of the State legislature that
begins after the date of the enactment of this Act. For
purposes of the previous sentence, in the case of a
State that has a 2-year legislative session, each year
of such session shall be deemed to be a separate
regular session of the State legislature.
(c) Coverage Under CHIP.--
(1) In general.--Section 2103(c) of the Social Security Act
(42 U.S.C. 1397cc(c)) is amended by adding at the end the
following:
``(11) Medically necessary food.--The child health
assistance provided to a targeted low-income child shall
include coverage of medically necessary food (as defined in
section 1861(kkk)).''.
(2) Conforming amendment.--Section 2103(a) of the Social
Security Act (42 U.S.C. 1397cc(a)) is amended, in the matter
preceding paragraph (1), by striking ``and (8)'' and inserting
``, (8), and (11)''.
(3) Effective date.--
(A) In general.--Subject to subparagraph (B), the
amendments made by this subsection shall apply with
respect to child health assistance furnished on or
after July 1, 2022.
(B) Exception if state legislation required.--In
the case of a State child health plan for child health
assistance under title XXI of the Social Security Act
which the Secretary of Health and Human Services
determines requires State legislation (other than
legislation appropriating funds) in order for the plan
to meet the additional requirement imposed by the
amendments made by this subsection, the State child
health plan shall not be regarded as failing to comply
with the requirements of such title solely on the basis
of its failure to meet this additional requirement
before the first day of the first calendar quarter
beginning after the close of the first regular session
of the State legislature that begins after the date of
the enactment of this Act. For purposes of the previous
sentence, in the case of a State that has a 2-year
legislative session, each year of such session shall be
deemed to be a separate regular session of the State
legislature.
(d) Coverage Under TRICARE.--Paragraph (2) of section 1077(h) of
title 10, United States Code, is amended to read as follows:
``(2) In this section, the term `medically necessary food' has the
meaning given the term `medical food' in section 5(b)(3) of the Orphan
Drug Act.''.
(e) Coverage Under Private Health Insurance.--
(1) In general.--Subpart II of part A of title XXVII of the
Public Health Service Act (42 U.S.C. 300gg-11 et seq.) is
amended by adding at the end the following:
``SEC. 2730. COVERAGE OF MEDICALLY NECESSARY FOOD.
``A group health plan and group or individual health insurance
coverage offered by a health insurance issuer shall provide coverage
for medically necessary food (as defined in section 1861(kkk) of the
Social Security Act).''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply to plan years beginning on or after January 1,
2022.
<all> | Patient Access to Medical Foods Act | To amend the Orphan Drug Act with respect to the definition of medical food, and for other purposes. | Patient Access to Medical Foods Act | Rep. Biggs, Andy | R | AZ |
1,147 | 4,992 | S.39 | Foreign Trade and International Finance | Protecting American Innovation and Development Act of 2021
This bill authorizes import controls against certain foreign persons that infringe patents belonging to a U.S. person that are essential to a wireless communications standard.
Specifically, the Department of Commerce must create a list of foreign entities that are citizens or nationals of a country of concern and that engage in the unlicensed use (i.e., infringement) of such essential wireless communications patents. A country of concern is a country wherein the persistent infringement of these patents poses a threat to (1) U.S. wireless communications research and development infrastructure, and (2) U.S. national security.
Any foreign entity on this list, as well as specified persons that raise a national security concern with respect to wireless communications technology, may be subject to import controls (for example, a foreign entity may be required to post a bond before importing into the United States any goods that potentially infringe the wireless patent in question).
Commerce must also establish a watch list of foreign entities from a country of concern that (1) are selling in the United States a product claiming to comply with a wireless standard, and (2) have not obtained a license (or taken certain actions to obtain that license) for patents essential to that wireless standard.
An entity on either list may petition Commerce to be removed from that list on the basis that the conditions that led to its inclusion no longer exist. | To ensure the continued strength and leadership of the United States in
the research and development of key technologies for future wireless
telecommunications standards and infrastructure by providing additional
authority for sanctions against certain foreign entities that pose a
threat to national security, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting American Innovation and
Development Act of 2021''.
SEC. 2. ADDRESSING THREATS TO NATIONAL SECURITY WITH RESPECT TO
WIRELESS COMMUNICATIONS RESEARCH AND DEVELOPMENT.
Chapter 4 of title II of the Trade Expansion Act of 1962 (19 U.S.C.
1862 et seq.) is amended by adding at the end the following:
``SEC. 234. STATEMENT OF POLICY.
``It is the policy of the United States--
``(1) to ensure the continued strength and leadership of
the United States with respect to the research and development
of key technologies for future wireless telecommunications
standards and infrastructure;
``(2) that the national security of the United States
requires the United States to maintain its leadership in the
research and development of key technologies for future
wireless telecommunications standards and infrastructure; and
``(3) that the national security and foreign policy of the
United States requires that the importation of items that use,
without a license, a claimed invention protected by a patent
that is essential for the implementation of a wireless
communications standard and is held by a United States person,
be controlled to ensure the achievement of the policies
described in paragraphs (1) and (2).
``SEC. 235. LIST OF FOREIGN ENTITIES THAT THREATEN NATIONAL SECURITY
WITH RESPECT TO WIRELESS COMMUNICATIONS RESEARCH AND
DEVELOPMENT.
``(a) In General.--The Secretary of Commerce (in this section
referred to as the `Secretary') shall establish and maintain a list of
each foreign entity that the Secretary determines--
``(1)(A) uses, without a license, a claimed invention
protected by a patent that is essential for the implementation
of a wireless communications standard and is held by a covered
person; and
``(B) is a person of concern or has as its ultimate parent
a person of concern; or
``(2) is a successor to an entity described in paragraph
(1).
``(b) Watch List.--
``(1) In general.--The Secretary shall establish and
maintain a watch list of each foreign entity--
``(A)(i) that is a person of concern or has as its
ultimate parent a person of concern; and
``(ii) with respect to which a covered person has
made the demonstration described in paragraph (2) in a
petition submitted to the Secretary for the inclusion
of the entity on the list; or
``(B) that is a successor to an entity described in
subparagraph (A).
``(2) Demonstration described.--
``(A) In general.--A covered person has made a
demonstration described in this paragraph if the person
has reasonably demonstrated to the Secretary that--
``(i) the person owns at least one
unexpired patent that is essential for the
implementation of a wireless communications
standard;
``(ii) a foreign entity that is a person of
concern, or has as its ultimate parent a person
of concern, has been, for a period of more than
180 days, selling wireless communications
devices in or into the United States, directly
or indirectly, that are claimed, labeled,
marketed, or advertised as complying with that
standard;
``(iii) the covered person has offered to
the foreign entity or any of its affiliates--
``(I) a license to the person's
portfolio of patents that are essential
to that standard; or
``(II) to enter into binding
arbitration to resolve the terms of
such a license; and
``(iv) the foreign entity has not executed
a license agreement or an agreement to enter
into such arbitration, as the case may be, by
the date that is 180 days after the covered
person made such an offer.
``(B) Demonstration of essentiality.--A covered
person may demonstrate under subparagraph (A)(i) that
the person owns at least one unexpired patent that is
essential for the implementation of a wireless
communications standard by providing to the Secretary
any of the following:
``(i) A decision by a court or arbitral
tribunal that a patent owned by the person is
essential for the implementation of that
standard.
``(ii) A determination by an independent
patent evaluator not hired by the person that a
patent owned by the person is essential for the
implementation of that standard.
``(iii) A showing that wireless
communications device manufacturers together
accounting for a significant portion of the
United States or world market for such devices
have entered into agreements for licenses to
the person's portfolio of patents that are
essential for the implementation of that
standard.
``(iv) A showing that the person has
previously granted licenses to the foreign
entity described in subparagraph (A)(ii) or any
of its affiliates with respect to a reasonably
similar portfolio of the person's patents that
are essential for the implementation of that
standard.
``(C) Accounting of wireless communications device
market.--A showing described in subparagraph (B)(iii)
may be made either by including or excluding wireless
communications device manufacturers that are persons of
concern.
``(3) Procedures.--
``(A) Adding a foreign entity to the watch list.--
``(i) In general.--The Secretary may add a
foreign entity to the watch list under
paragraph (1) only after notice and opportunity
for an agency hearing on the record in
accordance with (except as provided in clause
(ii)) sections 554 through 557 of title 5,
United States Code.
``(ii) Matters considered at hearing.--An
agency hearing conducted under clause (i)--
``(I) shall be limited to
consideration of--
``(aa) whether the
demonstration described in
paragraph (2) has been
reasonably made; and
``(bb) the amount of bond
to be required in accordance
with section 236; and
``(II) may not include the
presentation or consideration of legal
or equitable defenses or counterclaims.
``(B) Administrative procedure.--Except as provided
in subparagraph (A), the functions exercised under this
section and section 236 shall not be subject to
sections 551, 553 through 559, or 701 through 706 of
title 5, United States Code.
``(c) Movement Between Lists.--A foreign entity on the watch list
required by subsection (b)(1) may be moved to the list required by
subsection (a), pursuant to procedures established by the Secretary, on
or after the date that is one year after being included on the watch
list if the foreign entity is not able to reasonably demonstrate that
it has entered into a patent license agreement or a binding arbitration
agreement with each covered person that has made the demonstration
described in subsection (b)(2) with respect to the entity.
``(d) Removal From Lists.--A foreign entity on the list required by
subsection (a) or on the watch list required by subsection (b)(1) may
petition the Secretary to be removed from that list on the basis that
the conditions that led to the inclusion of the foreign entity on the
list no longer exist. The burden of proof shall be on the foreign
entity.
``(e) Definitions.--In this section:
``(1) Affiliate.--The term `affiliate', with respect to an
entity, means any entity that owns or controls, is owned or
controlled by, or is under common ownership or control with,
the entity.
``(2) Country of concern.--The term `country of concern'
means a country with respect to which the Secretary determines
that--
``(A) persons in the country persistently use,
without obtaining a license, patents--
``(i) essential to the implementation of
wireless communications standards; and
``(ii) held by a covered person; and
``(B) that use of patents poses a threat to--
``(i) the ability of the United States to
maintain a wireless communications research and
development infrastructure; and
``(ii) the national security of the United
States, pursuant to the policy set forth in
section 234.
``(3) Covered person.--The term `covered person' means--
``(A) a covered United States person; or
``(B) an affiliate of a covered United States
person--
``(i) headquartered in, or organized under
the laws of, a country that is a member of the
European Union or the North Atlantic Treaty
Organization; and
``(ii) engaged in wireless communications
research and development.
``(4) Covered united states person.--The term `covered
United States person' means a United States person engaged in
wireless communications research and development in the United
States.
``(5) Person of concern.--The term `person of concern'
means a person that is--
``(A) an individual who is a citizen or national
(as defined in section 101(a) of the Immigration and
Nationality Act (8 U.S.C. 1101(a))) of a country of
concern; or
``(B) an entity that is headquartered in, or
organized under the laws of, a country of concern.
``(6) United states person.--The term `United States
person' means--
``(A) an individual who is a United States citizen
or an alien lawfully admitted for permanent residence
to the United States;
``(B) an entity organized under the laws of the
United States or any jurisdiction within the United
States, including a foreign branch of such an entity;
or
``(C) any person in the United States.
``(7) Wireless communications standard.--The term `wireless
communications standard' means--
``(A) a cellular wireless telecommunications
standard, including such a standard promulgated by the
3rd Generation Partnership Project (commonly known as
`3GPP') or the 3rd Generation Partnership Project 2
(commonly known as `3GPP2'); or
``(B) a wireless local area network standard,
including such a standard designated as IEEE 802.11 as
developed by the Institute of Electrical and
Electronics Engineers (commonly known as the `IEEE').
``SEC. 236. IMPORT SANCTIONS WITH RESPECT TO CERTAIN FOREIGN ENTITIES
THAT THREATEN NATIONAL SECURITY.
``(a) In General.--Any foreign entity on the list required by
section 235(a) may be subject to such controls on the importing of
goods or technology into the United States as the President may
prescribe.
``(b) Entry Under Bond.--
``(1) In general.--Unless otherwise prescribed by the
President, a product described in paragraph (2) may not enter
the United States except under bond prescribed by the Secretary
of Commerce in an amount determined by the Secretary to be
sufficient to protect from injury a covered United States
person that made the demonstration described in section
235(b)(2) with respect to the entity that has been selling the
product directly or indirectly in or into the United States.
``(2) Products described.--A product described in this
paragraph is a wireless communications device--
``(A) produced or sold by--
``(i) a foreign entity on the watch list
required by section 235(b);
``(ii) a successor of such an entity; or
``(iii) an affiliate of an entity described
in clause (i) or (ii); and
``(B) that is claimed, labeled, marketed, or
advertised as complying with a wireless communications
standard that was the basis for the inclusion of the
foreign entity on the watch list.
``(c) Forfeiture of Bond.--
``(1) In general.--If a foreign entity on the watch list
required by section 235(b) is moved to the list required by
section 235(a) and becomes subject to controls under subsection
(a), a bond paid under subsection (b) shall be forfeited to a
covered United States person that made the demonstration
described in section 235(b)(2) with respect to the entity.
``(2) Terms and conditions.--The Secretary of Commerce
shall prescribe the procedures and any terms or conditions
under which bonds will be forfeited under paragraph (1).
``(d) Definitions.--In this section, the terms `affiliate' and
`covered United States person' have the meanings given those terms in
section 235(d).''.
SEC. 3. CONTROLS ON IMPORTS OF GOODS OR TECHNOLOGY AGAINST PERSONS THAT
RAISE NATIONAL SECURITY CONCERNS.
Section 233 of the Trade Expansion Act of 1962 (19 U.S.C. 1864) is
amended to read as follows:
``SEC. 233. IMPORT SANCTIONS FOR EXPORT VIOLATIONS.
``(a) In General.--A person described in subsection (b) may be
subject to such controls on the importing of goods or technology into
the United States as the President may prescribe.
``(b) Persons Described.--A person described in this subsection is
a person that--
``(1) violates any national security export control imposed
under section 1755 of the Export Control Reform Act of 2018 (50
U.S.C. 4814) or any regulation, order, or license issued under
that section; or
``(2) raises a national security concern under--
``(A) section 235 or any regulation, order, or
license issued under that section; or
``(B) the Export Control Reform Act of 2018 (50
U.S.C. 4801 et seq.) or any regulation, order, or
license issued under that Act.''.
<all> | Protecting American Innovation and Development Act of 2021 | A bill to ensure the continued strength and leadership of the United States in the research and development of key technologies for future wireless telecommunications standards and infrastructure by providing additional authority for sanctions against certain foreign entities that pose a threat to national security, and for other purposes. | Protecting American Innovation and Development Act of 2021 | Sen. Inhofe, James M. | R | OK |
1,148 | 1,331 | S.1658 | Labor and Employment | Providing Urgent Maternal Protections for Nursing Mothers Act or the PUMP for Nursing Mothers Act
This bill expands workplace protections for employees with a need to express breast milk. Specifically, it expands the requirement that employers provide certain accommodations for such an employee to cover salaried employees and other types of workers not covered under existing law. Further, time spent to express breast milk must be considered hours worked if the employee is also working.
| To amend the Fair Labor Standards Act of 1938 to expand access to
breastfeeding accommodations in the workplace, 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 ``Providing Urgent Maternal
Protections for Nursing Mothers Act'' or the ``PUMP for Nursing Mothers
Act''.</DELETED>
<DELETED>SEC. 2. BREASTFEEDING ACCOMMODATIONS IN THE
WORKPLACE.</DELETED>
<DELETED> (a) Expanding Employee Access to Break Time and Space.--
The Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) is
amended--</DELETED>
<DELETED> (1) in section 7, by striking subsection
(r);</DELETED>
<DELETED> (2) in section 15(a)--</DELETED>
<DELETED> (A) by striking the period at the end of
paragraph (5) and inserting ``; and''; and</DELETED>
<DELETED> (B) by adding at the end the
following:</DELETED>
<DELETED> ``(6) to violate any of the provisions of section
18D.'';</DELETED>
<DELETED> (3) in section 16(b), by striking ``7(r)'' each
place the term appears and inserting ``18D''; and</DELETED>
<DELETED> (4) by inserting after section 18C the
following:</DELETED>
<DELETED>``SEC. 18D. BREASTFEEDING ACCOMMODATIONS IN THE
WORKPLACE.</DELETED>
<DELETED> ``(a) In General.--An employer shall provide--</DELETED>
<DELETED> ``(1) a reasonable break time for an employee to
express breast milk for such employee's nursing child for 1
year after the child's birth each time such employee has need
to express the milk; and</DELETED>
<DELETED> ``(2) a place, other than a bathroom, that is
shielded from view and free from intrusion from coworkers and
the public, which may be used by an employee to express breast
milk.</DELETED>
<DELETED> ``(b) Compensation.--</DELETED>
<DELETED> ``(1) In general.--Subject to paragraph (2), an
employer shall not be required to compensate an employee
receiving reasonable break time under subsection (a)(1) for any
time spent during the workday for such purpose unless otherwise
required by Federal or State law or municipal
ordinance.</DELETED>
<DELETED> ``(2) Relief from duties.--Break time provided
under paragraph (1) shall be considered hours worked if the
employee is not completely relieved from duty during the
entirety of such break.</DELETED>
<DELETED> ``(c) Exemption.--An employer that employs less than 50
employees shall not be subject to the requirements of this section, if
such requirements would impose an undue hardship by causing the
employer significant difficulty or expense when considered in relation
to the size, financial resources, nature, or structure of the
employer's business.</DELETED>
<DELETED> ``(d) Laws Providing Greater Protection.--Nothing in this
section shall preempt a State law or municipal ordinance that provides
greater protections to employees than the protections provided for
under this section.''.</DELETED>
<DELETED> (b) Clarifying Remedies.--Section 16(b) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 216(b)) is amended by striking
``15(a)(3)'' each place the term appears and inserting ``7(r) or
15(a)(3)''.</DELETED>
<DELETED>SEC. 3. EFFECTIVE DATE.</DELETED>
<DELETED> (a) Expanding Access.--The amendments made by section 2(a)
shall take effect on the date that is 120 days after the date of
enactment of this Act.</DELETED>
<DELETED> (b) Remedies and Clarification.--The amendments made by
section 2(b) shall take effect on the date of enactment of this
Act.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Providing Urgent Maternal
Protections for Nursing Mothers Act'' or the ``PUMP for Nursing Mothers
Act''.
SEC. 2. BREASTFEEDING ACCOMMODATIONS IN THE WORKPLACE.
(a) Expanding Employee Access to Break Time and Space.--The Fair
Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) is amended--
(1) in section 7 (29 U.S.C. 207), by striking subsection
(r); and
(2) by inserting after section 18C (29 U.S.C. 218c) the
following:
``SEC. 18D. BREASTFEEDING ACCOMMODATIONS IN THE WORKPLACE.
``(a) In General.--An employer shall provide--
``(1) a reasonable break time for an employee to express
breast milk for such employee's nursing child for 1 year after
the child's birth each time such employee has need to express
the milk; and
``(2) a place, other than a bathroom, that is shielded from
view and free from intrusion from coworkers and the public,
which may be used by an employee to express breast milk.
``(b) Compensation.--
``(1) In general.--Subject to paragraph (2), an employer
shall not be required to compensate an employee receiving
reasonable break time under subsection (a)(1) for any time
spent during the workday for such purpose unless otherwise
required by Federal or State law or municipal ordinance.
``(2) Relief from duties.--Break time provided under
paragraph (1) shall be considered hours worked if the employee
is not completely relieved from duty during the entirety of
such break.
``(c) Exemption.--An employer that employs less than 50 employees
shall not be subject to the requirements of this section, if such
requirements would impose an undue hardship by causing the employer
significant difficulty or expense when considered in relation to the
size, financial resources, nature, or structure of the employer's
business.
``(d) Laws Providing Greater Protection.--Nothing in this section
shall preempt a State law or municipal ordinance that provides greater
protections to employees than the protections provided for under this
section.''.
(b) Clarifying Remedies.--The Fair Labor Standards Act of 1938 (29
U.S.C. 201 et seq.) is amended--
(1) in section 15(a) (29 U.S.C. 215(a))--
(A) by striking the period at the end of paragraph
(5) and inserting ``; and''; and
(B) by adding at the end the following:
``(6) to violate any of the provisions of section 18D.'';
and
(2) in section 16(b) (29 U.S.C. 216(b)), by striking
``15(a)(3)'' each place the term appears and inserting
``15(a)(3) or 18D''.
SEC. 3. EFFECTIVE DATE.
(a) Expanding Access.--The amendments made by section 2(a) shall
take effect on the date of enactment of this Act.
(b) Remedies and Clarification.--The amendments made by section
2(b) shall take effect on the date that is 120 days after the date of
enactment of this Act.
Calendar No. 65
117th CONGRESS
1st Session
S. 1658
_______________________________________________________________________ | PUMP for Nursing Mothers Act | A bill to amend the Fair Labor Standards Act of 1938 to expand access to breastfeeding accommodations in the workplace, and for other purposes. | PUMP for Nursing Mothers Act
Providing Urgent Maternal Protections for Nursing Mothers Act
PUMP for Nursing Mothers Act
Providing Urgent Maternal Protections for Nursing Mothers Act | Sen. Merkley, Jeff | D | OR |
1,149 | 11,753 | H.R.9016 | Commerce | Small Business Scorecard Enhancements Act of 2022
This bill revises the Small Business Administration annual scorecard assessment, which is used to evaluate whether each federal agency is meeting its goals for the award of prime contracts and subcontracts to small business concerns.
Specifically, the bill requires the scorecard for each federal agency to include the number and total dollar amount of awards made to (1) small businesses owned by women, (2) qualified HUBZone small businesses, (3) small businesses owned by service-disabled veterans, and (4) socially and economically disadvantaged small businesses. | To amend the Small Business Act to codify the scorecard program 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 Scorecard
Enhancements Act of 2022''.
SECTION 2. CODIFICATION OF SMALL BUSINESS ADMINISTRATION SCORECARD.
(a) In General.--Section 868(b) of the National Defense
Authorization Act for Fiscal Year 2016 (15 U.S.C. 644 note) is
transferred to section 15 of the Small Business Act (15 U.S.C. 644),
inserted after subsection (x), redesignated as subsection (y), and
amended--
(1) by striking paragraphs (1), (6), and (7);
(2) by redesignating paragraphs (2), (3), and (4) as
paragraphs (1), (2), and (3), respectively;
(3) by redesignating paragraph (8) as paragraph (6);
(4) in paragraph (1) (as so redesignated), by striking
``Beginning in'' and all that follows through ``to evaluate''
and inserting ``The Administrator shall use a scorecard to
annually evaluate'';
(5) in paragraph (2) (as so redesignated)--
(A) in the matter preceding subparagraph (A)--
(i) by striking ``developed under paragraph
(1)''; and
(ii) by inserting ``and Governmentwide''
after ``each Federal agency''; and
(B) in subparagraph (A), by striking ``section
15(g)(1)(B) of the Small Business Act (15 U.S.C.
644(g)(1)(B))'' and inserting ``subsection (g)(1)(B)'';
(6) in paragraph (3) (as so redesignated)--
(A) in subparagraph (A), by striking ``paragraph
(3)(A)'' and inserting ``paragraph (2)(A)''; and
(B) in subparagraph (B), by striking ``paragraph
(3)'' and inserting ``paragraph (2)'';
(7) by inserting after paragraph (3) (as so redesignated)
the following new paragraph:
``(4) Additional requirements for scorecards.--The
scorecard shall include, for each Federal agency and
Governmentwide, the following information with respect to prime
contracts:
``(A) The number (expressed as a percentage) and
total dollar amount of awards made to small business
concerns owned and controlled by women through sole
source contracts and competitions restricted to small
business concerns owned and controlled by women under
section 8(m).
``(B) The number (expressed as a percentage) and
total dollar amount of awards made to small business
concerns owned and controlled by qualified HUBZone
small business concerns through sole source contracts
and competitions restricted to qualified HUBZone small
business concerns under section 31(c)(2).
``(C) The number (expressed as a percentage) and
total dollar amount of awards made to small business
concerns owned and controlled by service-disabled
veterans through sole source contracts and competitions
restricted to small business concerns owned and
controlled by service-disabled veterans under section
36.
``(D) The number (expressed as a percentage) and
total dollar amount of awards made to socially and
economically disadvantaged small business concerns
under section 8(a) through sole source contracts and
competitions restricted to socially and economically
disadvantaged small business concerns, disaggregated by
awards made to such concerns that are owned and
controlled by individuals and awards made to such
concerns that are owned and controlled by an entity.'';
(8) in paragraph (5), by striking ``section 15(h)(2) of the
Small Business Act (15 U.S.C. 644(h)(2))'' and inserting
``subsection (h)(2)''; and
(9) by amending paragraph (6) (as so redesignated) to read
as follows:
``(6) Scorecard defined.--In this subsection, the term
`scorecard' means any summary using a rating system to evaluate
the efforts of a Federal agency to meet goals established under
subsection (g)(1)(B) that--
``(A) includes the information described in
paragraph (2); and
``(B) assigns a score to each Federal agency
evaluated.''.
(b) Conforming Amendments.--
(1) Section 15(x)(2) of the Small Business Act (15 U.S.C.
644(x)(2)) is amended by striking ``scorecard described in
section 868(b) of the National Defense Authorization Act for
Fiscal Year 2016 (15 U.S.C. 644 note)'' and inserting
``scorecard (as defined in subsection (y))''.
(2) Section 3(6) of the PRICE Act of 2021 (Public Law 117-
88; 41 U.S.C. 1101 note) is amended to read as follows:
``(6) Scorecard.--The term `scorecard' has the meaning
given in section 15(y) of the Small Business Act.''.
<all> | Small Business Scorecard Enhancements Act of 2022 | To amend the Small Business Act to codify the scorecard program of the Small Business Administration, and for other purposes. | Small Business Scorecard Enhancements Act of 2022 | Rep. Peters, Scott H. | D | CA |
1,150 | 14,814 | H.R.8744 | Armed Forces and National Security | Military Bonus and Special Pay Increase Act of 2022
This bill increases the maximum amounts of certain bonuses and special pay authorities for enlisted members, nuclear officers (naval), officers in a regular or reserve component of a uniformed service who are training for or maintaining designations related to aviation, and members of a regular or reserve component of the uniformed services who serve in a critical career field or skill as designated by the applicable uniformed service. | To amend title 37, United States Code, to increase certain bonus and
incentive pays for certain members of the uniformed services.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Military Bonus and Special Pay
Increase Act of 2022''.
SEC. 2. INCREASE TO MAXIMUM AMOUNTS OF CERTAIN BONUS AND SPECIAL PAY
AUTHORITIES.
(a) General Bonus Authority for Enlisted Members.--Section
331(c)(1) of title 37, United States Code, is amended--
(1) in subparagraph (A), by striking ``$50,000'' and
inserting ``$75,000''; and
(2) in subparagraph (B), by striking ``$30,000'' and
inserting ``$50,000''.
(b) Special Bonus and Incentive Pay Authorities for Nuclear
Officers.--Section 333(d)(1)(A) of title 37, United States Code, is
amended by striking ``$50,000'' and inserting ``$75,000''.
(c) Special Aviation Incentive Pay and Bonus Authorities for
Officers.--Section 334(c)(1) of title 37, United States Code, is
amended--
(1) in subparagraph (A), by striking ``$1,000'' and
inserting ``$1,500''; and
(2) in subparagraph (B), by striking ``$35,000'' and
inserting ``$75,000''.
(d) Skill Incentive Pay or Proficiency Bonus.--Section 353(c)(1)(A)
of title 37, United States Code, is amended by striking ``$1,000'' and
inserting ``$1,750''.
<all> | Military Bonus and Special Pay Increase Act of 2022 | To amend title 37, United States Code, to increase certain bonus and incentive pays for certain members of the uniformed services. | Military Bonus and Special Pay Increase Act of 2022 | Rep. Bacon, Don | R | NE |
1,151 | 1,101 | S.1361 | Government Operations and Politics | District of Columbia-Maryland Reunion Act
This bill cedes the District of Columbia to Maryland after Maryland's acceptance of the retrocession. Furthermore, the bill declares that the National Capital Service Area in the District shall not be ceded and relinquished to Maryland and shall continue to serve as the permanent seat of the federal government. The bill maintains the exclusive legislative authority and control of Congress over the area.
Finally, excluding the John A. Wilson Building, the area shall include the principal federal monuments, the White House, the U.S. Capitol, the U.S. Supreme Court Building, the federal executive, legislative, and judicial office buildings located adjacent to the Mall and the U.S. Capitol, and the Frances Perkins Building, including any portion of it north of D Street NW. | To reduce the size of the seat of the Government of the United States
to the area composed of the principal Federal monuments, the White
House, the United States Capitol, the United States Supreme Court
Building, and the Federal executive, legislative, and judicial office
buildings located adjacent to the Mall and the United States Capitol,
to provide for the retrocession of the remaining area of the District
of Columbia to the State of Maryland, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``District of Columbia-Maryland
Reunion Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Article I, section 2, clause 1 of the Constitution of
the United States states that the ``House of Representatives
shall be composed of Members chosen every second Year by the
People of the several States''.
(2) The Founding Fathers did not consider the proposed
district that would become Washington, DC, a State under the
Constitution, as evidenced when Alexander Hamilton offered an
amendment to the Constitution during the New York ratification
to provide full congressional representation to Washington, DC,
which was rejected by the convention on July 22, 1788.
(3) The Supreme Court of the United States held in Hepburn
v. Ellzey, 6 U.S. 445 (1805), in an opinion authored by Chief
Justice John Marshall, that the term ``states'' in article I,
section 2, clause 1 of the Constitution does not include
Washington, DC, for representation purposes.
(4) Seven Supreme Court Justices affirmed Chief Justice
Marshall's reasoning from Hepburn v. Ellzey in National Mutual
Insurance Co. v. Tidewater Transfer Co., 337 U.S. 582 (1949).
(5) In 1978, a Congress controlled by Democrats attempted
to amend the Constitution to provide Washington, DC, with full
congressional representation. The Committee on the Judiciary of
the House of Representatives reported the joint resolution and
stated that granting congressional representation to the
District of Columbia as it is presently constituted would
require a constitutional amendment, because ``statutory action
alone will not suffice''.
(6) Amending the Constitution requires two-thirds approval
by each house of Congress and ratification by three-fourths of
the States. In 1978, two-thirds of both the House of
Representatives and the Senate voted for the constitutional
amendment to provide Washington, DC, with full congressional
representation, but the amendment was not ratified by three-
fourths of the States.
(7) An alternative to a potentially lengthy and difficult
constitutional amendment process is ceding Washington, DC, back
to Maryland, just as an area of 31 square miles that was
originally ceded by Virginia was returned to that State by
Federal legislation in 1847, thereby ensuring that the portion
of Washington, DC, in Virginia would have representation in the
Senate and the House of Representatives.
(8) In 1847, there was a desire to allow the District of
Columbia land on the west side of the Potomac River that was
not being used by the Federal Government to have its own proper
representation in Congress.
(9) Obtaining the desired representation for that portion
of Washington, DC, would have required a constitutional
amendment unless the land were given back to Virginia.
(10) Instead of trying to pass a constitutional amendment,
in 1847, Congress legislatively ceded back to Virginia from the
District of Columbia the non-Federal land composed of 31 square
miles on the west side of the Potomac River.
(11) Accordingly, the District of Columbia would clearly
and constitutionally have 2 Senators and a Representative with
full voting rights by ceding the District of Columbia to
Maryland after Maryland's acceptance of such retrocession,
while maintaining the exclusive legislative authority and
control of Congress over the Federal District in the District
of Columbia.
SEC. 3. RETROCESSION OF DISTRICT OF COLUMBIA TO MARYLAND.
(a) In General.--Upon the issuance of a proclamation by the
President under section 8 and except as provided in subsection (b) of
this section, the territory ceded to Congress by the State of Maryland
to serve as the District constituting the permanent seat of the
Government of the United States is ceded and relinquished to the State
of Maryland.
(b) Continuation of Federal Control Over Federal District.--
Notwithstanding subsection (a), the Federal District described in
section 5 shall not be ceded and relinquished to the State of Maryland
and shall continue to serve as the permanent seat of the Government of
the United States, and Congress shall continue to exercise exclusive
legislative authority and control over such District.
SEC. 4. EFFECT ON JUDICIAL PROCEEDINGS IN DISTRICT OF COLUMBIA.
(a) Continuation of Suits.--No writ, action, indictment, cause, or
proceeding pending in any court of the District of Columbia on the
effective date of this Act shall abate as a result of the enactment of
this Act, but shall be transferred and shall proceed within such
appropriate court of the State of Maryland as established under the
laws or constitution of the State of Maryland.
(b) Appeals.--An order or decision of any court of the District of
Columbia for which no appeal has been filed as of the effective date of
this Act shall be considered an order or decision of a court of the
State of Maryland for purposes of appeal from and appellate review of
such order or decision in an appropriate court of the State of
Maryland.
SEC. 5. FEDERAL DISTRICT DESCRIBED.
(a) In General.--Subject to subsections (c), (d), and (e), upon the
retrocession under section 3(a), the Federal District referred to in
section 3(b)--
(1) shall consist of the territory located within the
boundaries described in subsection (b) of this section;
(2) shall include the principal Federal monuments, the
White House, the United States Capitol, the United States
Supreme Court Building, and the Federal executive, legislative,
and judicial office buildings located adjacent to the Mall and
the United States Capitol; and
(3) shall not include the building known as the ``John A.
Wilson Building'', as described and designated under section
601(a) of the Omnibus Spending Reduction Act of 1993 (sec. 10-
1301(a), D.C. Official Code).
(b) General Description.--The boundaries of the Federal District
shall be as follows: Beginning at the intersection of the southern
right-of-way of F Street NE and the eastern right-of-way of 2nd Street
NE;
(1) thence south along said eastern right-of-way of 2nd
Street NE to its intersection with the northeastern right-of-
way of Maryland Avenue NE;
(2) thence southwest along said northeastern right-of-way
of Maryland Avenue NE to its intersection with the northern
right-of-way of Constitution Avenue NE;
(3) thence west along said northern right-of-way of
Constitution Avenue NE to its intersection with the eastern
right-of-way of 1st Street NE;
(4) thence south along said eastern right-of-way of 1st
Street NE to its intersection with the southeastern right-of-
way of Maryland Avenue NE;
(5) thence northeast along said southeastern right-of-way
of Maryland Avenue NE to its intersection with the eastern
right-of-way of 2nd Street SE;
(6) thence south along said eastern right-of-way of 2nd
Street SE to its intersection with the northern property
boundary of the property designated as Square 760 Lot 803;
(7) thence east along said northern property boundary of
Square 760 Lot 803 to its intersection with the western right-
of-way of 3rd Street SE;
(8) thence south along said western right-of-way of 3rd
Street SE to its intersection with the northern right-of-way of
Independence Avenue SE;
(9) thence west along said northern right-of-way of
Independence Avenue SE to its intersection with the
northwestern right-of-way of Pennsylvania Avenue SE;
(10) thence northwest along said northwestern right-of-way
of Pennsylvania Avenue SE to its intersection with the eastern
right-of-way of 2nd Street SE;
(11) thence south along said eastern right-of-way of 2nd
Street SE to its intersection with the southern right-of-way of
C Street SE;
(12) thence west along said southern right-of-way of C
Street SE to its intersection with the eastern right-of-way of
1st Street SE;
(13) thence south along said eastern right-of-way of 1st
Street SE to its intersection with the southern right-of-way of
D Street SE;
(14) thence west along said southern right-of-way of D
Street SE to its intersection with the eastern right-of-way of
South Capitol Street;
(15) thence south along said eastern right-of-way of South
Capitol Street to its intersection with the northwestern right-
of-way of Canal Street SE;
(16) thence southeast along said northwestern right-of-way
of Canal Street SE to its intersection with the southern right-
of-way of E Street SE;
(17) thence east along said southern right-of-way of said E
Street SE to its intersection with the western right-of-way of
1st Street SE;
(18) thence south along said western right-of-way of 1st
Street SE to its intersection with the southernmost corner of
the property designated as Square 736S Lot 801;
(19) thence west along a line extended due west from said
corner of said property designated as Square 736S Lot 801 to
its intersection with the southwestern right-of-way of New
Jersey Avenue SE;
(20) thence southeast along said southwestern right-of-way
of New Jersey Avenue SE to its intersection with the
northwestern right-of-way of Virginia Avenue SE;
(21) thence northwest along said northwestern right-of-way
of Virginia Avenue SE to its intersection with the western
right-of-way of South Capitol Street;
(22) thence north along said western right-of-way of South
Capitol Street to its intersection with the southern right-of-
way of E Street SW;
(23) thence west along said southern right-of-way of E
Street SW to its end;
(24) thence west along a line extending said southern
right-of-way of E Street SW westward to its intersection with
the eastern right-of-way of 2nd Street SW;
(25) thence north along said eastern right-of-way of 2nd
Street SW to its intersection with the southwestern right-of-
way of Virginia Avenue SW;
(26) thence northwest along said southwestern right-of-way
of Virginia Avenue SW to its intersection with the western
right-of-way of 3rd Street SW;
(27) thence north along said western right-of-way of 3rd
Street SW to its intersection with the northern right-of-way of
D Street SW;
(28) thence west along said northern right-of-way of D
Street SW to its intersection with the eastern right-of-way of
4th Street SW;
(29) thence north along said eastern right-of-way of 4th
Street SW to its intersection with the northern right-of-way of
C Street SW;
(30) thence west along said northern right-of-way of C
Street SW to its intersection with the eastern right-of-way of
6th Street SW;
(31) thence north along said eastern right-of-way of 6th
Street SW to its intersection with the northern right-of-way of
Independence Avenue SW;
(32) thence west along said northern right-of-way of
Independence Avenue SW to its intersection with the western
right-of-way of 12th Street SW;
(33) thence south along said western right-of-way of 12th
Street SW to its intersection with the northern right-of-way of
D Street SW;
(34) thence west along said northern right-of-way of D
Street SW to its intersection with the eastern right-of-way of
14th Street SW;
(35) thence south along said eastern right-of-way of 14th
Street SW to its intersection with the northeastern boundary of
the Consolidated Rail Corporation railroad easement;
(36) thence southwest along said northeastern boundary of
the Consolidated Rail Corporation railroad easement to its
intersection with the eastern shore of the Potomac River;
(37) thence generally northwest along said eastern shore of
the Potomac River to its intersection with a line extending
westward the northern boundary of the property designated as
Square 12 Lot 806;
(38) thence east along said line extending westward the
northern boundary of the property designated as Square 12 Lot
806 to the northern property boundary of the property
designated as Square 12 Lot 806, and continuing east along said
northern boundary of said property designated as Square 12 Lot
806 to its northeast corner;
(39) thence east along a line extending east from said
northeast corner of the property designated as Square 12 Lot
806 to its intersection with the western boundary of the
property designated as Square 33 Lot 87;
(40) thence south along said western boundary of the
property designated as Square 33 Lot 87 to its intersection
with the northwest corner of the property designated as Square
33 Lot 88;
(41) thence counter-clockwise around the boundary of said
property designated as Square 33 Lot 88 to its southeast
corner, which is along the northern right-of-way of E Street
NW;
(42) thence east along said northern right-of-way of E
Street NW to its intersection with the western right-of-way of
18th Street NW;
(43) thence south along said western right-of-way of 18th
Street NW to its intersection with the southwestern right-of-
way of Virginia Avenue NW;
(44) thence southeast along said southwestern right-of-way
of Virginia Avenue NW to its intersection with the northern
right-of-way of Constitution Avenue NW;
(45) thence east along said northern right-of-way of
Constitution Avenue NW to its intersection with the eastern
right-of-way of 17th Street NW;
(46) thence north along said eastern right-of-way of 17th
Street NW to its intersection with the southern right-of-way of
H Street NW;
(47) thence east along said southern right-of-way of H
Street NW to its intersection with the northwest corner of the
property designated as Square 221 Lot 35;
(48) thence counter-clockwise around the boundary of said
property designated as Square 221 Lot 35 to its southeast
corner, which is along the boundary of the property designated
as Square 221 Lot 37;
(49) thence counter-clockwise around the boundary of said
property designated as Square 221 Lot 37 to its southwest
corner, which it shares with the property designated as Square
221 Lot 818;
(50) thence south along the boundary of said property
designated as Square 221 Lot 818 to its southwest corner, which
it shares with the property designated as Square 221 Lot 40;
(51) thence south along the boundary of said property
designated as Square 221 Lot 40 to its southwest corner;
(52) thence east along the southern border of said property
designated as Square 221 Lot 40 to its intersection with the
northwest corner of the property designated as Square 221 Lot
820;
(53) thence south along the western boundary of said
property designated as Square 221 Lot 820 to its southwest
corner, which it shares with the property designated as Square
221 Lot 39;
(54) thence south along the western boundary of said
property designated as Square 221 Lot 39 to its southwest
corner, which is along the northern right-of-way of
Pennsylvania Avenue NW;
(55) thence east along said northern right-of-way of
Pennsylvania Avenue NW to its intersection with the western
right-of-way of 15th Street NW;
(56) thence south along said western right-of-way of 15th
Street NW to its intersection with a line extending northwest
from the southern right-of-way of the portion of Pennsylvania
Avenue NW north of Pershing Square;
(57) thence southeast along said line extending the
southern right-of-way of Pennsylvania Avenue NW to the southern
right-of-way of Pennsylvania Avenue NW, and continuing
southeast along said southern right-of-way of Pennsylvania
Avenue NW to its intersection with the western right-of-way of
14th Street NW;
(58) thence south along said western right-of-way of 14th
Street NW to its intersection with a line extending west from
the southern right-of-way of D Street NW;
(59) thence east along said line extending west from the
southern right-of-way of D Street NW to the southern right-of-
way of D Street NW, and continuing east along said southern
right-of-way of D Street NW to its intersection with the
eastern right-of-way of 13\1/2\ Street NW;
(60) thence north along said eastern right-of-way of 13\1/
2\ Street NW to its intersection with the southern right-of-way
of Pennsylvania Avenue NW;
(61) thence east and southeast along said southern right-
of-way of Pennsylvania Avenue NW to its intersection with the
western right-of-way of 12th Street NW;
(62) thence south along said western right-of-way of 12th
Street NW to its intersection with a line extending to the west
the southern boundary of the property designated as Square 324
Lot 809;
(63) thence east along said line to the southwest corner of
said property designated as Square 324 Lot 809, and continuing
northeast along the southern boundary of said property
designated as Square 324 Lot 809 to its eastern corner, which
it shares with the property designated as Square 323 Lot 802;
(64) thence east along the southern boundary of said
property designated as Square 323 Lot 802 to its southeast
corner, which it shares with the property designated as Square
324 Lot 808;
(65) thence counter-clockwise around the boundary of said
property designated as Square 324 Lot 808 to its northeastern
corner, which is along the southern right-of-way of
Pennsylvania Avenue NW;
(66) thence southeast along said southern right-of-way of
Pennsylvania Avenue NW to its intersection with the eastern
right-of-way of 4th Street NW;
(67) thence north along a line extending north from said
eastern right-of-way of 4th Street NW to its intersection with
the southern right-of-way of C Street NW;
(68) thence east along said southern right-of-way of C
Street NW to its intersection with the eastern right-of-way of
3rd Street NW;
(69) thence north along said eastern right-of-way of 3rd
Street NW to its intersection with the southern right-of-way of
D Street NW;
(70) thence east along said southern right-of-way of D
Street NW to its intersection with the western right-of-way of
1st Street NW;
(71) thence south along said western right-of-way of 1st
Street NW to its intersection with the northern right-of-way of
C Street NW;
(72) thence west along said northern right-of-way of C
Street NW to its intersection with the western right-of-way of
2nd Street NW;
(73) thence south along said western right-of-way of 2nd
Street NW to its intersection with the northern right-of-way of
Constitution Avenue NW;
(74) thence east along said northern right-of-way of
Constitution Avenue NW to its intersection with the
northeastern right-of-way of Louisiana Avenue NW;
(75) thence northeast along said northeastern right-of-way
of Louisiana Avenue NW to its intersection with the
southwestern right-of-way of New Jersey Avenue NW;
(76) thence northwest along said southwestern right-of-way
of New Jersey Avenue NW to its intersection with the northern
right-of-way of D Street NW;
(77) thence east along said northern right-of-way of D
Street NW to its intersection with the northeastern right-of-
way of Louisiana Avenue NW;
(78) thence northeast along said northeastern right-of-way
of Louisiana Avenue NW to its intersection with the western
right-of-way of North Capitol Street;
(79) thence north along said western right-of-way of North
Capitol Street to its intersection with the southwestern right-
of-way of Massachusetts Avenue NW;
(80) thence southeast along said southwestern right-of-way
of Massachusetts Avenue NW to the southwestern right-of-way of
Massachusetts Avenue NE;
(81) thence southeast along said southwestern right-of-way
of Massachusetts Avenue NE to the southern right-of-way of
Columbus Circle NE;
(82) thence counter-clockwise along said southern right-of-
way of Columbus Circle NE to its intersection with the southern
right-of-way of F Street NE; and
(83) thence east along said southern right-of-way of F
Street NE to the point of beginning.
(c) Streets and Sidewalks.--The Federal District shall include any
street (and sidewalk thereof) that bounds the area described in
subsection (b).
(d) Metes and Bounds Survey.--Not later than 180 days after the
date of the enactment of this Act, the President (in consultation with
the Chair of the National Capital Planning Commission) shall conduct a
metes and bounds survey of the Federal District, as described in
subsection (b).
(e) Clarification of Treatment of Frances Perkins Building.--The
entirety of the Frances Perkins Building, including any portion of the
Building which is north of D Street Northwest, shall be included in the
Federal District.
SEC. 6. TRANSITION PROVISIONS RELATING TO HOUSE OF REPRESENTATIVES.
(a) Temporary Increase in Apportionment.--
(1) In general.--Until the taking effect of the first
reapportionment occurring after the effective date of this
Act--
(A) the State of Maryland shall be entitled to 1
additional Representative, relative to the number of
Representatives to which the State was entitled as of
the day before that effective date;
(B) the additional Representative described in
subparagraph (A) shall replace the Delegate to the
House of Representatives from the District of Columbia;
and
(C) the additional Representative described in
subparagraph (A) shall be in addition to the membership
of the House of Representatives as prescribed by law as
of the day before the date of enactment of this Act.
(2) Temporary appointment of dc delegate as representative
of maryland.--During the period beginning on the effective date
of this Act and ending when a new Congress convenes, the
individual who was serving as the Delegate to the House of
Representatives from the District of Columbia on the day before
that effective date shall serve as the additional
Representative from the State of Maryland described in
paragraph (1)(A).
(3) Increase not counted against total number of members.--
The temporary increase in the membership of the House of
Representatives provided under paragraph (1) shall not--
(A) operate to increase or decrease the permanent
membership of the House of Representatives as
prescribed in sections 1 and 2 of the Act entitled ``An
Act for the apportionment of Representatives in
Congress among the several States under the Thirteenth
Census'', approved August 8, 1911 (2 U.S.C. 2); or
(B) affect the basis of reapportionment established
by section 22 of the Act entitled ``An Act to provide
for the fifteenth and subsequent decennial censuses and
to provide for apportionment of Representatives in
Congress'', approved June 18, 1929 (2 U.S.C. 2a).
(b) Repeal of Laws Providing for Delegate From the District of
Columbia.--
(1) In general.--Sections 202 and 204 of the District of
Columbia Delegate Act (Public Law 91-405; sections 1-401 and 1-
402, D.C. Official Code) are repealed, and the provisions of
law amended or repealed by such sections are restored or
revived as if such sections had not been enacted.
(2) Conforming amendments to federal law.--
(A) Congress.--
(i) Section 26 of the Revised Statutes of
the United States (2 U.S.C. 8) is amended--
(I) in subsection (a), by striking
``, District,''; and
(II) in subsection (b)(6)--
(aa) in the heading, by
striking ``District of columbia
and''; and
(bb) in subparagraph (B),
by striking ``the District of
Columbia,''.
(ii) Section 310(b) of the Legislative
Branch Appropriations Act, 1991 (2 U.S.C.
30a(b)) is amended by striking ``the District
of Columbia,''.
(iii) Section 130(c) of the Joint
Resolution entitled ``Joint Resolution making
continuing appropriations for the fiscal year
1982, and for other purposes'', approved
October 1, 1981 (2 U.S.C. 4502), is amended by
striking ``the District of Columbia,''.
(iv) Paragraph (2) of the second section of
House Resolution 732, Ninety-fourth Congress,
agreed to November 4, 1975, as enacted into
permanent law by section 101 of the Legislative
Branch Appropriation Act, 1977 (2 U.S.C. 4556)
is amended by striking ``the District of
Columbia, Guam,'' and inserting ``Guam''.
(B) Flag and seal, seat of government, and the
states.--Section 113(b)(1) of title 4, United States
Code, is amended by striking ``the District of
Columbia, Guam,'' and inserting ``Guam''.
(C) Armed forces.--Title 10, United States Code, is
amended--
(i) in section 7442--
(I) in subsection (a)--
(aa) by striking paragraph
(5); and
(bb) by redesignating
paragraphs (6) through (10) as
paragraphs (5) through (9),
respectively;
(II) in subsection (d), by striking
``(9)'' and inserting ``(8)''; and
(III) in subsection (f)--
(aa) by striking ``(9) and
(10)'' and inserting ``(8) and
(9)''; and
(bb) by striking ``the
District of Columbia,'';
(ii) in section 8454--
(I) in subsection (a)--
(aa) by striking paragraph
(5); and
(bb) by redesignating
paragraphs (6) through (10) as
paragraphs (5) through (9),
respectively; and
(II) in subsection (d), by striking
``(9)'' and inserting ``(8)''; and
(iii) in section 9442--
(I) in subsection (a)--
(aa) by striking paragraph
(5); and
(bb) by redesignating
paragraphs (6) through (10) as
paragraphs (5) through (9),
respectively;
(II) in subsection (d), by striking
``(9)'' and inserting ``(8)''; and
(III) in subsection (f)--
(aa) by striking ``(9)''
and inserting ``(8)''; and
(bb) by striking ``the
District of Columbia,''.
(D) Crimes and criminal procedure.--Chapter 29 of
title 18, United States Code, is amended--
(i) in section 594, by striking ``Delegate
from the District of Columbia,'';
(ii) in section 595, by striking ``Delegate
from the District of Columbia,''; and
(iii) in section 611(a), by striking
``Delegate from the District of Columbia,''.
(E) Public printing and documents.--Section 906 of
title 44, United States Code, is amended by striking
``the Delegate from the District of Columbia,''.
(F) Shipping.--Section 51302 of title 46, United
States Code, is amended--
(i) in subsection (b)(3), by striking ``the
District of Columbia,''; and
(ii) in subsection (c)--
(I) by striking paragraph (2); and
(II) by redesignating paragraphs
(3) through (6) as paragraphs (2)
through (5).
(G) Voting and elections.--Section 11 of the Voting
Rights Act of 1965 (52 U.S.C. 10307) is amended by
striking ``the District of Columbia, Guam,'' each place
it appears and inserting ``Guam''.
(3) Conforming amendments to district of columbia election
code of 1955.--The District of Columbia Election Code of 1955
is amended--
(A) in section 1 (sec. 1-1001.01, D.C. Official
Code), by striking ``the Delegate to the House of
Representatives,'';
(B) in section 2 (sec. 1-1001.02, D.C. Official
Code)--
(i) by striking paragraph (6);
(ii) in paragraph (12), by striking
``(except the Delegate to Congress for the
District of Columbia)''; and
(iii) in paragraph (13), by striking ``the
Delegate to Congress for the District of
Columbia,'';
(C) in section 8 (sec. 1-1001.08, D.C. Official
Code)--
(i) in the heading, by striking
``Delegate,'';
(ii) by striking ``Delegate,'' each place
it appears in subsections (d), (h)(1)(A),
(h)(2), (i)(1), (j)(1), and (j)(3); and
(iii) in subsection (k)(3), by striking
``Delegate, Mayor,'' and inserting ``Mayor'';
(D) in section 10 (sec. 1-1001.10, D.C. Official
Code)--
(i) in subsection (a)(3), by striking
subparagraph (A); and
(ii) in subsection (d)--
(I) in paragraph (1), by striking
``Delegate,'' each place it appears;
(II) by striking paragraph (2); and
(III) by redesignating paragraph
(3) as paragraph (2);
(E) in section 11(a)(2) (sec. 1-1001.11(a)(2), D.C.
Official Code), by striking ``Delegate to the House of
Representatives,'';
(F) in section 15(b) (sec. 1-1001.15(b), D.C.
Official Code), by striking ``Delegate,''; and
(G) in section 17(a) (sec. 1-1001.17(a), D.C.
Official Code), by striking ``except the Delegate to
the Congress from the District of Columbia''.
(4) Effective date.--The amendments made by this subsection
shall take effect on the date on which the individual serving
as the Delegate to the House of Representatives from the
District of Columbia first serves as a member of the House of
Representatives from the State of Maryland.
SEC. 7. EFFECT ON OTHER LAWS.
No law or regulation in effect on the effective date of this Act
shall be deemed amended or repealed by this Act except to the extent
specifically provided in this Act, or to the extent that such law or
regulation is inconsistent with this Act.
SEC. 8. PROCLAMATION REGARDING ACCEPTANCE OF RETROCESSION BY MARYLAND.
(a) Proclamation by President.--Not later than 30 days after the
State of Maryland enacts legislation accepting the retrocession
described in section 3(a), the President shall issue a proclamation
announcing such acceptance and declaring that the territory ceded to
Congress by the State of Maryland to serve as the District constituting
the permanent seat of the Government of the United States has been
ceded back to the State of Maryland.
(b) Report by Congressional Budget Office on Economic Impact.--
(1) In general.--The Director of the Congressional Budget
Office shall prepare a report analyzing the anticipated
economic impact on the State of Maryland of the State's
acceptance of the retrocession described in section 3(a),
including the anticipated effect on the budgets of the State
government and local governments, and shall submit the report
to Congress and the governor of Maryland.
(2) Delay in enactment of legislation.--The State of
Maryland may not enact legislation accepting the retrocession
described in section 3(a) until the expiration of the 1-year
period that begins on the date on which the Director of the
Congressional Budget Office submits the report prepared under
paragraph (1) to the governor of Maryland.
SEC. 9. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect on
the earlier of--
(1) the date on which the President issues a proclamation
under section 8; or
(2) the date of the ratification of an amendment to the
Constitution of the United States repealing the twenty-third
article of amendment to the Constitution.
<all> | District of Columbia-Maryland Reunion Act | A bill to reduce the size of the seat of the Government of the United States to the area comprised of the principal Federal monuments, the White House, the United States Capitol, the United States Supreme Court Building, and the Federal executive, legislative, and judicial office buildings located adjacent to the Mall and the United States Capitol, to provide for the retrocession of the remaining area of the District of Columbia to the State of Maryland, and for other purposes. | District of Columbia-Maryland Reunion Act | Sen. Marshall, Roger | R | KS |
1,152 | 10,051 | H.R.6139 | Economics and Public Finance | Responsible Budgeting Act
This bill establishes new procedures and requirements for suspending the federal debt limit and considering debt reduction legislation. | To amend chapter 31 of title 31 of the United States Code and title IV
of the Congressional Budget Act of 1974 to automatically suspend the
debt limit for the fiscal year of a budget resolution.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Responsible Budgeting Act''.
SEC. 2. PRESIDENTIAL REQUEST TO SUSPEND THE DEBT LIMIT.
(a) In General.--Title 31, United States Code, is amended by
striking section 3101A and inserting the following:
``Sec. 3101A. Modification of statutory limit on the public debt
``(a) In General.--Upon adoption by Congress of a concurrent
resolution on the budget under section 301 or 304 of the Congressional
Budget Act of 1974 (2 U.S.C. 632, 634) that satisfies the required
ratio, as determined by the Congressional Budget Office, the Clerk of
the House of Representatives shall prepare an engrossment of a joint
resolution in the form prescribed in subsection (b) suspending the
statutory limit on the public debt until the last day of the fiscal
year of that concurrent resolution. Upon engrossment of the joint
resolution, the vote by which the concurrent resolution on the budget
was adopted by the House of Representatives shall also be considered as
a vote on passage of the joint resolution in the House of
Representatives, and the joint resolution shall be considered as passed
by the House of Representatives and duly certified and examined. The
engrossed copy shall be signed by the Clerk of the House of
Representatives and transmitted to the Senate. Upon receipt of the
House of Representatives joint resolution in the Senate, the vote by
which the concurrent resolution on the budget was adopted in the Senate
shall also be considered as a vote on passage of the joint resolution
in the Senate, and the joint resolution shall be considered as passed
by the Senate, duly certified and examined, and transmitted to the
House of Representatives for enrollment.
``(b) Form of Joint Resolution.--The form of the joint resolution
described in this subsection is a joint resolution--
``(1) which does not have a preamble;
``(2) the title of which is only as follows: `Joint
resolution suspending the debt limit, as prepared under section
3101A of title 31, United States Code, on ______' (with the
blank containing the date on which the joint resolution is
prepared); and
``(3) the matter after the resolving clause which is only
as follows: `Section 3101(b) of title 31, United States Code,
shall not apply for the period beginning on the date of
enactment and ending on September 30, ____.' (with the blank
being filled with the fiscal year of the concurrent resolution
on the budget).
``(c) Increase of Debt Limit.--Effective on the date on which the
authority of a joint resolution described in subsection (b) terminates,
the limitation in effect under section 3101(b) shall be increased to
the extent that--
``(1) the face amount of obligations issued under this
chapter and the face amount of obligations whose principal and
interest are guaranteed by the United States Government (except
guaranteed obligations held by the Secretary of the Treasury)
outstanding on such date, exceeds
``(2) the face amount of such obligations outstanding on
the date the debt limit was last in effect.
``(d) Restoring Congressional Authority Over the National Debt.--
``(1) Extension limited to necessary obligations.--An
obligation shall not be taken into account under subsection
(c)(1) unless the issuance of such obligation was necessary to
fund a commitment incurred pursuant to law by the Federal
Government that required payment before the date on which the
authorization of the joint resolution described in subsection
(b) terminates.
``(2) Prohibition on creation of cash reserve during
extension period.--The Secretary of the Treasury shall not
issue obligations during the period specified in the matter
after the resolving clause of a joint resolution, as described
in subsection (b)(3), for the purpose of increasing the cash
balance above normal operating balances in anticipation of the
expiration of such period.
``(e) Rule of Construction.--Nothing in this section shall be
construed as limiting or otherwise affecting--
``(1) the power of the House of Representatives or the
Senate to consider and pass bills or joint resolutions, without
regard to the procedures under subsection (a), that would
change the statutory limit on the public debt; or
``(2) the rights of Members, Delegates, the Resident
Commissioner, or committees with respect to the introduction,
consideration, and reporting of such bills or joint
resolutions.
``(f) Definition.--In this section and section 3101B--
``(1) the term `required ratio' means the ratio that--
``(A) reduces by not less than 10 percentage points
the projected ratio under current law of debt held by
the public to Gross Domestic Product in the tenth
fiscal year after the current fiscal year; and
``(B) reduces such projected ratio by 50 percent of
the total reduction required under subparagraph (A) not
later than the fifth fiscal year after the current
fiscal year; and
``(2) the term `statutory limit on the public debt' means
the maximum face amount of obligations issued under authority
of this chapter and obligations guaranteed as to principal and
interest by the United States (except such guaranteed
obligations as may be held by the Secretary of the Treasury),
as determined under section 3101(b) after the application of
section 3101(a), that may be outstanding at any one time.
``Sec. 3101B. Presidential modification of the debt ceiling
``(a) In General.--
``(1) Written notification.--If, for a fiscal year,
Congress does not adopt a concurrent resolution on the budget
that satisfies the required ratio by the covered date, the
President may submit a written notification to Congress,
including a debt reduction proposal with legislative language
that satisfies the required ratio, that the President is
suspending the statutory limit on the public debt subject to
limit in section 3101(b) and that further borrowing is required
to meet existing commitments.
``(2) Effect of notification.--
``(A) In general.--Subject to subparagraph (C),
upon the submission of a written notification by the
President under paragraph (1), including a debt
reduction proposal comprised of legislative text that
the Director of the Office of Management and Budget has
determined satisfies the required ratio, the statutory
limit on the public debt shall be suspended until the
end of the fiscal year beginning in the calendar year
in which the President submits a request.
``(B) Effective date.--Except as provided in
subparagraph (C), a suspension of the statutory limit
on the public debt under subparagraph (A) shall take
effect on the date that is 30 calendar days after the
date on which the written notification is submitted by
the President under paragraph (1).
``(C) Limitation on authority.--The statutory limit
on the public debt shall not be suspended under this
paragraph if, during the 30-calendar-day period
beginning on the date on which Congress receives a
notification under this paragraph, Congress enacts into
law a joint resolution of disapproval in accordance
with subsection (b).
``(3) Covered date defined.--For purposes of paragraph (1),
the term `covered date' means the earlier of--
``(A) April 15 of the calendar year in which the
fiscal year of the applicable concurrent resolution on
the budget begins; or
``(B) 60 days before the date on which the
statutory limit on the public debt will be reached, as
described in the congressional notification submitted
by the Secretary of the Treasury.
``(4) Increase of debt limit.--Effective on the date the
debt limit extension pursuant to the written notification under
paragraph (1) terminates, the limitation in effect under
section 3101(b) shall be increased to the extent that--
``(A) the face amount of obligations issued under
this chapter and the face amount of obligations whose
principal and interest are guaranteed by the United
States Government (except guaranteed obligations held
by the Secretary of the Treasury) outstanding on such
date, exceeds
``(B) the face amount of such obligations
outstanding on the date the debt limit was last in
effect.
``(5) Restoring congressional authority over the national
debt.--
``(A) Extension limited to necessary obligations.--
An obligation shall not be taken into account under
paragraph (4)(A) unless the issuance of such obligation
was necessary to fund a commitment incurred pursuant to
law by the Federal Government that required payment
before the date on which the debt limit extension
pursuant to the written notification under paragraph
(1) terminates.
``(B) Prohibition on creation of cash reserve
during extension period.--The Secretary of the Treasury
shall not issue obligations during the period beginning
on the effective date described in paragraph (2)(B) and
ending on the last day of the fiscal year described in
paragraph (2)(A) for the purpose of increasing the cash
balance above normal operating balances in anticipation
of the expiration of such period.
``(b) Joint Resolution of Disapproval.--
``(1) In general.--If a joint resolution of disapproval has
not been enacted by the end of the 30-calendar-day period
beginning on the date on which the presidential notification to
which the joint resolution relates was received by Congress
under subsection (a), the statutory limit on public debt shall
be suspended as specified in the presidential notification.
``(2) Contents of joint resolution.--For the purpose of
this section, the term `joint resolution' means only a joint
resolution--
``(A) that is introduced between the date the
written notification is received and 3 calendar days
after that date (or if the House of Representatives or
Senate is not in session, the next calendar date in
which it is in session);
``(B) which does not have a preamble;
``(C) the title of which is only as follows: `Joint
resolution relating to the disapproval of the
President's exercise of authority to suspend the debt
limit, as submitted under section 3101B(a) of title 31,
United States Code, on ______' (with the blank
containing the date of such submission); and
``(D) the matter after the resolving clause of
which is only as follows: `That Congress disapproves of
the President's exercise of authority to suspend the
debt limit, as exercised pursuant to the written
notification under section 3101B(a) of title 31, United
States Code.'.
``(c) Expedited Consideration in the House of Representatives.--
``(1) Reconvening.--Upon receipt of a written notification
described in subsection (a)(1), the Speaker of the House of
Representatives, if the House of Representatives would
otherwise be adjourned, shall notify the Members of the House
of Representatives that, pursuant to this section, the House of
Representatives shall convene not later than the second
calendar day after receipt of such written notification.
``(2) Reporting and discharge.--A joint resolution
introduced under paragraph (1) shall be referred to the
Committee on Ways and Means of the House of Representatives and
such committee shall report the joint resolution to the House
of Representatives without amendment not later than 5 calendar
days after the date on which the joint resolution is
introduced. If the Committee on Ways and Means fails to report
the joint resolution within the 5-day period, the Committee on
Ways and Means shall be discharged from further consideration
of the joint resolution and it shall be referred to the
appropriate calendar.
``(3) Proceeding to consideration.--Upon report or
discharge from the Committee on Ways and Means of the House of
Representatives, and not later than 6 days after the date on
which the joint resolution is introduced under paragraph (1),
it shall be in order to move to proceed to consider the joint
resolution in the House of Representatives. All points of order
against the motion are waived. Such a motion shall not be in
order after the House of Representatives has disposed of a
motion to proceed on a joint resolution addressing a particular
submission. The previous question shall be considered as
ordered on the motion to its adoption without intervening
motion. The motion shall not be debatable. A motion to
reconsider the vote by which the motion is disposed of shall
not be in order.
``(4) Consideration.--The joint resolution shall be
considered as read. All points of order against the joint
resolution and against its consideration are waived. The
previous question shall be considered as ordered on the joint
resolution to its passage without intervening motion except two
hours of debate equally divided and controlled by the proponent
and an opponent. A motion to reconsider the vote on passage of
the joint resolution shall not be in order.
``(d) Expedited Procedure in Senate.--
``(1) Reconvening.--Upon receipt of a written notification
under subsection (a)(1), if the Senate has adjourned or
recessed for more than 2 days, the majority leader of the
Senate, after consultation with the minority leader of the
Senate, shall notify the Members of the Senate that, pursuant
to this section, the Senate shall convene not later than the
second calendar day after receipt of such message.
``(2) Placement on calendar.--Upon introduction in the
Senate, the joint resolution shall be immediately placed on the
calendar.
``(3) Floor consideration.--
``(A) In general.--Notwithstanding Rule XXII of the
Standing Rules of the Senate, it is in order at any
time during the period beginning on the day after the
date on which Congress receives a written notification
under subsection (a) and ending on the sixth day after
the date on which Congress receives a written
notification under subsection (a) (even though a
previous motion to the same effect has been disagreed
to) to move to proceed to the consideration of the
joint resolution, and all points of order against the
joint resolution (and against consideration of the
joint resolution) are waived. The motion to proceed is
not debatable. The motion is not subject to a motion to
postpone. A motion to reconsider the vote by which the
motion is agreed to or disagreed to shall not be in
order. If a motion to proceed to the consideration of
the resolution is agreed to, the joint resolution shall
remain the unfinished business until disposed of.
``(B) Consideration.--Consideration of the joint
resolution, and on all debatable motions and appeals in
connection therewith, shall be limited to not more than
10 hours, which shall be divided equally between the
majority and minority leaders or their designees. A
motion further to limit debate is in order and not
debatable. An amendment to, or a motion to postpone, or
a motion to proceed to the consideration of other
business, or a motion to recommit the joint resolution
is not in order.
``(C) Vote on passage.--If the Senate has voted to
proceed to a joint resolution, the vote on passage of
the joint resolution shall occur immediately following
the conclusion of consideration of the joint
resolution, and a single quorum call at the conclusion
of the debate if requested in accordance with the rules
of the Senate.
``(D) Rulings of the chair on procedure.--Appeals
from the decisions of the Chair relating to the
application of the rules of the Senate, as the case may
be, to the procedure relating to a joint resolution
shall be decided without debate.
``(e) Amendment Not in Order.--A joint resolution of disapproval
considered pursuant to this section shall not be subject to amendment
in either the House of Representatives or the Senate.
``(f) Coordination With Action by Other House.--
``(1) In general.--If, before passing the joint resolution,
one House receives from the other a joint resolution--
``(A) the joint resolution of the other House shall
not be referred to a committee; and
``(B) the procedure in the receiving house shall be
the same as if no joint resolution had been received
from the other house until the vote on passage, when
the joint resolution received from the other house
shall supplant the joint resolution of the receiving
House.
``(2) Treatment of joint resolution of other house.--If the
Senate fails to introduce or consider a joint resolution under
this section, the joint resolution of the House shall be
entitled to expedited floor procedures under this section.
``(3) Treatment of companion measures.--If, following
passage of the joint resolution in the Senate, the Senate then
receives the companion measure from the House of
Representatives, the companion measure shall not be debatable.
``(4) Consideration after passage.--
``(A) In general.--If Congress passes a joint
resolution, the period beginning on the date the
President is presented with the joint resolution and
ending on the date the President signs, allows to
become law without the signature of the President, or
vetoes and returns the joint resolution (but excluding
days when either House is not in session) shall be
disregarded in computing the appropriate calendar day
period described in subsection (b)(1).
``(B) Debate on veto message.--Debate on a veto
message in the Senate under this section shall be 1
hour equally divided between the majority and minority
leaders or their designees.
``(C) Veto override.--If, within the 30-calendar-
day period described in subsection (b)(1), Congress
overrides a veto of a joint resolution, the limitation
in effect under section 3101(b) shall not be suspended.
``(g) Rules of House of Representatives and Senate.--This section
and section 3101A are enacted by Congress--
``(1) as an exercise of the rulemaking power of the Senate
and House of Representatives, respectively, and as such it is
deemed a part of the rules of each House, respectively, but
applicable only with respect to the procedure to be followed in
that House in the case of a joint resolution, and it supersedes
other rules only to the extent that it is inconsistent with
such rules; and
``(2) with full recognition of the constitutional right of
either House to change the rules (so far as relating to the
procedure of that House) at any time, in the same manner, and
to the same extent as in the case of any other rule of that
House.''.
(b) Clerical Amendment.--The table of sections of subchapter I of
chapter 31 of title 31, United States Code, is amended by striking the
item relating to section 3101A and inserting the following:
``3101A. Modification of statutory limit on the public debt.
``3101B. Presidential modification of the debt ceiling.''.
SEC. 3. CONSIDERATION OF THE DEBT REDUCTION PROPOSAL SUBMITTED BY THE
PRESIDENT.
(a) In General.--Part A of title IV of the Congressional Budget and
Impoundment Control Act of 1974 (2 U.S.C. 651 et seq.) is amended by
inserting after section 406 the following:
``SEC. 407. CONSIDERATION OF THE DEBT REDUCTION PROPOSAL SUBMITTED BY
THE PRESIDENT.
``(a) In General.--Any debt reduction proposal submitted by the
President under section 3101B(a)(2)(A) of title 31, United States Code,
is required to satisfy the required ratio as determined by the Office
of Management and Budget.
``(b) Consideration of the President's Proposal in the House of
Representatives.--
``(1) Introduction.--Any debt reduction proposal submitted
by the President under section 3101B of title 31, United States
Code, shall be introduced by the majority or minority leader of
the House of Representatives or their designees. Upon
introduction, the Chair of the Committee on the Budget shall
within 3 days submit the proposal to the Congressional Budget
Office to be scored.
``(2) Referral.--Any proposal introduced under paragraph
(1) shall be referred to the Committee on the Budget of the
House of Representatives.
``(3) Requests by budget committee.--Not later than 3 days
after the date on which a proposal is referred under paragraph
(2), the Chair of the Committee on the Budget of the House of
Representatives shall submit to each appropriate committee of
the House a request that, during the 30-day period beginning on
the date on which the request is made, the appropriate
committee submit to the Committee on the Budget of the House--
``(A) a general assessment of the proposal
introduced under paragraph (1); and
``(B)(i) any recommendations related to the
proposal; or
``(ii) any alternative recommendation to reduce the
deficit within the jurisdiction of the committee.
``(4) Reported legislation by budget committee.--
``(A) In general.--The Committee on the Budget of
the House of Representatives shall report a bill that
meets the required ratio not later than 60 days after
the date on which the President submits a debt
reduction proposal under this section.
``(B) Contents of legislation.--The bill reported
under subparagraph (A) may include--
``(i) the debt reduction proposal submitted
by the President under this section; and
``(ii) any recommendations submitted to the
Committee on the Budget of the House of
Representatives under paragraph (3), including
any modifications to such proposals by the
Committee on the Budget of the House of
Representatives.
``(C) CBO score.--
``(i) In general.--No bill may be reported
under subparagraph (A) unless the Chair of the
Committee on the Budget--
``(I) submits to the Director of
the Congressional Budget Office such
bill for a cost estimate to be prepared
under section 402; and
``(II) receives from the Director a
cost estimate described in subclause
(I) that includes a statement that such
bill meets the required ratio.
``(ii) Time period.--The 60-day period
described in subparagraph (A) shall not include
the period beginning on the date on which the
Chair of the Committee on the Budget of the
House of Representatives submits to the
Director of the Congressional Budget Office the
bill under clause (i)(I) and ending on the date
on which the Chair receives the cost estimate
under clause (i)(II).
``(5) Discharge.--
``(A) In general.--If the Committee on the Budget
of the House of Representatives fails to report a bill
within 60 days after the referral of the proposal
submitted under section 3101B of title 31, United
States Code, and such proposal has been determined by
the Director to satisfy the required ratio, then the
committee shall be discharged from further
consideration of the bill that embodies the debt
reduction proposal of the President and it shall be
referred to the appropriate calendar.
``(B) Consideration.--In the House of
Representatives, if the Committee on Rules fails to
report a rule within 7 legislative days of the bill
being placed on the Calendar for the consideration of a
bill reported by the Committee on the Budget under
paragraph (4) or discharged under subparagraph (A) of
this paragraph which has been determined by the
Director to satisfy the required ratio, then any Member
may offer a privilege resolution providing for the
consideration of the bill. Such resolution shall
provide that upon its adoption it shall be in order to
consider in the House of Representatives the bill. The
bill under the procedure set forth in section 408(c)
shall be debatable for two hours equally divided and
controlled by a proponent and opponent of thereof. The
previous question shall be considered as ordered on the
bill of final passage without intervening motion except
1 motion to recommit.
``(c) Consideration of the President's Proposal in the Senate.--
``(1) Introduction.--Any debt reduction proposal submitted
by the President under section 3101B of title 31, United States
Code, shall be introduced by the majority or minority leader of
the Senate or their designees. Upon introduction, the Chair of
the Committee on the Budget shall within 3 days submit the
proposal to the Congressional Budget Office to be scored.
``(2) Referral.--Any proposal introduced under paragraph
(1) shall be referred to the Committee on the Budget of the
Senate.
``(3) Requests by budget committee.--
``(A) Appropriate committees.--Not later than 3
days after the date on which a proposal is referred
under paragraph (2), the Chair of the Committee on the
Budget of the Senate shall submit to each appropriate
committee of the Senate a request that, during the 30-
day period beginning on the date on which the request
is made, the appropriate committee submit to the
Committee on the Budget of the Senate--
``(i) a general assessment of the proposal
introduced under paragraph (1); and
``(ii)(I) any recommendations related to
the proposal; or
``(II) any alternative recommendation to
reduce the deficit within the jurisdiction of
the committee.
``(B) Other proposals.--Any Member of the Senate
may introduce a bill that meets the required ratio, as
determined by the Congressional Budget Office, which
shall be referred to the Committee on the Budget of the
Senate if the proposal is sponsored by not less than
one-fifth of the Members, duly chosen and sworn,
including--
``(i) not fewer than 10 Members who are
members of or caucus with the members of the
political party of the majority leader of the
Senate; and
``(ii) not fewer than 10 Members who are
members of or caucus with any other political
party that is not the political party of the
majority leader of the Senate.
``(4) Reported legislation by budget committee.--
``(A) In general.--The Committee on the Budget of
the Senate shall report a bill that meets the required
ratio not later than 60 days after the date on which
the President submits a debt reduction proposal under
this section.
``(B) Contents of legislation.--The bill reported
under subparagraph (A) may include--
``(i) the debt reduction proposal submitted
by the President under this section; and
``(ii) any proposal submitted to the
Committee on the Budget of the Senate under
paragraph (3), including any modifications to
such proposals by the Committee on the Budget
of the Senate.
``(C) CBO score.--
``(i) In general.--No bill may be reported
under subparagraph (A) unless the Chair of the
Committee on the Budget--
``(I) submits to the Director of
the Congressional Budget Office such
bill for a cost estimate to be prepared
under section 402; and
``(II) receives from the Director a
cost estimate described in subclause
(I) that includes a statement that such
bill meets the required ratio.
``(ii) Time period.--The 60-day period
described in subparagraph (A) shall not include
the period beginning on the date on which the
Chair of the Committee on the Budget of the
Senate submits to the Director of the
Congressional Budget Office the bill under
clause (i)(I) and ending on the date on which
the Chair receives the cost estimate under
clause (i)(II).
``(5) Discharge.--If the Committee on the Budget of the
Senate has not reported a bill under paragraph (4) before the
end of the 60-day period described in that paragraph, the
Committee on the Budget of the Senate shall be automatically
discharged from further consideration of--
``(A) the proposal introduced under paragraph (1),
which shall be placed on the appropriate calendar; and
``(B) any proposal submitted under paragraph
(3)(B), which shall be placed on the appropriate
calendar.
``(d) Definition.--In this section and section 408, the term
`required ratio' means the ratio that reduces by not less than 5
percentage points the projected ratio under current law of debt held by
the public to Gross Domestic Product in the tenth fiscal year after the
current fiscal year.
``SEC. 408. CONSIDERATION IN THE HOUSE OF REPRESENTATIVES OF
ALTERNATIVE DEBT REDUCTION PROPOSALS.
``(a) Introduction.--In the House of Representatives, any bill that
satisfies the required ratio as determined by the Congressional Budget
Office and does not contain any matter that is unrelated to debt
reduction may be introduced by the majority leader, the minority
leader, or by any other Member (if that Member's proposed bill is
cosponsored by at least 145 other Members or by at least 20 Members of
the majority party and 20 Members of the minority party).
``(b) Referral to Committee on Rules.--Any bill introduced under
subsection (a) shall be referred to the Committee on Rules. Each such
bill shall be scored by the Director of the Congressional Budget Office
to determine if such bill satisfies the required ratio. If such bill
achieves the required ratio, it shall be reported without amendment to
the House for its consideration within 30 calendar days of the date of
introduction of the bill.
``(c) Queen-of-the-Hill Rule for Consideration.--In the House of
Representatives, any bill described in section 407 and any bill
reported under subsection (b) shall be considered in the House of
Representatives pursuant to a special order of business if the text of
the bill provides that the text of all such bills reported under
subsection (b) may be offered as amendments in the nature of a
substitute and if more than one such amendment is adopted then the one
receiving the greater number of affirmative recorded votes shall be
considered as finally adopted.
``SEC. 409. CONSIDERATION ON THE FLOOR OF THE SENATE.
``(a) In General.--Notwithstanding Rule XXII of the Standing Rules
of the Senate, it is in order, not later than 5 days of session after
the date on which a bill meeting the requirements of section 407(c)(4)
is reported from the Committee on the Budget of the Senate or the date
on which any proposal is placed on the calendar after discharge under
section 407(c)(5), as applicable, for the majority leader of the Senate
or a Member of the Senate designated by the majority leader of the
Senate to move to proceed to the consideration of the bill. It shall
also be in order, notwithstanding Rule XXII of the Standing Rules of
the Senate, for any Member of the Senate to move to proceed to the
consideration of the bill at any time after the conclusion of such 5-
day period. A motion to proceed is in order even though a previous
motion to the same effect has been disagreed to. All points of order
against the motion to proceed to the bill are waived. The motion is not
subject to a motion to postpone. A motion to reconsider the vote by
which the motion is agreed to or disagreed to shall not be in order.
Consideration of the motion to proceed shall be limited to not more
than 10 hours equally divided between the majority leader and the
minority leader or their designees. A motion to proceed shall require
an affirmative vote of three-fifths of Senators duly chosen and sworn.
``(b) Extraneous Provisions.--
``(1) In general.--When the Senate is considering a bill
under subsection (a), upon a point of order being made by any
Senator against a extraneous material contained in the joint
resolution, and the point of order is sustained by the Chair,
the provision that contains the extraneous material shall be
stricken from the joint resolution.
``(2) Extraneous material defined.--In this subsection, the
term `extraneous material' means--
``(A) a provision that does not produce a change in
outlays or revenue, including changes in outlays and
revenues brought about by changes in the terms and
conditions under which outlays are made or revenues are
required to be collected (but a provision in which
outlay decreases or revenue increases exactly offset
outlay increases or revenue decreases shall not be
considered extraneous by virtue of this subparagraph);
or
``(B) a provision producing changes in outlays or
revenues which are merely incidental to the non-
budgetary components of the provision.
``(3) Form of the point of order.--A point of order under
paragraph (1) may be raised by a Senator as provided in section
313(e) of the Congressional Budget Act of 1974 (2 U.S.C.
644(e)).
``SEC. 410. CONSIDERATION BY OTHER HOUSE.
``If a House of Congress receives a bill passed by the other House
under section 408 or 409 and has not yet passed a bill under section
408 or 409, the following procedures for consideration shall apply:
``(1) Expedited consideration in the house of
representatives.--
``(A) Proceeding to consideration.--
``(i) In general.--It shall be in order,
not later than 30 days after the date on which
the House of Representatives receives a bill
passed by the Senate under section 409, to move
to proceed to consider the bill in the House of
Representatives.
``(ii) Procedure.--For a motion to proceed
to consider a bill under this subparagraph--
``(I) all points of order against
the motion are waived;
``(II) such a motion shall not be
in order after the House of
Representatives has disposed of a
motion to proceed on the bill;
``(III) the previous question shall
be considered as ordered on the motion
to its adoption without intervening
motion;
``(IV) the motion shall not be
debatable; and
``(V) a motion to reconsider the
vote by which the motion is disposed of
shall not be in order.
``(B) Consideration.--If the House of
Representatives proceeds to consideration of a bill
under this paragraph--
``(i) the bill shall be considered as read;
``(ii) all points of order against the bill
and against its consideration are waived;
``(iii) the previous question shall be
considered as ordered on the bill to its
passage without intervening motion except three
hours of debate equally divided and controlled
by the proponent and an opponent;
``(iv) an amendment to the bill shall not
be in order; and
``(v) a motion to reconsider the vote on
passage of the bill shall not be in order.
``(2) Expedited consideration in the senate.--
``(A) Proceeding to consideration.--
``(i) In general.--Notwithstanding rule
XXII of the Standing Rules of the Senate, it is
in order, not later than 30 days after the date
on which the Senate receives a bill passed
under section 408 by the House of
Representatives, to move to proceed to consider
the bill in the Senate.
``(ii) Procedure.--For a motion to proceed
to the consideration of a bill under this
paragraph--
``(I) all points of order against
the motion are waived;
``(II) the motion is not debatable;
``(III) the motion is not subject
to a motion to postpone;
``(IV) a motion to reconsider the
vote by which the motion is agreed to
or disagreed to shall not be in order;
and
``(V) if the motion is agreed to,
the bill shall remain the unfinished
business until disposed of.
``(B) Floor consideration generally.--If the Senate
proceeds to consideration of a bill under this
paragraph--
``(i) all points of order against the bill
(and against consideration of the bill) are
waived;
``(ii) consideration of the bill, and all
debatable motions and appeals in connection
therewith, shall be limited to not more than 20
hours, which shall be divided equally between
the majority and minority leaders or their
designees;
``(iii) a motion further to limit debate is
in order and not debatable;
``(iv) an amendment to, a motion to
postpone, or a motion to recommit the bill is
not in order; and
``(v) a motion to proceed to the
consideration of other business is not in
order.
``(C) Vote on passage.--The vote on passage of a
bill under this paragraph shall occur immediately
following the conclusion of the consideration of the
bill, and a single quorum call at the conclusion of the
debate if requested in accordance with the rules of the
Senate, and shall require an affirmative vote of three-
fifths of the Members of the Senate duly chosen and
sworn.
``(3) Conferences.--If the Senate and the House of
Representatives have both passed the bill in different forms,
then a conference committee on the bill shall be considered as
ordered and the Speaker of the House of Representatives and the
majority leader of the Senate shall immediately appoint
Managers to such conference committee to resolve any
disagreement between the Houses.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Congressional Budget and Impoundment Control Act of 1974 is amended
by inserting after the item relating to section 406 the following:
``Sec. 407. Consideration of the debt reduction proposal submitted by
the President.
``Sec. 408. Consideration in the House of Representatives of
alternative debt reduction proposals.
``Sec. 409. Consideration on the floor of the Senate.
``Sec. 410. Consideration by other house.''.
<all> | Responsible Budgeting Act | To amend chapter 31 of title 31 of the United States Code and title IV of the Congressional Budget Act of 1974 to automatically suspend the debt limit for the fiscal year of a budget resolution. | Responsible Budgeting Act | Rep. Arrington, Jodey C. | R | TX |
1,153 | 5,554 | H.R.7670 | Commerce | Women-Owned Small Business Program Transparency Act or the WOSB Program Transparency Act
This bill requires the Small Business Administration to report information about the number and total dollar amount of contracts awarded under the Women-Owned Small Business Federal Contracting program. | To amend the Small Business Act to require a report on small business
concerns owned and controlled by women, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Women-Owned Small Business Program
Transparency Act'' or the ``WOSB Program Transparency Act''.
SEC. 2. REPORT ON SMALL BUSINESS CONCERNS OWNED AND CONTROLLED BY
WOMEN.
(a) In General.--Section 8(m) of the Small Business Act (15 U.S.C.
637(m)) is amended by adding at the end the following new paragraph:
``(9) Report.--Not later than May 1, 2023, and annually
thereafter, the Administrator shall submit to the Committee on
Small Business of the House of Representatives and the
Committee on Small Business and Entrepreneurship of the Senate
a report on small business concerns owned and controlled by
women. Such report shall include, for the fiscal year preceding
the date of the report, the following:
``(A) The total number of concerns certified as
small business concerns owned and controlled by women,
disaggregated by the number of concerns certified by--
``(i) the Administrator; or
``(ii) a national certifying entity
approved by the Administrator.
``(B) The amount of fees, if any, charged by each
national certifying entity for such certification.
``(C) The total dollar amount and total percentage
of prime contracts awarded to small business concerns
owned and controlled by women pursuant to paragraph (2)
or pursuant to a waiver granted under paragraph (3).
``(D) The total dollar amount and total percentage
of prime contracts awarded to small business concerns
owned and controlled by women pursuant to paragraphs
(7) and (8).
``(E) With respect to a contract incorrectly
awarded pursuant to this subsection because it was
awarded based on an industry in which small business
concerns owned and controlled by women are not
underrepresented--
``(i) the number of such contracts;
``(ii) the Federal agencies that issued
such contracts; and
``(iii) any steps taken by Administrator to
train the personnel of such Federal agency on
the use of the authority provided under this
subsection.
``(F) With respect to an examination described in
paragraph (5)(B)--
``(i) the number of examinations due
because of recertification requirements and the
actual number of such examinations conducted;
and
``(ii) the number of examinations conducted
for any other reason.
``(G) The number of small business concerns owned
and controlled by women that were found to be
ineligible to be awarded a contract under this
subsection as a result of an examination conducted
pursuant to paragraph (5)(B) or failure to request an
examination pursuant to section 127.400 of title 13,
Code of Federal Regulations (or a successor rule).
``(H) The number of small business concerns owned
and controlled by women that were decertified.
``(I) Any other information the Administrator
determines necessary.''.
(b) Technical Amendment.--Section 8(m)(2)(C) of the Small Business
Act is amended by striking ``paragraph (3)'' and inserting ``paragraph
(4)''.
Passed the House of Representatives June 8, 2022.
Attest:
CHERYL L. JOHNSON,
Clerk. | WOSB Program Transparency Act | To amend the Small Business Act to require a report on small business concerns owned and controlled by women, and for other purposes. | WOSB Program Transparency Act
Women-Owned Small Business Program Transparency Act
WOSB Program Transparency Act
Women-Owned Small Business Program Transparency Act
WOSB Program Transparency Act
Women-Owned Small Business Program Transparency Act | Rep. Houlahan, Chrissy | D | PA |
1,154 | 9,239 | H.R.9038 | Education | Thriving Community Gardens Act
This bill allows local educational agencies to use Student Support and Academic Enrichment grants for the development and maintenance of school or community gardens. Additionally, the bill directs the Department of Education to regularly collect information and publish best practices for the development and maintenance of community gardens. | To amend the Elementary and Secondary Education Act of 1965 to
authorize the use of Student Support and Academic Enrichment Grants for
the development and maintenance of school and community gardens, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Thriving Community Gardens Act''.
SEC. 2. ACTIVITIES TO SUPPORT SAFE AND HEALTHY STUDENTS.
Clause (ii) of section 4108(5)(C) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7118(5)(C)) is amended to read as
follows:
``(ii) support a healthy, active lifestyle,
including--
``(I) nutritional education and
regular, structured physical education
activities and programs, that may
address chronic disease management with
instruction led by school nurses, nurse
practitioners, or other appropriate
specialists or professionals to help
maintain the well-being of students;
and
``(II) the development and
maintenance of school or community
gardens.''.
SEC. 3. INFORMATION COLLECTION AND BEST PRACTICES.
(a) Information Collection.--The Secretary of Education shall
regularly collect information from local educational agencies that use
funds provided under section 4108 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7118) to develop and maintain
community gardens (as authorized under paragraph (5)(C)(ii)(II) of such
section).
(b) Identification of Best Practices.--Based on the information
collected from local educational agencies under subsection (a), the
Secretary of Education shall identify best practices for the
development and maintenance of community gardens as described in such
subsection.
(c) Publication and Updates.--The Secretary of Education shall--
(1) publish the best practices identified under subsection
(b) on a publicly accessible website of the Department of
Education; and
(2) regularly update the best practices based on
information received from local educational agencies under
subsection (a).
<all> | Thriving Community Gardens Act | To amend the Elementary and Secondary Education Act of 1965 to authorize the use of Student Support and Academic Enrichment Grants for the development and maintenance of school and community gardens, and for other purposes. | Thriving Community Gardens Act | Rep. Brown, Shontel M. | D | OH |
1,155 | 3,488 | S.106 | Education | Academic Partnerships Lead Us to Success Act or the A PLUS Act
This bill creates a framework under which states may receive federal elementary and secondary education funds on a consolidated basis and use such funds for any educational purpose permitted by state law. | To allow a State to submit a declaration of intent to the Secretary of
Education to combine certain funds to improve the academic achievement
of students.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Academic Partnerships Lead Us to
Success Act'' or the ``A PLUS Act''.
SEC. 2. PURPOSES.
The purposes of this Act are as follows:
(1) To give States and local communities added flexibility
to determine how to improve academic achievement and implement
education reforms.
(2) To reduce the administrative costs and compliance
burden of Federal education programs in order to focus Federal
resources on improving academic achievement.
(3) To ensure that States and communities are accountable
to the public for advancing the academic achievement of all
students, especially disadvantaged children.
SEC. 3. DEFINITIONS.
In this Act:
(1) In general.--Except as otherwise provided, the terms
used in this Act have the meanings given the terms in section
8101 of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801 et seq.).
(2) Accountability.--The term ``accountability'' means that
public schools are answerable to parents and other taxpayers
for the use of public funds and shall report student progress
to parents and taxpayers regularly.
(3) Declaration of intent.--The term ``declaration of
intent'' means a decision by a State, as determined by State
Authorizing Officials or by referendum, to assume full
management responsibility for the expenditure of Federal funds
for certain eligible programs for the purpose of advancing, on
a more comprehensive and effective basis, the educational
policy of such State.
(4) State.--The term ``State'' has the meaning given such
term in section 1122(e) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6332(e)).
(5) State authorizing officials.--The term ``State
Authorizing Officials'' means the State officials who shall
authorize the submission of a declaration of intent, and any
amendments thereto, on behalf of the State. Such officials
shall include not less than 2 of the following:
(A) The governor of the State.
(B) The highest elected education official of the
State, if any.
(C) The legislature of the State.
(6) State designated officer.--The term ``State Designated
Officer'' means the person designated by the State Authorizing
Officials to submit to the Secretary, on behalf of the State, a
declaration of intent, and any amendments thereto, and to
function as the point-of-contact for the State for the
Secretary and others relating to any responsibilities arising
under this Act.
SEC. 4. DECLARATION OF INTENT.
(a) In General.--Each State is authorized to submit to the
Secretary a declaration of intent permitting the State to receive
Federal funds on a consolidated basis to manage the expenditure of such
funds to advance the educational policy of the State.
(b) Programs Eligible for Consolidation and Permissible Use of
Funds.--
(1) Scope.--A State may choose to include within the scope
of the State's declaration of intent any program for which
Congress makes funds available to the State if the program is
for a purpose described in the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6301). A State may not include
any program funded pursuant to the Individuals with
Disabilities Education Act (20 U.S.C. 1400 et seq.).
(2) Uses of funds.--Funds made available to a State
pursuant to a declaration of intent under this Act shall be
used for any educational purpose permitted by State law of the
State submitting a declaration of intent.
(3) Removal of fiscal and accounting barriers.--Each State
educational agency that operates under a declaration of intent
under this Act shall modify or eliminate State fiscal and
accounting barriers that prevent local educational agencies and
schools from easily consolidating funds from other Federal,
State, and local sources in order to improve educational
opportunities and reduce unnecessary fiscal and accounting
requirements.
(c) Contents of Declaration.--Each declaration of intent shall
contain--
(1) a list of eligible programs that are subject to the
declaration of intent;
(2) an assurance that the submission of the declaration of
intent has been authorized by the State Authorizing Officials,
specifying the identity of the State Designated Officer;
(3) the duration of the declaration of intent;
(4) an assurance that the State will use fiscal control and
fund accounting procedures;
(5) an assurance that the State will meet the requirements
of applicable Federal civil rights laws in carrying out the
declaration of intent and in consolidating and using the funds
under the declaration of intent;
(6) an assurance that in implementing the declaration of
intent the State will seek to advance educational opportunities
for the disadvantaged;
(7) a description of the plan for maintaining direct
accountability to parents and other citizens of the State; and
(8) an assurance that in implementing the declaration of
intent, the State will seek to use Federal funds to supplement,
rather than supplant, State education funding.
(d) Duration.--The duration of the declaration of intent shall not
exceed 5 years.
(e) Review and Recognition by the Secretary.--
(1) In general.--The Secretary shall review the declaration
of intent received from the State Designated Officer not more
than 60 days after the date of receipt of such declaration, and
shall recognize such declaration of intent unless the
declaration of intent fails to meet the requirements under
subsection (c).
(2) Recognition by operation of law.--If the Secretary
fails to take action within the time specified in paragraph
(1), the declaration of intent, as submitted, shall be deemed
to be approved.
(f) Amendment to Declaration of Intent.--
(1) In general.--The State Authorizing Officials may direct
the State Designated Officer to submit amendments to a
declaration of intent that is in effect. Such amendments shall
be submitted to the Secretary and considered by the Secretary
in accordance with subsection (e).
(2) Amendments authorized.--A declaration of intent that is
in effect may be amended to--
(A) expand the scope of such declaration of intent
to encompass additional eligible programs;
(B) reduce the scope of such declaration of intent
by excluding coverage of a Federal program included in
the original declaration of intent;
(C) modify the duration of such declaration of
intent; or
(D) achieve such other modifications as the State
Authorizing Officials deem appropriate.
(3) Effective date.--The amendment shall specify an
effective date. Such effective date shall provide adequate time
to assure full compliance with Federal program requirements
relating to an eligible program that has been removed from the
coverage of the declaration of intent by the proposed
amendment.
(4) Treatment of program funds withdrawn from declaration
of intent.--Beginning on the effective date of an amendment
executed under paragraph (2)(B), each program requirement of
each program removed from the declaration of intent shall apply
to the State's use of funds made available under the program.
SEC. 5. TRANSPARENCY FOR RESULTS OF PUBLIC EDUCATION.
(a) In General.--Each State operating under a declaration of intent
under this Act shall inform parents and the general public regarding
the student achievement assessment system, demonstrating student
progress relative to the State's determination of student proficiency
for the purpose of public accountability to parents and taxpayers.
(b) Accountability System.--The State shall determine and establish
an accountability system to ensure accountability under this Act.
(c) Report on Student Progress.--Not later than 1 year after the
effective date of the declaration of intent, and annually thereafter, a
State shall disseminate widely to parents and the general public a
report that describes student progress. The report shall include--
(1) student performance data disaggregated in the same
manner as data are disaggregated under section
1111(b)(2)(B)(xi) of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 6311(b)(2)(B)(xi)); and
(2) a description of how the State has used Federal funds
to improve academic achievement, reduce achievement disparities
between various student groups, and improve educational
opportunities for the disadvantaged.
SEC. 6. ADMINISTRATIVE EXPENSES.
(a) In General.--Except as provided in subsection (b), the amount
that a State with a declaration of intent may expend for administrative
expenses shall be limited to 1 percent of the aggregate amount of
Federal funds made available to the State through the eligible programs
included within the scope of such declaration of intent.
(b) States Not Consolidating Funds Under Part A of Title I.--If the
declaration of intent does not include within its scope part A of title
I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311
et seq.), the amount spent by the State on administrative expenses
shall be limited to 3 percent of the aggregate amount of Federal funds
made available to the State pursuant to such declaration of intent.
SEC. 7. EQUITABLE PARTICIPATION OF PRIVATE SCHOOLS.
Each State consolidating and using funds pursuant to a declaration
of intent under this Act shall provide for the participation of private
school children and teachers in the activities assisted under the
declaration of intent in the same manner as participation is provided
to private school children and teachers under section 8501 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 7881).
<all> | Academic Partnerships Lead Us to Success Act | A bill to allow a State to submit a declaration of intent to the Secretary of Education to combine certain funds to improve the academic achievement of students. | A PLUS Act
Academic Partnerships Lead Us to Success Act | Sen. Daines, Steve | R | MT |
1,156 | 9,122 | H.R.8957 | Taxation | Gun Violence Prevention and Safe Communities Act of 2022
This bill increases by .5% the excise tax on firearms, including pistols, revolvers, and shells and cartridges. The bill establishes the Gun Violence Prevention Trust Fund into which the increased tax revenues are deposited to fund gun violence prevention programs. The Trust Fund creates separate accounts for violence prevention, gun violence research, hate crimes data collection and enforcement, and firearm forensics.
The bill also requires an inflation adjustment to the amount of the special tax on importers, manufacturers, and dealers in firearms and the transfer tax on firearms. | To amend the Internal Revenue Code of 1986 to increase certain taxes
related to firearms, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Gun Violence Prevention and Safe
Communities Act of 2022''.
SEC. 2. INCREASE IN EXCISE TAX ON SALE OF FIREARMS, ETC.
(a) In General.--Section 4181 of the Internal Revenue Code of 1986
is amended--
(1) by striking ``There'' and inserting the following:
``(a) In General.--There'', and
(2) by adding at the end the following new subsection:
``(b) Increased Tax To Fund Gun Violence Prevention Programs.--
``(1) In general.--Each rate of tax imposed under
subsection (a) is hereby increased by 0.5 percentage points.
``(2) Application of tax to frames and receivers.--
``(A) In general.--Any frame or receiver of a
firearm shall be subject to tax under subsection (a)
(after taking into account paragraph (1)) in the same
manner as a firearm which is neither a pistol nor a
revolver.
``(B) Special rule for split or modular frames and
receivers.--In the case of any split or modular frame
or receiver, if any module of such frame or receiver is
sold separately, such module shall be treated as a
frame or receiver if (and only if) such module is
required to be marked and serialized by the Attorney
General.
``(C) Prevention of double taxation.--Subparagraph
(A) shall not apply to any frame or receiver if the
manufacturer, producer, or importer thereof
demonstrates to the satisfaction of the Secretary that
such frame or receiver will be used in the manufacture
or production of a firearm to which the tax imposed by
this section applies.''.
(b) Exemption for United States.--Subsection (b) of section 4182 of
the Internal Revenue Code of 1986 is amended to read as follows:
``(b) Sales to United States.--No firearm, pistol, revolver, frame
or receiver for a firearm, shell, or cartridge purchased with funds
appropriated for any department, agency, or instrumentality of the
United States shall be subject to any tax imposed on the sale or
transfer of such article.''.
(c) Gun Violence Prevention Trust Fund.--
(1) In general.--Subchapter A of chapter 98 of the Internal
Revenue Code of 1986 is amended by adding at the end the
following new section:
``SEC. 9512. GUN VIOLENCE PREVENTION TRUST FUND.
``(a) Creation of Trust Fund.--
``(1) In general.--There is established in the Treasury of
the United States a trust fund to be known as the `Gun Violence
Prevention Trust Fund', consisting of such amounts as may be
appropriated or credited to such fund as provided in this
section or section 9602(b).
``(2) Establishment of accounts.--There is established in
the Gun Violence Prevention Trust Fund each of the following
accounts:
``(A) The Violence Prevention Account.
``(B) The Gun Violence Research Account.
``(C) Hate Crimes Data Collection, Prevention, and
Enforcement Account.
``(D) Firearm Forensics Account.
``(3) Gun violence research subaccounts.--There is
established in the Gun Violence Research Account a Centers for
Disease Control and Prevention Subaccount and a National
Institutes of Health Subaccount.
``(b) Transfers to Trust Fund and Accounts.--There are hereby
appropriated to the Gun Violence Prevention Trust Fund amounts
equivalent to the taxes received in the Treasury under section 4181(b).
Such amounts shall be divided equally among each of the accounts
established under subsection (a)(2). Such amounts allocated to the Gun
Violence Research Account under the preceding sentence shall be divided
equally between the Centers for Disease Control and Prevention
Subaccount and the National Institutes of Health Subaccount.
``(c) Expenditures.--Amounts in the Gun Violence Prevention Trust
Fund shall be available, as provided in appropriation Acts, only as
follows:
``(1) Violence prevention.--Amounts in the Violence
Prevention Account shall be available to the Office of Justice
Programs of the Department of Justice to carry out community-
based violence intervention and prevention initiatives.
``(2) Gun violence research.--
``(A) Centers for disease control and prevention.--
Amounts in the Centers for Disease Control and
Prevention Subaccount shall be available to the
National Center for Injury Prevention and Control of
the Centers for Disease Control and Prevention for
purposes of research on gun violence and its
prevention, including prevention of suicide by firearm.
``(B) National institutes of health.--Amounts in
the National Institutes of Health Subaccount shall be
available to the National Institutes of Health for
purposes of research on gun violence and its
prevention, including prevention of suicide by firearm.
``(3) Hate crimes data collection, prevention, and
enforcement.--Amounts in the Hate Crimes Data Collection,
Prevention, and Enforcement Account shall be available to carry
out the Jabara-Heyer NO HATE Act (section 5 of Public Law 117-
13).
``(4) Firearm forensics.--Amounts in the Firearm Forensics
Account shall be available to the Bureau of Alcohol, Tobacco,
Firearms and Explosives for the activities of the National
Firearms Examiner Academy.''.
(2) Conforming amendments.--
(A) Section 3(a) of the Pittman-Robertson Wildlife
Restoration Act (16 U.S.C. 669b(a)) is amended by
inserting ``(other than subsection (b) thereof)'' after
``4181''.
(B) The table of sections for subchapter A of
chapter 98 of the Internal Revenue Code of 1986 is
amended by adding at the end the following new item:
``Sec. 9512. Gun Violence Prevention Trust Fund.''.
(d) Effective Date.--The amendments made by this section shall
apply with respect to sales after the date of the enactment of this
Act.
SEC. 3. INFLATION ADJUSTMENT OF OCCUPATIONAL AND TRANSFER TAXES
RELATING TO FIREARMS.
(a) Occupational Tax Adjusted for Inflation.--
(1) In general.--Section 5801 of the Internal Revenue Code
of 1986 is amended by adding at the end the following new
subsection:
``(c) Adjustment for Inflation.--In the case of any taxable period
beginning in a calendar year after 2022, the $1,000 amounts in
subsections (a)(1) and (b)(1) and the $500 amounts in subsections
(a)(2) and (b)(1) shall each be increased by an amount equal to--
``(1) such dollar amount, multiplied by
``(2) the cost-of-living adjustment determined under
section 1(f)(3) for the calendar year in which the taxable year
begins, determined by substituting `calendar year 2021' for
`calendar year 2016' in subparagraph (A)(ii) thereof.
If any increase under the preceding sentence is not a multiple of $10,
such increase shall be rounded to the next lowest multiple of $10.''.
(2) Effective date.--The amendment made by this section
shall apply to taxable periods beginning after December 31,
2022.
(b) Transfer Tax Adjusted for Inflation.--
(1) In general.--Section 5811 of the Internal Revenue Code
of 1986 is amended by adding at the end the following new
subsection:
``(d) Adjustment for Inflation.--In the case of any transfer after
2022, the $200 and $5 amounts in subsection (a) shall each be increased
by an amount equal to--
``(1) such dollar amount, multiplied by
``(2) the cost-of-living adjustment determined under
section 1(f)(3) for the calendar year in which the transfer
occurs, determined by substituting `calendar year 2021' for
`calendar year 2016' in subparagraph (A)(ii) thereof.
If any increase under the preceding sentence is not a multiple of $5
($1 in the case of any increase of the $5 amount), such increase shall
be rounded to the next lowest multiple of $5 ($1 in the case of any
increase of the $5 amount).''.
(2) Effective date.--The amendment made by this section
shall apply to transfers after December 31, 2022.
<all> | Gun Violence Prevention and Safe Communities Act of 2022 | To amend the Internal Revenue Code of 1986 to increase certain taxes related to firearms, and for other purposes. | Gun Violence Prevention and Safe Communities Act of 2022 | Rep. Davis, Danny K. | D | IL |
1,157 | 3,498 | S.1324 | Government Operations and Politics | Civilian Cybersecurity Reserve Act
This bill authorizes the Cybersecurity and Infrastructure Security Agency (CISA) to create a temporary Civilian Cybersecurity Reserve to address U.S. cybersecurity needs with respect to national security.
CISA must submit an implementation plan for congressional review before taking any further action with respect to the reserve. In addition, CISA and the Government Accountability Office must evaluate and report on the reserve, including whether it should be made permanent. | To establish a Civilian Cyber Security Reserve as a pilot project to
address the cyber security needs of the United States with respect to
national security, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Civilian Cybersecurity Reserve
Act''.
SEC. 2. CIVILIAN CYBERSECURITY RESERVE PILOT PROJECT.
(a) Definitions.--In this section:
(1) Agency.--The term ``Agency'' means the Cybersecurity
and Infrastructure Security Agency.
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(B) the Committee on Appropriations of the Senate;
(C) the Committee on Homeland Security of the House
of Representatives;
(D) the Committee on Oversight and Reform of the
House of Representatives; and
(E) the Committee on Appropriations of the House of
Representatives.
(3) Competitive service.--The term ``competitive service''
has the meaning given the term in section 2102 of title 5,
United States Code.
(4) Director.--The term ``Director'' means the Director of
the Agency.
(5) Excepted service.--The term ``excepted service'' has
the meaning given the term in section 2103 of title 5, United
States Code.
(6) Significant incident.--The term ``significant
incident''--
(A) means an incident or a group of related
incidents that results, or is likely to result, in
demonstrable harm to--
(i) the national security interests,
foreign relations, or economy of the United
States; or
(ii) the public confidence, civil
liberties, or public health and safety of the
people of the United States; and
(B) does not include an incident or a portion of a
group of related incidents that occurs on--
(i) a national security system, as defined
in section 3552 of title 44, United States
Code; or
(ii) an information system described in
paragraph (2) or (3) of section 3553(e) of
title 44, United States Code.
(7) Temporary position.--The term ``temporary position''
means a position in the competitive or excepted service for a
period of 6 months or less.
(8) Uniformed services.--The term ``uniformed services''
has the meaning given the term in section 2101 of title 5,
United States Code.
(b) Pilot Project.--
(1) In general.--The Director may carry out a pilot project
to establish a Civilian Cybersecurity Reserve at the Agency.
(2) Purpose.--The purpose of a Civilian Cybersecurity
Reserve is to enable the Agency to effectively respond to
significant incidents.
(3) Alternative methods.--Consistent with section 4703 of
title 5, United States Code, in carrying out a pilot project
authorized under paragraph (1), the Director may, without
further authorization from the Office of Personnel Management,
provide for alternative methods of--
(A) establishing qualifications requirements for,
recruitment of, and appointment to positions; and
(B) classifying positions.
(4) Appointments.--Under the pilot project authorized under
paragraph (1), upon occurrence of a significant incident, the
Director--
(A) may activate members of the Civilian
Cybersecurity Reserve by--
(i) noncompetitively appointing members of
the Civilian Cybersecurity Reserve to temporary
positions in the competitive service; or
(ii) appointing members of the Civilian
Cybersecurity Reserve to temporary positions in
the excepted service;
(B) shall notify Congress whenever a member is
activated under subparagraph (A); and
(C) may appoint not more than 30 members to the
Civilian Cybersecurity Reserve under subparagraph (A)
at any time.
(5) Status as employees.--An individual appointed under
subsection (b)(4) shall be considered a Federal civil service
employee under section 2105 of title 5, United States Code.
(6) Additional employees.--Individuals appointed under
subsection (b)(4) shall be in addition to any employees of the
Agency who provide cybersecurity services.
(7) Employment protections.--The Secretary of Labor shall
prescribe such regulations as necessary to ensure the
reemployment, continuation of benefits, and non-discrimination
in reemployment of individuals appointed under subsection
(b)(4), provided that such regulations shall include, at a
minimum, those rights and obligations set forth under chapter
43 of title 38, United States Code.
(8) Status in reserve.--During the period beginning on the
date on which an individual is recruited by the Agency to serve
in the Civilian Cybersecurity Reserve and ending on the date on
which the individual is appointed under subsection (b)(4), and
during any period in between any such appointments, the
individual shall not be considered a Federal employee.
(c) Eligibility; Application and Selection.--
(1) In general.--Under the pilot project authorized under
subsection (b), the Director shall establish criteria for--
(A) individuals to be eligible for the Civilian
Cybersecurity Reserve; and
(B) the application and selection processes for the
Civilian Cybersecurity Reserve.
(2) Requirements for individuals.--The criteria established
under paragraph (1)(A) with respect to an individual shall
include--
(A) previous employment--
(i) by the executive branch;
(ii) within the uniformed services;
(iii) as a Federal contractor within the
executive branch; or
(iv) by a State, local, Tribal, or
territorial government;
(B) if the individual has previously served as a
member of the Civilian Cybersecurity Reserve of the
Agency, that the previous appointment ended not less
than 60 days before the individual may be appointed for
a subsequent temporary position in the Civilian
Cybersecurity Reserve of the Agency; and
(C) cybersecurity expertise.
(3) Prescreening.--The Agency shall--
(A) conduct a prescreening of each individual prior
to appointment under subsection (b)(4) for any topic or
product that would create a conflict of interest; and
(B) require each individual appointed under
subsection (b)(4) to notify the Agency if a potential
conflict of interest arises during the appointment.
(4) Agreement required.--An individual may become a member
of the Civilian Cybersecurity Reserve only if the individual
enters into an agreement with the Director to become such a
member, which shall set forth the rights and obligations of the
individual and the Agency.
(5) Exception for continuing military service
commitments.--A member of the Selected Reserve under section
10143 of title 10, United States Code, may not be a member of
the Civilian Cybersecurity Reserve.
(6) Priority.--In appointing individuals to the Civilian
Cybersecurity Reserve, the Agency shall prioritize the
appointment of individuals described in clause (i) or (ii) of
paragraph (2)(A) before considering individuals described in
clause (iii) or (iv) of paragraph (2)(A).
(7) Prohibition.--Any individual who is an employee of the
executive branch may not be recruited or appointed to serve in
the Civilian Cybersecurity Reserve.
(d) Security Clearances.--
(1) In general.--The Director shall ensure that all members
of the Civilian Cybersecurity Reserve undergo the appropriate
personnel vetting and adjudication commensurate with the duties
of the position, including a determination of eligibility for
access to classified information where a security clearance is
necessary, according to applicable policy and authorities.
(2) Cost of sponsoring clearances.--If a member of the
Civilian Cybersecurity Reserve requires a security clearance in
order to carry out their duties, the Agency shall be
responsible for the cost of sponsoring the security clearance
of a member of the Civilian Cybersecurity Reserve.
(e) Study and Implementation Plan.--
(1) Study.--Not later than 60 days after the date of
enactment of this Act, the Agency shall begin a study on the
design and implementation of the pilot project authorized under
subsection (b)(1) at the Agency, including--
(A) compensation and benefits for members of the
Civilian Cybersecurity Reserve;
(B) activities that members may undertake as part
of their duties;
(C) methods for identifying and recruiting members,
including alternatives to traditional qualifications
requirements;
(D) methods for preventing conflicts of interest or
other ethical concerns as a result of participation in
the pilot project and details of mitigation efforts to
address any conflict of interest concerns;
(E) resources, including additional funding, needed
to carry out the pilot project;
(F) possible penalties for individuals who do not
respond to activation when called, in accordance with
the rights and procedures set forth under title 5, Code
of Federal Regulations; and
(G) processes and requirements for training and
onboarding members.
(2) Implementation plan.--Not later than 1 year after
beginning the study required under paragraph (1), the Agency
shall--
(A) submit to the appropriate congressional
committees an implementation plan for the pilot project
authorized under subsection (b)(1); and
(B) provide to the appropriate congressional
committees a briefing on the implementation plan.
(3) Prohibition.--The Agency may not take any action to
begin implementation of the pilot project authorized under
subsection (b)(1) until the Agency fulfills the requirements
under paragraph (2).
(f) Project Guidance.--Not later than 2 years after the date of
enactment of this Act, the Director shall, in consultation with the
Office of Personnel Management and the Office of Government Ethics,
issue guidance establishing and implementing the pilot project
authorized under subsection (b)(1) at the Agency.
(g) Briefings and Report.--
(1) Briefings.--Not later than 1 year after the date of
enactment of this Act, and every year thereafter, the Agency
shall provide to the appropriate congressional committees a
briefing on activities carried out under the pilot project of
the Agency, including--
(A) participation in the Civilian Cybersecurity
Reserve, including the number of participants, the
diversity of participants, and any barriers to
recruitment or retention of members;
(B) an evaluation of the ethical requirements of
the pilot project;
(C) whether the Civilian Cybersecurity Reserve has
been effective in providing additional capacity to the
Agency during significant incidents; and
(D) an evaluation of the eligibility requirements
for the pilot project.
(2) Report.--Not earlier than 6 months and not later than 3
months before the date on which the pilot project of the Agency
terminates under subsection (i), the Agency shall submit to the
appropriate congressional committees a report and provide a
briefing on recommendations relating to the pilot project,
including recommendations for--
(A) whether the pilot project should be modified,
extended in duration, or established as a permanent
program, and if so, an appropriate scope for the
program;
(B) how to attract participants, ensure a diversity
of participants, and address any barriers to
recruitment or retention of members of the Civilian
Cybersecurity Reserve;
(C) the ethical requirements of the pilot project
and the effectiveness of mitigation efforts to address
any conflict of interest concerns; and
(D) an evaluation of the eligibility requirements
for the pilot project.
(h) Evaluation.--Not later than 3 years after the pilot project
authorized under subsection (b) is established in the Agency, the
Comptroller General of the United States shall--
(1) conduct a study evaluating the pilot project at the
Agency; and
(2) submit to Congress--
(A) a report on the results of the study; and
(B) a recommendation with respect to whether the
pilot project should be modified, extended in duration,
or established as a permanent program.
(i) Sunset.--The pilot project authorized under this section shall
terminate on the date that is 4 years after the date on which the pilot
project is established.
(j) No Additional Funds.--
(1) In general.--No additional funds are authorized to be
appropriated for the purpose of carrying out this Act.
(2) Existing authorized amounts.--Funds to carry out this
Act may, as provided in advance in appropriations Acts, only
come from amounts authorized to be appropriated to the Agency.
Passed the Senate December 20, 2022.
Attest:
Secretary.
117th CONGRESS
2d Session
S. 1324
_______________________________________________________________________ | Civilian Cybersecurity Reserve Act | A bill to establish a Civilian Cyber Security Reserve as a pilot project to address the cyber security needs of the United States with respect to national security, and for other purposes. | Civilian Cybersecurity Reserve Act
Civilian Cybersecurity Reserve Act
Civilian Cyber Security Reserve Act | Sen. Rosen, Jacky | D | NV |
1,158 | 13,749 | H.R.4697 | Taxation | This bill eliminates a requirement that, to the maximum extent practicable, certain construction subcontracts awarded by the Small Business Administration must be awarded within the county or state where the work is to be performed. | To amend the Small Business Act to eliminate certain requirements
relating to the award of construction subcontracts within the county or
State of performance.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. ELIMINATION OF REQUIREMENT RELATING TO AWARD OF CONSTRUCTION
SUBCONTRACTS WITHIN COUNTY OR STATE OF PERFORMANCE.
Section 8(a) of the Small Business Act (15 U.S.C. 637(a)) is
amended by striking paragraph (11).
<all> | To amend the Small Business Act to eliminate certain requirements relating to the award of construction subcontracts within the county or State of performance. | To amend the Small Business Act to eliminate certain requirements relating to the award of construction subcontracts within the county or State of performance. | Official Titles - House of Representatives
Official Title as Introduced
To amend the Small Business Act to eliminate certain requirements relating to the award of construction subcontracts within the county or State of performance. | Rep. Young, Don | R | AK |
1,159 | 4,422 | S.208 | International Affairs | Holding Russia Accountable for Malign Activities Act of 2021
This bill directs the President to impose visa- and asset-blocking sanctions on any current or former official of Russia's government involved in the August 20, 2020, poisoning of Russian opposition leader Alexei Navalny or the subsequent cover-up of the poisoning. An individual or entity that violates, attempts to violate, conspires to violate, or causes a violation of such sanctions shall be subject to civil and criminal penalties.
In addition, the President shall report to Congress on the personal wealth of Russian President Vladimir Putin and his family members. The Department of State shall report to Congress on the circumstances of the February 27, 2015, assassination of Russian opposition leader Boris Nemtsov.
| To impose sanctions with respect to individuals associated with the
Government of the Russian Federation who are complicit in the poisoning
and repression of citizens of the Russian Federation for political
motives, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Holding Russia Accountable for
Malign Activities Act of 2021''.
SEC. 2. IMPOSITION OF SANCTIONS WITH RESPECT TO THE POISONING OF
OPPOSITION LEADER ALEXEI NAVALNY.
(a) Identification.--Not later than 90 days after the date of the
enactment of this Act, the President shall submit to Congress a report
identifying any current or former official of, or other individual
acting for or on behalf of, the Government of the Russian Federation
that the President determines was involved in the poisoning on August
20, 2020, of Russian opposition leader Alexei Navalny or the subsequent
cover-up of the poisoning.
(b) Imposition of Sanctions.--With respect to each official or
other individual identified in the report required by subsection (a),
the President shall impose sanctions under the Global Magnitsky Human
Rights Accountability Act (subtitle F of title XII of Public Law 114-
328; 22 U.S.C. 2656 note) or the following sanctions:
(1) Asset blocking.--The President shall exercise all of
the powers granted to the President under the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the
extent necessary to block and prohibit all transactions in
property and interests in property of the official or other
individual identified in the report required by subsection (a)
if such property and interests in property are in the United
States, come within the United States, or are or come within
the possession or control of a United States person.
(2) Ineligibility for visas, admission, or parole.--
(A) Visas, admission, or parole.--An alien
identified in the report required by subsection (a)
is--
(i) inadmissible to the United States;
(ii) ineligible to receive a visa or other
documentation to enter the United States; and
(iii) otherwise ineligible to be admitted
or paroled into the United States or to receive
any other benefit under the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.).
(B) Current visas revoked.--
(i) In general.--An alien identified in the
report required by subsection (a) is subject to
revocation of any visa or other entry
documentation regardless of when the visa or
other entry documentation is or was issued.
(ii) Immediate effect.--A revocation under
clause (i) shall--
(I) take effect immediately; and
(II) cancel any other valid visa or
entry documentation that is in the
alien's possession.
(c) Waiver; Exceptions; Implementation of Sanctions.--
(1) Implementation; penalties.--
(A) Implementation.--The President may exercise all
authorities provided under sections 203 and 205 of the
International Emergency Economic Powers Act (50 U.S.C.
1702 and 1704) to the extent necessary to carry out
this section.
(B) Penalties.--A person that violates, attempts to
violate, conspires to violate, or causes a violation of
subsection (b)(1), or any regulation, license, or order
issued to carry out that subsection, shall be subject
to the penalties set forth in subsections (b) and (c)
of section 206 of the International Emergency Economic
Powers Act (50 U.S.C. 1705) to the same extent as a
person that commits an unlawful act described in
subsection (a) of that section.
(2) National security waiver.--The President may waive the
application of sanctions under this section with respect to a
person if the President determines and certifies to Congress
that such a waiver is in the national security interests of the
United States.
(3) Exceptions.--
(A) Exception for intelligence activities.--
Sanctions under this section shall not apply to any
activity subject to the reporting requirements under
title V of the National Security Act of 1947 (50 U.S.C.
3091 et seq.) or any authorized intelligence activities
of the United States.
(B) Exception to comply with international
obligations.--Sanctions under subsection (b)(2) shall
not apply with respect to an alien if admitting or
paroling the alien into the United States is necessary
to permit the United States to comply with the
Agreement regarding the Headquarters of the United
Nations, signed at Lake Success June 26, 1947, and
entered into force November 21, 1947, between the
United Nations and the United States, or other
applicable international obligations.
(C) Exception relating to the importation of
goods.--
(i) In general.--The authorities and
requirements to impose sanctions authorized
under this section shall not include the
authority or a requirement to impose sanctions
on the importation of goods.
(ii) Good defined.--In this subparagraph,
the term ``good'' means any article, natural or
manmade substance, material, supply, or
manufactured product, including inspection and
test equipment, and excluding technical data.
(d) Definitions.--In this section:
(1) Admission; admitted; alien.--The terms ``admission'',
``admitted'', and ``alien'' have the meanings given those terms
in section 101 of the Immigration and Nationality Act (8 U.S.C.
1101).
(2) United states person.--The term ``United States
person'' means--
(A) an individual who is a United States citizen or
an alien lawfully admitted for permanent residence to
the United States;
(B) an entity organized under the laws of the
United States or any jurisdiction within the United
States, including a foreign branch of such an entity;
or
(C) any person in the United States.
SEC. 3. REPORT ON THE ASSASSINATION OF BORIS NEMTSOV.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of State, in coordination with the Director of
National Intelligence, shall submit to Congress a report detailing the
circumstances of the assassination on February 27, 2015, of Russian
opposition leader Boris Nemtsov, including--
(1) a list of the individuals the Secretary determines to
have been involved in the assassination as perpetrators or as
having organized or directed the assassination;
(2) a description of what measures, if any, have been taken
by the Government of the Russian Federation to investigate the
assassination and bring the individuals described in paragraph
(1) to justice; and
(3) an assessment of the effectiveness of those measures.
SEC. 4. REPORT ON PERSONAL WEALTH OF VLADIMIR PUTIN AND HIS FAMILY
MEMBERS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the President shall submit to Congress a report
on the sources and extent of the personal wealth of the President of
the Russian Federation, Vladimir Putin, and his family members.
(b) Personal Wealth.--The report required by subsection (a) shall
include an assessment of the assets, investments, bank accounts, other
business interests, and relevant beneficial ownership information of
Vladimir Putin and his family members.
(c) Form.--The report required by subsection (a) shall be submitted
in unclassified form but may include a classified annex.
SEC. 5. DIPLOMATIC ENGAGEMENT WITH GERMANY WITH RESPECT TO SUPPORT FOR
NORD STREAM 2 PIPELINE.
It is the sense of Congress that the Secretary of State should urge
the Government of Germany to withdraw its support for the Nord Stream 2
gas pipeline from the Russian Federation, emphasizing the impropriety
of involvement in a project that will support a government that murders
its citizens for highlighting corruption and other abuses, while at the
same making Europe more reliant on the destabilizing and untrustworthy
leadership of the Russian Federation.
SEC. 6. SENSE OF CONGRESS ON IMPOSITION OF ADDITIONAL SANCTIONS
RELATING TO RECENT USE OF NOVICHOK IN THE RUSSIAN
FEDERATION.
It is the sense of Congress that the President should--
(1) make a determination under section 306(a) of the
Chemical and Biological Weapons Control and Warfare Elimination
Act of 1991 (22 U.S.C. 5604(a)) with respect to whether the
recent use of Novichok on August 20, 2020, against Russian
opposition leader Alexei Navalny by the Government of the
Russian Federation constituted the use of chemical or
biological weapons in violation of international law or the use
of lethal chemical or biological weapons against its own
nationals as described in that section; and
(2) if the President makes an affirmative determination
under paragraph (1), impose the sanctions required by section
307 of that Act (22 U.S.C. 5605).
SEC. 7. CALLING FOR RELEASE OF ALEXEI NAVALNY AND OTHER POLITICAL
PRISONERS FROM POLITICALLY MOTIVATED DETENTION.
(a) Sense of Congress.--It is the sense of Congress that
authorities of the Government of the Russian Federation detained
opposition leader Alexei Navalny on false charges when he returned to
Moscow on January 17, 2021, after receiving treatment for Novichok
poisoning in Germany.
(b) Calling for Release of Political Prisoners.--Congress calls on
the Government of the Russian Federation to immediately release Navalny
and all other political prisoners in the Russian Federation currently
imprisoned for exercising their fundamental rights.
<all> | Holding Russia Accountable for Malign Activities Act of 2021 | A bill to impose sanctions with respect to individuals associated with the Government of the Russian Federation who are complicit in the poisoning and repression of citizens of the Russian Federation for political motives, and for other purposes. | Holding Russia Accountable for Malign Activities Act of 2021 | Sen. Coons, Christopher A. | D | DE |
1,160 | 8,361 | H.R.6786 | Commerce | Increasing Consumers' Education on Law Enforcement Resources Act
This bill requires the Federal Trade Commission and the Department of Justice to develop, and make publicly available, an educational program to inform consumers about the resources available when their safety and security has been violated online. | To require the Federal Trade Commission to conduct an education
campaign to inform the public about the resources available when their
safety and security has been violated online, and for other purposes.
Be it enacted by the Senate 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 Consumers' Education on
Law Enforcement Resources Act''.
SEC. 2. CONSUMER EDUCATION ON LAW ENFORCEMENT RESOURCES.
(a) Education Campaign.--Not later than 1 year after the date of
enactment of this Act, the Federal Trade Commission, the Attorney
General, and the head of any other appropriate Federal agency, shall
develop an educational program and related resources to inform the
public about the resources the public has when their safety and
security has been violated online.
(b) Consultation.--In developing and implementing the consumer
education program and related resources under subsection (a), the
Commission and Attorney General shall consult with State attorneys
general, State and local law enforcement entities, technologists,
technology industry representatives, academic researchers, and consumer
advocacy groups.
(c) Public Availability.--The Commission and Attorney General shall
ensure that such program and related resources are available to and
readily accessible by the public on the website of the Commission.
(d) Education Campaign.--Not later than 6 months after the
Commission and Attorney General have developed the educational program
and related resources required by subsection (a), the Commission and
Attorney General shall carry out an annual education campaign to inform
the public about the resources the public has when their safety and
security has been violated online.
(e) Authorization of Funds.--The Commission and Attorney General
may use, or authorize for use, funds available to carry out this
section to pay for the development, production, and use of broadcast
and print media advertising and internet-based outreach in carrying out
campaigns under this section. In allocating such funds, consideration
shall be given to advertising directed at non-English speaking
populations, including those who listen to, read, or watch
nontraditional media.
<all> | Increasing Consumers’ Education on Law Enforcement Resources Act | To require the Federal Trade Commission to conduct an education campaign to inform the public about the resources available when their safety and security has been violated online, and for other purposes. | Increasing Consumers’ Education on Law Enforcement Resources Act | Rep. Mullin, Markwayne | R | OK |
1,161 | 8,438 | H.R.888 | Transportation and Public Works | Reinforcing Impaired Driving Education Act of 2021 or the RIDE Act of 2021
This bill requires the National Highway Traffic Safety Administration to establish a two-year pilot program to create and study the effects of a public marketing campaign to raise awareness on driving while under the influence of prescription and over-the-counter medications. The program shall be implemented in states or territories that are most affected by the opioid epidemic. | To amend title 23, United States Code, to create a pilot program
concerning drugged driving prevention, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Reinforcing Impaired Driving
Education Act of 2021'' or the ``RIDE Act of 2021''.
SEC. 2. PILOT PROGRAM ON DRUGGED DRIVING PREVENTION.
Section 403 of title 23, United States Code, is amended by adding
at the end the following:
``(k) Drugged Driving Prevention Pilot Program.--
``(1) In general.--Not later than 1 year after the date of
enactment of this subsection, the Secretary of Transportation,
acting through the Administrator of the National Highway
Traffic Safety Administration, shall establish a pilot program
to create, and study the effects of, a public marketing
campaign to raise awareness on driving while under the
influence of prescription and over-the-counter medications.
``(2) Consultation.--In implementing the pilot program, the
Secretary may consult with pharmacies, pharmaceutical
companies, and governmental and nongovernmental organizations.
``(3) Locations.--The Secretary shall implement the pilot
program in States or territories that are most affected by the
opioid epidemic.
``(4) Sunset.--The pilot program shall terminate on the
date that is 2 years after the date on which the pilot program
is established.
``(5) Report.--Not later than 1 year after the date of
termination of the pilot program, the Secretary shall submit to
Congress a report on the results of the study of the effects of
the public marketing campaign.''.
<all> | RIDE Act of 2021 | To amend title 23, United States Code, to create a pilot program concerning drugged driving prevention, and for other purposes. | RIDE Act of 2021
Reinforcing Impaired Driving Education Act of 2021 | Rep. Miller, Carol D. | R | WV |
1,162 | 4,931 | S.1729 | Armed Forces and National Security | American Jobs Matter Act of 2021
This bill requires an executive agency to include the effects on employment within the United States (a jobs impact statement) in the evaluation factors that must be considered in each solicitation for competitive proposals for contracts in excess of $1 million for the procurement of (1) manufactured goods, (2) goods or services listed in a required report of industrial base capabilities, or (3) any item procured as part of a major defense acquisition program.
An agency must state in the solicitation for such competitive proposals that it will consider, as an evaluation factor, information included in an offer related to the effects on employment within the United States.
Each agency must (1) annually assess the accuracy of such a statement submitted by an offeror awarded a contract, and (2) track the number of jobs created or retained during the performance of such contract. If the number of jobs created or retained falls short of agency estimates, an agency may consider this as a factor that affects a contractor's past performance in the award of future contracts.
The Department of Defense (DOD) shall report annually on the frequency of use within DOD of jobs impact statements in the evaluation of competitive proposals.
The Department of Defense Supplement to the Federal Acquisition Regulation must be revised to implement this bill. | To amend title 10, United States Code, to require contracting officers
to consider information regarding domestic employment before awarding a
Federal defense contract, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Jobs Matter Act of 2021''.
SEC. 2. CONSIDERATION AND VERIFICATION OF INFORMATION RELATING TO
EFFECT ON DOMESTIC EMPLOYMENT OF AWARD OF FEDERAL DEFENSE
CONTRACTS.
(a) In General.--Section 3206(c) of title 10, United States Code,
as transferred and redesignated by section 1811(e) of the William M.
(Mac) Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283), is amended by adding at the end the
following new paragraph:
``(6) Consideration and verification of information
relating to effect on domestic employment.--(A) In prescribing
the evaluation factors to be included in each solicitation for
competitive proposals for covered contracts, an agency shall
include the effects on employment within the United States of
the contract as an evaluation factor that must be considered in
the evaluation of proposals.
``(B) In this paragraph, the term `covered contract'
means--
``(i) a contract in excess of $1,000,000 for the
procurement of manufactured goods;
``(ii) a contract in excess of $1,000,000 for the
procurement of goods or services listed in the report
of industrial base capabilities required by section
4814 of this title; and
``(iii) a contract in excess of $1,000,000 for the
procurement of any item procured as part of a major
defense acquisition program.
``(C) The head of an agency, in issuing a solicitation for
competitive proposals, shall state in the solicitation that the
agency may consider, and in the case of a covered contract will
consider as an evaluation factor under paragraph (1),
information (in this subparagraph referred to as a `jobs impact
statement') that the offeror includes in its offer related to
the effects on employment within the United States of the
contract if it is awarded to the offeror.
``(D) The information that may be included in a jobs impact
statement may include the following:
``(i) The number of jobs expected to be created or
retained in the United States if the contract is
awarded to the offeror.
``(ii) The number of jobs created or retained in
the United States by the subcontractors expected to be
used by the offeror in the performance of the contract.
``(iii) A guarantee from the offeror that jobs
created or retained in the United States will not be
moved outside the United States after award of the
contract unless doing so is required to provide the
goods or services stipulated in the contract or is in
the best interest of the Federal Government.
``(E) The contracting officer may consider, and in the case
of a covered contract will consider, the information in the
jobs impact statement in the evaluation of the offer and may
request further information from the offeror in order to verify
the accuracy of any such information submitted.
``(F) In the case of a contract awarded to an offeror that
submitted a jobs impact statement with the offer for the
contract, the agency shall, not later than one year after the
award of the contract and annually thereafter for the duration
of the contract or contract extension, assess the accuracy of
the jobs impact statement.
``(G) The Secretary of Defense shall submit to Congress an
annual report on the frequency of use within the Department of
Defense of jobs impact statements in the evaluation of
competitive proposals.
``(H)(i) In any contract awarded to an offeror that
submitted a jobs impact statement with its offer in response to
the solicitation for proposals for the contract, the agency
shall track the number of jobs created or retained during the
performance of the contract.
``(ii) If the number of jobs that the agency estimates will
be created (by using the jobs impact statement) significantly
exceeds the number of jobs created or retained, then the agency
may consider this as a factor that affects a contractor's past
performance in the award of future contracts.
``(iii) Contractors shall be provided an opportunity to
explain any differences between their original jobs impact
statement and the actual amount of jobs created or retained
before the discrepancy affects the agency's assessment of the
contractor's past performance.''.
(b) Revision of Federal Acquisition Regulation.--The Department of
Defense Supplement to the Federal Acquisition Regulation shall be
revised to implement the amendment made by subsection (a).
<all> | American Jobs Matter Act of 2021 | A bill to amend title 10, United States Code, to require contracting officers to consider information regarding domestic employment before awarding a Federal defense contract, and for other purposes. | American Jobs Matter Act of 2021 | Sen. Murphy, Christopher | D | CT |
1,163 | 4,104 | S.4875 | Crime and Law Enforcement | Restoring Law and Order Act
This bill requires the Department of Justice to award grants to state and local law enforcement agencies to support their workforce and their ability to address specified criminal activities (e.g., child trafficking). The Government Accountability Office must also study law enforcement deficiencies with respect to processing rape kits. | To amend the Omnibus Crime Control and Safe Streets Act of 1968 to
establish a grant program for law enforcement agencies, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Restoring Law and Order Act''.
SEC. 2. GRANT PROGRAM.
Title I of the Omnibus Crime Control and Safe Streets Act of 1968
(34 U.S.C. 10101 et seq.) is amended by adding at the end the
following:
``PART PP
``SEC. 3061. DEFINITIONS.
``In this part:
``(1) Eligible entity.--The term `eligible entity' means an
agency of a State, unit of local government, or Indian Tribe
that is authorized by law or by an agency of a State, unit of
local government, or Indian Tribe to engage in or supervise the
prevention, detection, investigation, or prosecution of any
violation of criminal law.
``(2) Rural county.--The term `rural county' means a county
that is not a part of a metropolitan statistical area (as
defined by the Director of the Office of Management and
Budget).
``SEC. 3062. ESTABLISHMENT.
``(a) In General.--The Attorney General shall award grants to
eligible entities to--
``(1) hire and retain law enforcement officers;
``(2) combat interstate child trafficking;
``(3) prevent violent crime by prioritizing stringent
sentences for repeat offenders;
``(4) use public safety tools such as bail and pretrial
detention to prevent dangerous offenders from returning to
communities;
``(5) acquire resources to better target drug and fentanyl
crimes;
``(6) detain and deport illegal aliens who have committed
criminal offenses in the United States; and
``(7) eliminate investigatory backlogs and more quickly
process criminal evidence.
``(b) Distribution of Funds.--Of the amounts appropriated to carry
out this part, the Attorney General shall award not less than 25
percent to eligible entities located in a rural county.
``SEC. 3063. APPROPRIATIONS.
``(a) IRS Funding.--
``(1) Rescission.--Effective on the date of enactment of
the Restoring Law and Order Act, any unobligated balances made
available under clauses (ii) and (iii) of section 10301(1)(A)
of the Act titled `An Act to provide for reconciliation
pursuant to title II of S. Con. Res. 14' are rescinded.
``(2) Appropriation.--Of the unobligated balances rescinded
under paragraph (1)--
``(A) $9,500,000,000 is appropriated to the
Attorney General for fiscal year 2023 to carry out this
part, to remain available until September 30, 2027; and
``(B) the remainder shall be deposited in the
Treasury.
``(b) Unemployment Trust Fund.--
``(1) Rescission.--Effective on the date of enactment of
the Restoring Law and Order Act, any unobligated balances in
the Employment Trust Fund established under section 904(a) of
the Social Security Act (42 U.S.C. 1104(a)) are rescinded.
``(2) Appropriation.--Of the unobligated balances rescinded
under paragraph (1)--
``(A) $500,000,000 is appropriated to the Attorney
General for fiscal year 2023 to carry out this part, to
remain available until September 30, 2027; and
``(B) the remainder shall be deposited in the
Treasury.''.
SEC. 3. GAO STUDY.
Not later than 1 year after the date of enactment of this Act, the
Comptroller General of the United States shall conduct a study on the
deficiencies--
(1) of law enforcement agencies in the United States in
processing rape kits; and
(2) in the availability of rape kits.
<all> | Restoring Law and Order Act | A bill to amend the Omnibus Crime Control and Safe Streets Act of 1968 to establish a grant program for law enforcement agencies, and for other purposes. | Restoring Law and Order Act | Sen. Blackburn, Marsha | R | TN |
1,164 | 10,385 | H.R.5794 | Government Operations and Politics | This act designates the facility of the United States Postal Service located at 850 Walnut Street in McKeesport, Pennsylvania, as the First Sergeant Leonard A. Funk, Jr. Post Office Building. | [117th Congress Public Law 281]
[From the U.S. Government Publishing Office]
[[Page 136 STAT. 4191]]
Public Law 117-281
117th Congress
An Act
To designate the facility of the United States Postal Service located at
850 Walnut Street in McKeesport, Pennsylvania, as the ``First Sergeant
Leonard A. Funk, Jr. Post Office Building''. <<NOTE: Dec. 27,
2022 - [H.R. 5794]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. FIRST SERGEANT LEONARD A. FUNK, JR. POST OFFICE
BUILDING.
(a) Designation.--The facility of the United States Postal Service
located at 850 Walnut Street in McKeesport, Pennsylvania, shall be known
and designated as the ``First Sergeant Leonard A. Funk, Jr. Post Office
Building''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the facility referred to
in subsection (a) shall be deemed to be a reference to the ``First
Sergeant Leonard A. Funk, Jr. Post Office Building''.
Approved December 27, 2022.
LEGISLATIVE HISTORY--H.R. 5794:
---------------------------------------------------------------------------
CONGRESSIONAL RECORD, Vol. 168 (2022):
July 12, considered and passed House.
Dec. 19, considered and passed Senate.
<all> | To designate the facility of the United States Postal Service located at 850 Walnut Street in McKeesport, Pennsylvania, as the First Sergeant Leonard A. Funk, Jr. Post Office Building. | To designate the facility of the United States Postal Service located at 850 Walnut Street in McKeesport, Pennsylvania, as the "First Sergeant Leonard A. Funk, Jr. Post Office Building".
To designate the facility of the United States Postal Service located at 850 Walnut Street in McKeesport, Pennsylvania, as the First Sergeant Leonard A. Funk, Jr. Post Office Building. | Official Titles - House of Representatives
Official Title as Introduced
To designate the facility of the United States Postal Service located at 850 Walnut Street in McKeesport, Pennsylvania, as the "First Sergeant Leonard A. Funk, Jr. Post Office Building".
To designate the facility of the United States Postal Service located at 850 Walnut Street in McKeesport, Pennsylvania, as the First Sergeant Leonard A. Funk, Jr. Post Office Building. | Rep. Doyle, Michael F. | D | PA |
1,165 | 12,551 | H.R.9535 | Energy | Federal Land Freedom Act
This bill sets forth a process that allows a state (including the District of Columbia) to seek to transfer the responsibility of energy development on federal land within its boundaries from the federal government to the state. Federal land does not include land that, as of May 31, 2013, is (1) held for the benefit of an Indian tribe, (2) in the National Park System, (3) in the National Wildlife Refuge System, or (4) in a congressionally designated wilderness area.
To qualify for such a transfer of responsibility, a state must have a program that regulates the exploration and development of oil, natural gas, and other forms of energy on its land. The federal responsibility transfers to the state once the state submits to the Department of the Interior, the U.S. Department of Agriculture, and the Department of Energy a declaration that it has such a program and that it seeks to transfer the responsibility.
Any action taken by a state to lease, permit, or regulate the exploration and development of energy on federal land in lieu of the federal government is not subject to the Administrative Procedure Act, the National Historic Preservation Act, the Endangered Species Act of 1973, or the National Environmental Policy Act of 1969. | To achieve domestic energy independence by empowering States to control
the development and production of all forms of energy on all available
Federal land.
Be it enacted by the Senate 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 Land Freedom Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Available federal land.--The term ``available Federal
land'' means any Federal land that, as of May 31, 2013--
(A) is located within the boundaries of a State;
(B) is not held by the United States in trust for
the benefit of a federally recognized Indian tribe;
(C) is not a unit of the National Park System;
(D) is not a unit of the National Wildlife Refuge
System; and
(E) is not a congressionally designated wilderness
area.
(2) State.--The term ``State'' means--
(A) a State; and
(B) the District of Columbia.
(3) State leasing, permitting, and regulatory program.--The
term ``State leasing, permitting, and regulatory program''
means a program established pursuant to State law that
regulates the exploration and development of oil, natural gas,
and other forms of energy on land located in the State.
SEC. 3. STATE CONTROL OF ENERGY DEVELOPMENT AND PRODUCTION ON ALL
AVAILABLE FEDERAL LAND.
(a) State Leasing, Permitting, and Regulatory Programs.--Any State
that has established a State leasing, permitting, and regulatory
program may--
(1) submit to the Secretaries of the Interior, Agriculture,
and Energy a declaration that a State leasing, permitting, and
regulatory program has been established or amended; and
(2) seek to transfer responsibility for leasing,
permitting, and regulating oil, natural gas, and other forms of
energy development from the Federal Government to the State.
(b) State Action Authorized.--Notwithstanding any other provision
of law, on submission of a declaration under subsection (a)(1), the
State submitting the declaration may lease, permit, and regulate the
exploration and development of oil, natural gas, and other forms of
energy on Federal land located in the State in lieu of the Federal
Government.
(c) Effect of State Action.--Any action by a State to lease,
permit, or regulate the exploration and development of oil, natural
gas, and other forms of energy pursuant to subsection (b) shall not be
subject to, or considered a Federal action, Federal permit, or Federal
license under--
(1) subchapter II of chapter 5, and chapter 7, of title 5,
United States Code (commonly known as the ``Administrative
Procedure Act'');
(2) division A of subtitle III of title 54, United States
Code;
(3) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.); or
(4) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
SEC. 4. NO EFFECT ON FEDERAL REVENUES.
(a) In General.--Any lease or permit issued by a State pursuant to
section 4 shall include provisions for the collection of royalties or
other revenues in an amount equal to the amount of royalties or
revenues that would have been collected if the lease or permit had been
issued by the Federal Government.
(b) Disposition of Revenues.--Any revenues collected by a State
from leasing or permitting on Federal land pursuant to section 4 shall
be deposited in the same Federal account in which the revenues would
have been deposited if the lease or permit had been issued by the
Federal Government.
(c) Effect on State Processing Fees.--Nothing in this Act prohibits
a State from collecting and retaining a fee from an applicant to cover
the administrative costs of processing an application for a lease or
permit.
<all> | Federal Land Freedom Act | To achieve domestic energy independence by empowering States to control the development and production of all forms of energy on all available Federal land. | Federal Land Freedom Act | Rep. Biggs, Andy | R | AZ |
1,166 | 7,847 | H.R.8496 | Education | Fairness for Responsible Borrowers Act
This bill generally prohibits the Departments of Education, Justice, or the Treasury from taking any action to cancel or forgive the outstanding balances, or portion of balances, of covered loans. Covered loans refer to Federal Family Education Loans, Federal Direct Loans, Federal Perkins Loans, and loans under the Health Education Assistance Loan Program.
The prohibition does not apply to targeted federal student loan forgiveness, cancellation, or repayment programs carried out under the Higher Education Act of 1965. | To prohibit the Secretary of Education, the Secretary of the Treasury,
and the Attorney General from cancelling student loans except as
specifically authorized by law.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fairness for Responsible Borrowers
Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The executive branch does not have the statutory
authority to cancel student loans on a large scale.
(2) Student loan forgiveness is unfair to those who have
already paid off their loans and to those who did not attend
college.
(3) Student loan forgiveness is inherently regressive and
would disproportionately benefit upper-class Americans.
(4) An undergraduate degree is by no means the only option
for a successful career path.
(5) Community and technical colleges are a fantastic way
for students to learn a valuable skill set without taking on a
large debt burden.
SEC. 3. PROHIBITION ON MASS CANCELLATION OF STUDENT LOANS.
(a) Prohibition.--
(1) In general.--Notwithstanding any other provision of
law, the Secretary of Education, the Secretary of the Treasury,
or the Attorney General shall not take any action to cancel or
forgive the outstanding balances, or portion of balances, of
covered loans, except as provided in paragraph (2).
(2) Exemption.--The prohibition described in paragraph (1)
shall not apply to targeted Federal student loan forgiveness,
cancellation, or repayment programs carried out under the
Higher Education Act of 1965 (20 U.S.C. 1001 et seq.).
(b) Definitions.--In this section, the term ``covered loan''
means--
(1) a loan made, insured, or guaranteed under part B, D, or
E of title IV of the Higher Education Act of 1965 (20 U.S.C.
1071 et seq.; 1087a et seq.; 1087aa et seq.) before, on, or
after the date of enactment of this Act; or
(2) a loan under the Health Education Assistance Loan
Program under title VII of the Public Health Service Act (42
U.S.C. 292 et seq.) made before, on, or after the date of
enactment of this Act.
(c) Limitation.--The Secretary of Education, the Secretary of the
Treasury, or the Attorney General may not implement, or publish in any
form, any regulation, or take any action, that modifies, alters,
amends, cancels, discharges, forgives, or defers the repayment of any
student debt not expressly permitted within statute or regulation,
regarding covered loans, except to the extent that such regulation or
action reflects the clear and unequivocal intent of Congress in
legislation.
<all> | Fairness for Responsible Borrowers Act | To prohibit the Secretary of Education, the Secretary of the Treasury, and the Attorney General from cancelling student loans except as specifically authorized by law. | Fairness for Responsible Borrowers Act | Rep. Grothman, Glenn | R | WI |
1,167 | 6,444 | H.R.3081 | Water Resources Development | This bill makes certain irrigation districts in North Dakota eligible to receive pumping power (i.e., hydropower) from the Pick-Sloan Missouri Basin Program, subject to the terms and rates established by the Bureau of Reclamation. Under this bill, an irrigation district must enter into a contract with Reclamation to receive such pumping power. | To make certain irrigation districts eligible for Pick-Sloan Missouri
Basin Program pumping power, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. ELIGIBILITY OF CERTAIN AREAS TO RECEIVE PICK-SLOAN MISSOURI
BASIN PROGRAM PUMPING POWER.
Section 5(a) of Public Law 89-108 (79 Stat. 435; 100 Stat. 419; 114
Stat. 2763A-284) is amended by adding at the end the following:
``(6) Eligibility of certain irrigation districts to
receive pumping power.--
``(A) Definition of eligible irrigation district.--
In this paragraph, the term `eligible irrigation
district' means an irrigation district that is located
in--
``(i) the test area referred to in
paragraph (1); or
``(ii) an area within the 28,000-acre area
described in paragraph (3) that is analyzed by
the Secretary but not developed under that
paragraph.
``(B) Eligibility.--An eligible irrigation district
shall be eligible to receive Pick-Sloan Missouri Basin
Program pumping power--
``(i) subject to any terms and at any rates
established by the Secretary; and
``(ii) in accordance with a contract
entered into under subparagraph (C).
``(C) Contract.--
``(i) In general.--Subject to clause (ii),
the Secretary may enter into a contract with an
eligible irrigation district to provide Pick-
Sloan Missouri Basin Program pumping power to
the eligible irrigation district.
``(ii) Requirement.--No Pick-Sloan Missouri
Basin Program pumping power may be delivered to
an eligible irrigation district under this
paragraph until the date on which a contract
authorizing the delivery to the irrigation
district is executed under clause (i).''.
<all> | To make certain irrigation districts eligible for Pick-Sloan Missouri Basin Program pumping power, and for other purposes. | To make certain irrigation districts eligible for Pick-Sloan Missouri Basin Program pumping power, and for other purposes. | Official Titles - House of Representatives
Official Title as Introduced
To make certain irrigation districts eligible for Pick-Sloan Missouri Basin Program pumping power, and for other purposes. | Rep. Armstrong, Kelly | R | ND |
1,168 | 5,882 | H.R.4027 | Energy | Efficient Grid Interconnection Act of 2021
This bill establishes requirements concerning (1) the equitable allocation of costs for electric grid upgrades; and (2) the deployment of grid enhancing technology or equipment that increases the capacity, efficiency, or reliability of a transmission facility or transmission system.
Specifically, it directs the Federal Energy Regulatory Commission (FERC) to issue regulations that require public electric utilities to allocate the cost of upgrades to the electric grid, such as upgrades to interconnect renewable generation projects, among all customers that benefit from the upgrades. In determining which parties benefit, FERC must consider all material benefits of the network upgrade, including environmental benefits and those that cannot be directly quantified.
In addition, FERC must issue regulations that apply to regional transmission organizations, independent system operators, or transmission planning coordinators when they are processing requests to interconnect generation projects or energy storage projects to the electric grid. The regulations must require such organizations, operators, and coordinators to study deploying technology or equipment that increases the capacity, efficiency, or reliability of a transmission facility or transmission system. | To facilitate the generation and delivery of power from affordable and
reliable renewable generation projects and energy storage projects.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; DEFINITIONS.
(a) Short Title.--This Act may be cited as the ``Efficient Grid
Interconnection Act of 2021''.
(b) Definitions.--In this Act:
(1) Commission.--The term ``Commission'' means the Federal
Energy Regulatory Commission.
(2) Energy storage project.--The term ``energy storage
project'' means equipment which receives, stores, and delivers
energy using batteries, compressed air, pumped hydropower,
hydrogen storage (including hydrolysis), thermal energy
storage, regenerative fuel cells, flywheels, capacitors,
superconducting magnets, or other technologies identified by
the Secretary of Energy, and which has a capacity of not less
than 5 kilowatt hours.
(3) Generation project.--The term ``generation project''
means any facility--
(A) that generates electricity; and
(B) the interconnection request of which is subject
to the jurisdiction of the Commission.
(4) Generator tie line.--The term ``generator tie line''
means a dedicated transmission line that is used to transmit
power from a generation project or an energy storage project to
a transmission facility or a transmission system.
(5) Grid enhancing technology.--The term ``grid enhancing
technology'' means any technology or equipment that increases
the capacity, efficiency, or reliability of a transmission
facility or transmission system, including--
(A) power flow control and transmission switching
equipment;
(B) energy storage technology;
(C) topology optimization technology;
(D) dynamic line rating technology; and
(E) other advanced transmission technologies, such
as composite reinforced aluminum conductors or high
temperature superconductors.
(6) Interconnection customer.--The term ``interconnection
customer'' means a person or entity that has submitted a
request to interconnect a generation project or an energy
storage project that is subject to the jurisdiction of the
Commission to the owner or operator of a transmission facility
or a transmission system.
(7) Network upgrade.--The term ``network upgrade'' means--
(A) any modification of, addition to, or expansion
of any transmission facility or transmission system;
(B) the construction of a new facility that will
become part of a transmission system;
(C) the addition of an energy storage project to a
transmission facility or a transmission system; and
(D) any construction, deployment, or addition of
grid enhancing technology to a transmission facility or
a transmission system that eliminates or reduces the
need to carry out any of the activities described in
subparagraphs (A) through (C).
(8) Participant funding.--The term ``participant funding''
means any cost allocation method under which an interconnection
customer is required to pay, without reimbursement, all or a
disproportionate amount of the costs of a network upgrade that
is determined to be necessary to ensure the reliable
interconnection of the interconnection customer's generation
project or energy storage project.
(9) Public utility.--The term ``public utility'' has the
meaning given such term in section 201(e) of the Federal Power
Act (16 U.S.C. 824(e)).
(10) Renewable generation project.--The term ``renewable
generation project'' means a generation project that generates
electricity from a renewable energy resource, including wind,
solar, geothermal, and hydropower.
(11) Regional transmission organization; independent system
operator.--The terms ``Regional Transmission Organization'' and
``Independent System Operator'' have the meanings given such
terms in section 3 of the Federal Power Act (16 U.S.C. 796).
(12) Transmission system.--The term ``transmission system''
means a network of transmission facilities used for the
transmission of electric energy in interstate commerce.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) in much of the United States renewable generation
projects and energy storage projects face unfair and
inefficient barriers to Commission-jurisdictional
interconnection with the electric grid;
(2) legislation is needed to accelerate the timely and
efficient interconnection of renewable generation projects and
energy storage projects, and to ensure that individual
interconnection customers are not forced to bear
disproportionate amounts of shared network upgrade costs;
(3) network upgrades required to be constructed to
interconnect renewable generation projects and energy storage
projects benefit all transmission system customers as well as
parties that receive power delivered over such transmission
systems;
(4) the practice of exclusive or disproportionate
participant funding, whereby the costs of network upgrades are
assigned solely or disproportionately to individual
interconnection customers, is unduly discriminatory, harmful to
consumers, and not in the public interest;
(5) in certain cases, the deployment of grid enhancing
technologies can substitute for, and thereby reduce the need
for, time required, or cost to construct, a traditional
transmission upgrade or addition, such as modifying or adding a
conductor or substation element, that otherwise would be
required to interconnect a new generation project or energy
storage project;
(6) by reducing the need for, and the time necessary to
construct, a traditional transmission upgrade or addition, such
as modifying or adding a conductor or substation element, the
deployment of grid enhancing technologies would facilitate
timely, efficient, and cost-effective interconnections, and the
renewable generation projects and energy storage projects
dependent on those interconnections, and the delivery of clean
and reliable electricity produced by those projects; and
(7) collectively, the development and construction of
renewable generation projects, energy storage projects, and
grid enhancing technologies should create tens of thousands of
family-sustaining jobs, facilitate rural economic development,
enhance Federal and State tax revenues, and further the timely
and cost-effective delivery of clean, affordable, and reliable
electricity.
SEC. 3. EQUITABLE COST ALLOCATION.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Commission shall issue a new regulation, or
revise existing regulations, to prohibit the use of exclusive or
disproportionate participant funding.
(b) Allocation of Costs.--
(1) In general.--In prohibiting the use of exclusive or
disproportionate participant funding under subsection (a), the
Commission shall, except as provided in paragraph (4), require
that each public utility--
(A) may not allocate the costs of a network upgrade
solely to the requesting interconnection customer; and
(B) shall reasonably allocate such costs to parties
that--
(i) use the transmission facility or the
transmission system;
(ii) take electricity from the transmission
facility or the transmission system; or
(iii) otherwise benefit from a network
upgrade of the transmission facility or the
transmission system.
(2) Interconnection to multiple transmission systems.--With
respect to a network upgrade that is associated with a
generation project or an energy storage project that has a
significant impact on two or more transmission systems, the
costs for such a network upgrade shall be allocated pursuant to
a methodology designed jointly by the impacted transmission
systems to ensure that all such costs are equitably shared by
the parties that benefit from such network upgrade.
(3) Determination of benefitting parties.--In determining
which parties benefit for purposes of paragraph (1)(B)(iii) and
paragraph (2), the Commission shall consider all material
benefits of the network upgrade, including--
(A) those that cannot be directly quantified,
including resilience benefits; and
(B) environmental benefits, including reduced and
avoided emissions of greenhouse gases and conventional
air pollutants.
(4) Generator tie lines.--A public utility may require an
interconnection customer to pay for the costs of construction
of any generator tie lines that will be used to transmit power
from the interconnection customer's generation project or
energy storage project, as applicable, to the transmission
facility or the transmission system.
(5) Voluntary payment.--
(A) In general.--An interconnection customer may
pay upfront some or all of the costs of a network
upgrade at the transmission facility or transmission
system to which they plan to interconnect their
generation project or energy storage project in
accordance with subparagraph (B).
(B) Repayment.--Any interconnection customer that
pays costs under subparagraph (A) shall be refunded
such costs allocable to other parties pursuant to the
Commission's regulations issued or revised under this
section, over a period that is not longer than 10 years
beginning on the date on which the interconnection
customer's interconnection is complete.
(6) Updating procedures.--Not later than the date that is 3
months after the date on which the Commission issues or revises
regulations as required under subsection (a), each public
utility shall make a filing pursuant to section 205 of the
Federal Power Act (16 U.S.C. 824d) to amend their
interconnection procedures to comply with such regulations.
SEC. 4. DEPLOYMENT OF GRID ENHANCING TECHNOLOGIES.
Not later than 180 days after the date of enactment of this Act,
the Commission shall issue a new regulation, or revise existing
regulations, to require the following:
(1) Consultation.--
(A) In general.--With respect to processing a
request to interconnect a generation project or an
energy storage project, the Regional Transmission
Organization, Independent System Operator, or
transmission planning coordinator, as applicable,
shall--
(i) consult with the relevant owner of the
transmission facility or transmission system,
and the interconnection customer, regarding
deploying grid enhancing technology in addition
to, or as a substitute to, carrying out a
traditional transmission upgrade or addition,
such as modifying or adding a conductor or
substation element; and
(ii) study the efficacy of deploying grid
enhancing technology for the purposes described
in clause (i).
(B) Unconnected transmission facilities.--With
respect to a request to interconnect a generation
project or an energy storage project to a transmission
facility that is not connected to a transmission
system, the owner or operator of such a facility
shall--
(i) consult with the interconnection
customer regarding deploying grid enhancing
technology in addition to, or as a substitute
to, carrying out a traditional transmission
upgrade or addition, such as modifying or
adding a conductor or substation element; and
(ii) study the efficacy of deploying grid
enhancing technology for the purposes described
in clause (i).
(2) Deployment.--
(A) In general.--An interconnection customer that
is consulted with under paragraph (1) may request that
grid enhancing technology that was the subject of such
consultation be deployed.
(B) Determination.--The owner of the transmission
facility or transmission system to which such
technology would be deployed shall determine whether to
deploy such technology, subject to an appeal under
subparagraph (C).
(C) Appeal.--
(i) In general.--An interconnection
customer that requests deployment of grid
enhancing technology under subparagraph (A) may
submit to the Commission a request for a
hearing to appeal the decision under
subparagraph (B) to not deploy grid enhancing
technology.
(ii) Effect of appeal.--After a hearing
under clause (i), the Commission may order the
owner of the transmission facility or
transmission system to deploy the grid
enhancing technology requested under
subparagraph (A).
(3) Updating procedures.--Not later than the date that is 3
months after the date on which the Commission issues or revises
regulations as required under this section, each public utility
shall make a filing pursuant to section 205 of the Federal
Power Act (16 U.S.C. 824d) to amend their interconnection
procedures to comply with such regulations.
<all> | Efficient Grid Interconnection Act of 2021 | To facilitate the generation and delivery of power from affordable and reliable renewable generation projects and energy storage projects. | Efficient Grid Interconnection Act of 2021 | Rep. Castor, Kathy | D | FL |
1,169 | 3,797 | S.1996 | International Affairs | Greater Leadership Overseas for the Benefit of Equality Act of 2021 or the GLOBE Act of 2021
This bill contains provisions related to (1) the protection of LGBTQI individuals globally; and (2) immigration protections for vulnerable individuals.
The bill establishes (1) an interagency group to respond to urgent threats to LGBTQI people in foreign countries, and (2) a permanent Special Envoy for the Human Rights of LGBTQI Peoples in the Department of State.
The President shall impose visa-blocking sanctions on foreign persons responsible for violating the human rights of individuals based on sexual orientation, gender identity, or sex characteristics.
The State Department shall establish the Global Equality Fund to provide assistance to nongovernmental organizations working to advance and protect human rights. The U.S. Agency for International Development shall establish the LGBTQI Global Development Partnership to work with the private sector and nongovernmental organizations to support LGBTQI rights.
The bill contains several immigration-related provisions, such as those | To protect human rights and enhance opportunities for LGBTQI people
around the world, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLES; TABLE OF CONTENTS.
(a) Short Titles.--This Act may be cited as the ``Greater
Leadership Overseas for the Benefit of Equality Act of 2021'' or the
``GLOBE Act of 2021''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short titles; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
Sec. 4. Documenting and responding to bias-motivated violence against
LGBTQI people abroad.
Sec. 5. Sanctions on individuals responsible for violations of human
rights against LGBTQI people.
Sec. 6. Combating international criminalization of LGBTQI status,
expression, or conduct.
Sec. 7. Foreign assistance to protect human rights of LGBTQI people.
Sec. 8. Global health inclusivity.
Sec. 9. Immigration reform.
Sec. 10. Issuance of passports and guarantee of citizenship to certain
children born abroad.
Sec. 11. Engaging international organizations in the fight against
LGBTQI discrimination.
Sec. 12. Representing the rights of LGBTQI United States citizens
deployed to diplomatic and consular posts.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The norms of good governance, human rights protections,
and the rule of law have been violated unconscionably with
respect to LGBTQI people in an overwhelming majority of
countries around the world, where LGBTQI people face violence,
hatred, bigotry, and discrimination because of who they are and
who they love.
(2) In at least 68 countries (almost 40 percent of
countries in the world), same-sex relations and relationships
are criminalized. Many countries also criminalize or otherwise
prohibit cross-dressing and gender-affirming treatments for
transgender individuals.
(3) The World Bank has begun to measure the macro-economic
costs of criminal laws targeting LGBTQI individuals through
lost productivity, detrimental health outcomes and violence, as
a step toward mitigating those costs.
(4) Violence and discrimination based on sexual orientation
and gender identity are documented in the Department of State's
annual Country Human Rights Reports to Congress. These reports
continue to show a clear pattern of human rights violations,
including murder, rape, torture, death threats, extortion, and
imprisonment, in every region of the world based on sexual
orientation and gender identity. In many instances police,
prison, military, and civilian government authorities have been
directly complicit in abuses aimed at LGBTQI citizens.
(5) As documented by the Department of State, LGBTQI
individuals are subjected in many countries to capricious
imprisonment, loss of employment, housing, access to health
care, and societal stigma and discrimination. LGBTQI-specific
restrictions on basic freedoms of assembly, press, and speech
exist in every region of the world.
(6) Targeted sanctions are an important tool to push for
accountability for violations of the human rights of LGBTQI
people.
(7) Anti-LGBTQI laws and discrimination pose significant
risks for LGBTQI youth who come out to their family or
community and often face rejection, homelessness, and limited
educational and economic opportunities. These factors
contribute to increased risks of substance abuse, suicide, and
HIV infection among LGBTQI youth.
(8) Anti-LGBTQI laws also increase global health risks.
Studies have shown that when LGBTQI people (especially LGBTQI
youth) face discrimination, they are less likely to seek HIV
testing, prevention, and treatment services.
(9) LGBTQI populations are disproportionately impacted by
the Mexico City Policy, also widely referred to as the ``global
gag rule''. LGBTQI people often receive much of their health
care through reproductive health clinics, and organizations
that cannot comply with the policy are forced to discontinue
work on United States-supported global health projects that are
frequently used by LGBTQI populations, including HIV prevention
and treatment, stigma reduction, and research.
(10) Because they face tremendous discrimination in the
formal labor sector, many sex workers are also LGBTQI
individuals, and many sex-worker-led programs and clinics serve
the LGBTQI community with safe, non-stigmatizing, medical and
social care. The United States Agency for International
Development has also referred to sex workers as a ``most-at-
risk population''. The anti-prostitution loyalty oath that
health care providers receiving United States assistance must
take isolates sex-worker-led and serving groups from programs
and reinforces stigma, undermining both the global AIDS
response and human rights. A 2013 Supreme Court opinion held
this requirement to be unconstitutional as it applies to United
States nongovernmental organizations and their foreign
affiliates.
(11) According to the Trans Murder Monitoring Project,
which monitors homicides of transgender individuals, there were
at least 350 cases of reported killings of trans and gender-
diverse people between October 2019 and September 2020.
(12) In many countries, intersex individuals experience
prejudice and discrimination because their bodies do not
conform to general expectations about sex and gender. Because
of these expectations, medically unnecessary interventions are
often performed in infancy without the consent or approval of
intersex individuals, in violation of international human
rights standards.
(13) Asylum and refugee protection are critical last-resort
protections for LGBTQI individuals, but those who seek such
protections face ostracization and abuse in refugee camps and
detention facilities. They are frequently targeted for
violence, including sexual assault, in refugee camps and in
immigration detention. LGBTQI individuals may be segregated
against their will for long periods in solitary confinement, in
an effort to protect them from such violence, but prolonged
solitary confinement itself represents an additional form of
abuse that is profoundly damaging to the social and
psychological well-being of any individual.
(14) The global COVID-19 pandemic has exacerbated
inequalities faced by LGBTQI individuals, including access to
health care, stigma, and discrimination, undermining LGBTQI
rights around the world.
(15) In December 2011, President Barack Obama directed all
Federal foreign affairs agencies to ensure that their
diplomatic, humanitarian, health and foreign assistance
programs take into account the needs of marginalized LGBTQI
communities and persons.
(16) In 2015, the Department of State established the
position of Special Envoy for the Human Rights of LGBTQI
Persons.
(17) In 2021, President Joseph Biden issued the Memorandum
on Advancing the Human Rights of Lesbian, Gay, Bisexual,
Transgender, Queer, and Intersex Persons Around the World,
which stated that it ``shall be the policy of the United States
to pursue an end to violence and discrimination on the basis of
sexual orientation, gender identity or expression, or sex
characteristics'' and called for United States global
leadership`` in the cause of advancing the human rights of
LGBTQI+ persons around the world''.
(18) In 2020, in Bostock v. Clayton County, the Supreme
Court held that Title VII of the Civil Rights Act of 1964 (42
U.S.C. 2000e et seq.) prohibits discrimination on the basis of
gender identity and sexual orientation. On January 20, 2021,
President Biden issued Executive Order 13988 (86 Fed. Reg.
7023) to enforce this holding, which orders all Federal agency
heads, including the Secretary of State and the Administrator
of the United States Agency for International Development, to
review agency actions to determine what additional steps should
be taken to ensure that agency policies are consistent with the
nondiscrimination policy set forth in the Executive order.
(19) The use of United States diplomatic tools, including
the Department of State's exchange and speaker programs, to
address the human rights needs of marginalized communities has
helped inform public debates in many countries regarding the
protective responsibilities of any democratic government.
(20) Inclusion of human rights protections for LGBTQI
individuals in United States trade agreements, such as the
Agreement between the United States of America, the United
Mexican States, and Canada (commonly known as the ``USMCA'')
and trade preference programs, is intended--
(A) to ensure a level playing field for United
States businesses; and
(B) to provide greater workplace protections
overseas, compatible with those of the United States.
(21) Engaging multilateral fora and international
institutions is critical to impacting global norms and to
broadening global commitments to fairer standards for the
treatment of all people, including LGBTQI people. The United
States must remain a leader in the United Nations system and
has a vested interest in the success of that multilateral
engagement.
(22) Ongoing United States participation in the Equal
Rights Coalition, which is a new intergovernmental coalition of
more than 40 governments and leading civil society
organizations that work together to protect the human rights of
LGBTQI people around the world, remains vital to international
efforts to respond to violence and impunity.
(23) Those who represent the United States abroad,
including our diplomats, development specialists and military,
should reflect the diversity of our country and honor America's
call to equality, including through proud and open service
abroad by LGBTQI Americans and those living with HIV.
SEC. 3. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--Except as
provided in section 5, the term ``appropriate congressional
committees'' means--
(A) the Committee on Foreign Relations of the
Senate;
(B) the Committee on the Judiciary of the Senate;
(C) the Committee on Appropriations of the Senate;
(D) the Committee on Foreign Affairs of the House
of Representatives;
(E) the Committee on the Judiciary of the House of
Representatives; and
(F) the Committee on Appropriations of the House of
Representatives.
(2) Gender identity.--The term ``gender identity'' means
the gender-related identity, appearance, or mannerisms or other
gender-related characteristics of an individual, regardless of
the individual's designated sex at birth.
(3) LGBTQI.--The term ``LGBTQI'' means lesbian, gay,
bisexual, transgender, queer, or intersex.
(4) Member of a vulnerable group.--The term ``member of a
vulnerable group'' means an alien who--
(A) is younger than 21 years of age or older than
60 years of age;
(B) is pregnant;
(C) identifies as lesbian, gay, bisexual,
transgender, or intersex;
(D) is victim or witness of a crime;
(E) has filed a nonfrivolous civil rights claim in
Federal or State court;
(F) has a serious mental or physical illness or
disability;
(G) has been determined by an asylum officer in an
interview conducted under section 235(b)(1)(B) of the
Immigration and Nationality Act (8 U.S.C.
1225(b)(1)(B)) to have a credible fear of persecution;
or
(H) has been determined by an immigration judge or
by the Secretary of Homeland Security, based on
information obtained during intake, from the alien's
attorney or legal service provider, or through credible
self-reporting, to be--
(i) experiencing severe trauma; or
(ii) a survivor of torture or gender-based
violence.
(5) Sexual orientation.--The term ``sexual orientation''
means actual or perceived homosexuality, heterosexuality, or
bisexuality.
SEC. 4. DOCUMENTING AND RESPONDING TO BIAS-MOTIVATED VIOLENCE AGAINST
LGBTQI PEOPLE ABROAD.
(a) Information Required To Be Included in Annual Country Reports
on Human Rights Practices.--
(1) Section 116.--Section 116(d) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2151n(d)) is amended--
(A) in paragraph (11)(C), by striking ``and'' at
the end;
(B) in paragraph (12)(C)(ii), by striking the
period at the end and inserting ``; and''; and
(C) by adding at the end the following:
``(13) wherever applicable, the nature and extent of
criminalization, discrimination, and violence based on sexual
orientation or gender identity, including the identification of
countries that have adopted laws or constitutional provisions
that criminalize or discriminate based on sexual orientation or
gender identity, including detailed descriptions of such laws
and provisions.''.
(2) Section 502B.--Section 502B of the Foreign Assistance
Act of 1961 (22 U.S.C. 2304) is amended--
(A) by redesignating the second subsection (i)
(relating to child marriage status) as subsection (j);
and
(B) by adding at the end the following:
``(k) Sexual Orientation and Gender Identity.--The report required
under subsection (b) shall include, wherever applicable, the nature and
extent of criminalization, discrimination, and violence based on sexual
orientation or gender identity, including the identification of
countries that have adopted laws or constitutional provisions that
criminalize or discriminate based on sexual orientation or gender
identity, including detailed descriptions of such laws and
provisions.''.
(b) Review at Diplomatic and Consular Posts.--
(1) In general.--In preparing the annual country reports on
human rights practices required under section 116 or 502B of
the Foreign Assistance Act of 1961, as amended by subsection
(a), the Secretary of State shall obtain information from each
diplomatic and consular post with respect to--
(A) incidents of violence against LGBTQI people in
the country in which such post is located;
(B) an analysis of the factors enabling or
aggravating such incidents, such as government policy,
societal pressure, or external actors; and
(C) the response (whether public or private) of the
personnel of such post with respect to such incidents.
(2) Addressing bias-motivated violence.--The Secretary of
State shall include in the annual strategic plans of the
regional bureaus concrete diplomatic strategies, programs, and
policies to address bias-motivated violence using information
obtained pursuant to paragraph (1), such as programs to build
capacity among civil society or governmental entities to
document, investigate, and prosecute instances of such violence
and provide support to victims of such violence.
(c) Interagency Group.--
(1) Establishment.--There is established an interagency
group on responses to urgent threats to LGBTQI people in
foreign countries (referred to in this subsection as the
``interagency group''), which--
(A) shall be chaired by the Secretary of State; and
(B) shall include the Secretary of Defense, the
Secretary of the Treasury, the Administrator of the
United States Agency for International Development, the
Attorney General, and the head of each other Federal
department or agency that the President determines is
relevant to the duties of the interagency group.
(2) Duties.--The duties of the interagency group shall be--
(A) to coordinate the responses of each
participating agency with respect to threats directed
towards LGBTQI populations in other countries;
(B) to develop longer-term approaches to policy
developments and incidents negatively impacting the
LGBTQI populations in specific countries;
(C) to advise the President on the designation of
foreign persons for sanctions pursuant to section 5;
(D) to identify United States laws and policies, at
the Federal, State, and local levels, that affirm the
equality of LGBTQI persons; and
(E) to use such identified laws and policies to
develop diplomatic strategies to share the expertise
obtained from the implementation of such laws and
policies with appropriate officials of countries where
LGBTQI persons do not enjoy equal protection under the
law.
(d) Special Envoy for the Human Rights of LGBTQI Peoples.--
(1) Establishment.--The Secretary of State shall establish,
in the Bureau of Democracy, Human Rights, and Labor of the
Department of State, a permanent Special Envoy for the Human
Rights of LGBTQI Peoples (referred to in this section as the
``Special Envoy''), who--
(A) shall be appointed by the President; and
(B) shall report directly to the Assistant
Secretary for Democracy, Human Rights, and Labor.
(2) Rank.--The Special Envoy may be appointed at the rank
of Ambassador.
(3) Purposes.--The Special Envoy shall--
(A) direct the efforts of the United States
Government relating to United States foreign policy, as
directed by the Secretary, regarding--
(i) human rights abuses against LGBTQI
people and communities internationally; and
(ii) the advancement of human rights for
LGBTQI people; and
(B) represent the United States internationally in
bilateral and multilateral engagement on the matters
described in subparagraph (A).
(4) Duties.--
(A) In general.--The Special Envoy--
(i) shall serve as the principal advisor to
the Secretary of State regarding human rights
for LGBTQI people internationally;
(ii) notwithstanding any other provision of
law--
(I) shall direct activities,
policies, programs, and funding
relating to the human rights of LGBTQI
people and the advancement of LGBTQI
equality initiatives internationally,
for all bureaus and offices of the
Department of State; and
(II) shall lead the coordination of
relevant international programs for all
other Federal agencies relating to such
matters;
(iii) shall represent the United States in
diplomatic matters relevant to the human rights
of LGBTQI people, including criminalization,
discrimination, and violence against LGBTQI
people internationally;
(iv) shall direct, as appropriate, United
States Government resources to respond to needs
for protection, integration, resettlement, and
empowerment of LGBTQI people in United States
Government policies and international programs,
including to prevent and respond to
criminalization, discrimination, and violence
against LGBTQI people internationally;
(v) shall design, support, and implement
activities regarding support, education,
resettlement, and empowerment of LGBTQI people
internationally, including for the prevention
and response to criminalization,
discrimination, and violence against LGBTQI
people internationally;
(vi) shall lead interagency coordination
between the foreign policy priorities related
to the human rights of LGBTQI people and the
development assistance priorities of the LGBTQI
Coordinator of the United States Agency for
International Development;
(vii) shall conduct regular consultation
with nongovernmental organizations working to
prevent and respond to criminalization,
discrimination, and violence against LGBTQI
people internationally;
(viii) shall ensure that--
(I) programs, projects, and
activities of the Department of State
and the United States Agency for
International Development designed to
prevent and respond to criminalization,
discrimination, and violence against
LGBTQI people internationally are
subject to rigorous monitoring and
evaluation; and
(II) there is a uniform set of
indicators and standards for such
monitoring and evaluation that is used
across international programs in
Federal agencies; and
(ix) is authorized to represent the United
States in bilateral and multilateral fora on
matters relevant to the human rights of LGBTQI
people internationally, including
criminalization, discrimination, and violence
against LGBTQI people internationally.
(5) Data repository.--The Bureau of Democracy, Human
Rights, and Labor--
(A) shall be the central repository of data on all
United States programs, projects, and activities that
relate to prevention and response to criminalization,
discrimination, and violence against LGBTQI people
internationally; and
(B) shall produce--
(i) a full accounting of United States
Government spending on such programs, projects,
and activities; and
(ii) evaluations of the effectiveness of
such programs, projects, and activities.
(e) Training at International Law Enforcement Academies.--The
President shall ensure that any international law enforcement academy
supported by United States assistance shall provide training with
respect to the rights of LGBTQI people, including through specialized
courses highlighting best practices in the documentation, investigation
and prosecution of bias-motivated hate crimes targeting persons based
on actual or perceived sexual orientation, gender identity, or sex
characteristics.
SEC. 5. SANCTIONS ON INDIVIDUALS RESPONSIBLE FOR VIOLATIONS OF HUMAN
RIGHTS AGAINST LGBTQI PEOPLE.
(a) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Armed Services of the Senate;
(B) the Committee on Foreign Relations of the
Senate;
(C) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(D) the Committee on the Judiciary of the Senate;
(E) the Committee on Armed Services of the House of
Representatives;
(F) the Committee on Foreign Affairs of the House
of Representatives;
(G) the Committee on Homeland Security of the House
of Representatives; and
(H) the Committee on the Judiciary of the House of
Representatives.
(2) Foreign person.--The term ``foreign person'' has the
meaning given such term in section 595.304 of title 31, Code of
Federal Regulations (as in effect on the day before the date of
the enactment of this Act).
(3) Immediate family member.--The term ``immediate family
member'' has the meaning given such term for purposes of
section 7031(c) of the Department of State, Foreign Operations,
and Related Programs Appropriations Act, 2021 (division K of
Public Law 116-260).
(4) Person.--The term ``person'' has the meaning given such
term in section 591.308 of title 31, Code of Federal
Regulations (as in effect on the day before the date of the
enactment of this Act).
(b) In General.--Not later than 180 days after the date of the
enactment of this Act and biannually thereafter, the President shall
submit to the appropriate congressional committees a list of each
foreign person the President determines, based on credible information,
including information obtained by other countries or by nongovernmental
organizations that monitor violations of human rights--
(1) is responsible for or complicit in, with respect to
persons based on actual or perceived sexual orientation, gender
identity, or sex characteristics--
(A) cruel, inhuman, or degrading treatment or
punishment;
(B) prolonged detention without charges and trial;
(C) causing the disappearance of such persons by
the abduction and clandestine detention of such
persons; or
(D) other flagrant denial of the right to life,
liberty, or the security of such persons;
(2) acted as an agent of or on behalf of a foreign person
in a matter relating to an activity described in paragraph (1);
or
(3) is responsible for or complicit in inciting a foreign
person to engage in an activity described in paragraph (1).
(c) Form; Updates; Removal.--
(1) Form.--The list required under subsection (b) shall be
submitted in unclassified form and published in the Federal
Register without regard to the requirements of section 222(f)
of the Immigration and Nationality Act (8 U.S.C. 1202(f)) with
respect to confidentiality of records pertaining to the
issuance or refusal of visas or permits to enter the United
States, except that the President may include a foreign person
in a classified, unpublished annex to such list if the
President--
(A) determines that--
(i) such annex is vital for the national
security interests of the United States; and
(ii) the use of such annex, and the
inclusion of such person in such annex, would
not undermine the overall purpose of this
section to publicly identify foreign persons
engaging in the conduct described in subsection
(b) in order to increase accountability for
such conduct; and
(B) not later than 15 days before including such
person in a classified annex, provides to the
appropriate congressional committees notice of, and a
justification for, including or continuing to include
each foreign person in such annex despite the existence
of any publicly available credible information
indicating that each such foreign person engaged in an
activity described in subsection (b).
(2) Updates.--The President shall submit to the appropriate
congressional committees an update of the list required under
subsection (b) as new information becomes available.
(3) Removal.--A foreign person may be removed from the list
required under subsection (b) if the President determines and
reports to the appropriate congressional committees not later
than 15 days before the removal of such person from such list
that--
(A) credible information exists that such person
did not engage in the activity for which the person was
included in such list;
(B) such person has been prosecuted appropriately
for the activity in which such person engaged; or
(C) such person has credibly demonstrated a
significant change in behavior, has paid an appropriate
consequence for the activities in which such person
engaged, and has credibly committed to not engage in an
activity described in subsection (b).
(d) Public Submission of Information.--The President shall issue
public guidance, including through United States diplomatic and
consular posts, setting forth the manner by which the names of foreign
persons that may meet the criteria to be included on the list required
under subsection (b) may be submitted to the Department of State for
evaluation.
(e) Requests From Chair and Ranking Member of Appropriate
Congressional Committees.--
(1) Consideration of information.--In addition to the
guidance issued pursuant to subsection (d), the President shall
also consider information provided by the Chair or Ranking
Member of each of the appropriate congressional committees in
determining whether to include a foreign person in the list
required under subsection (b).
(2) Requests.--Not later than 120 days after receiving a
written request from the Chair or Ranking Member of one of the
appropriate congressional committees with respect to whether a
foreign person meets the criteria for being included in the
list required under subsection (b), the President shall respond
to such Chair or Ranking Member, as the case may be, with
respect to the President's determination relating to such
foreign person.
(3) Removal.--If the President removes a foreign person
from the list required under subsection (b) that had been
included in such list pursuant to a request under paragraph
(2), the President shall provide to the relevant Chair or
Ranking Member of one of the appropriate congressional
committees any information that contributed to such decision.
(4) Form.--The President may submit the response required
under paragraph (2) or paragraph (3) in classified form if the
President determines that such form is necessary for the
national security interests of the United States.
(f) Inadmissibility of Certain Individuals.--
(1) Ineligibility for visas and admission to the united
states.--A foreign person on the list required under subsection
(b), and each immediate family member of such person, is--
(A) inadmissible to the United States;
(B) ineligible to receive a visa or other
documentation to enter the United States; and
(C) otherwise ineligible to be admitted or paroled
into the United States or to receive any other benefit
under the Immigration and Nationality Act (8 U.S.C.
1101 et seq.).
(2) Current visas revoked.--
(A) In general.--The issuing consular officer or
the Secretary of State, (or a designee of the Secretary
of State), in accordance with section 221(i) of the
Immigration and Nationality Act (8 U.S.C. 1201(i)),
shall revoke any visa or other entry documentation
issued to a foreign person on the list required under
subsection (b), and any visa or other entry
documentation issued to any immediate family member of
such person, regardless of when the visa or other entry
documentation is issued.
(B) Effect of revocation.--A revocation under
subparagraph (A) shall--
(i) take effect immediately; and
(ii) automatically cancel any other valid
visa or entry documentation that is in the
foreign person's possession.
(C) Rulemaking.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of
State shall prescribe such regulations as may be
necessary to carry out this subsection.
(D) Exception to comply with international
obligations.--Sanctions under this subsection shall not
apply with respect to a foreign person if admitting or
paroling such person into the United States is
necessary to permit the United States to comply with
the Agreement regarding the Headquarters of the United
Nations, signed at Lake Success, June 26, 1947, and
entered into force November 21, 1947, between the
United Nations and the United States, or other
applicable international obligations.
(3) Sense of congress with respect to additional
sanctions.--It is the sense of Congress that the President
should impose additional targeted sanctions with respect to
foreign persons on the list required under subsection (b) to
push for accountability for flagrant denials of the right to
life, liberty, or the security of the person, through the use
of designations and targeted sanctions provided for such
conduct under other existing authorities.
(4) Waivers in the interest of national security.--
(A) In general.--The President may waive the
application of paragraph (1) or (2) with respect to a
foreign person included in the list required under
subsection (b) if the President determines, and submits
to the appropriate congressional committees notice of,
and justification for, such determination, that such a
waiver--
(i) is necessary to permit the United
States to comply with the Agreement between the
United Nations and the United States of America
regarding the Headquarters of the United
Nations, signed June 26, 1947, and entered into
force November 21, 1947, or other applicable
international obligations of the United States;
or
(ii) is in the national security interests
of the United States.
(B) Timing of certain waivers.--A waiver pursuant
to a determination under subparagraph (A)(ii) shall be
submitted not later than 15 days before the granting of
such waiver.
(g) Report to Congress.--Not later than 1 year after the date of
the enactment of this Act, and annually thereafter, the President,
acting through the Secretary of State, shall submit a report to the
appropriate congressional committees that describes--
(1) the actions taken to carry out this section,
including--
(A) the number of foreign persons added to or
removed from the list required under subsection (b)
during the year immediately preceding each such report;
(B) the dates on which such persons were added or
removed;
(C) the reasons for adding or removing such
persons; and
(D) an analysis that compares increases or
decreases in the number of such persons added or
removed year-over-year and the reasons for such
increases or decreases; and
(2) any efforts by the President to coordinate with the
governments of other countries, as appropriate, to impose
sanctions that are similar to the sanctions imposed under this
section.
SEC. 6. COMBATING INTERNATIONAL CRIMINALIZATION OF LGBTQI STATUS,
EXPRESSION, OR CONDUCT.
(a) Annual Strategic Review.--The Secretary of State, in
consultation with the Administrator of the United States Agency for
International Development, shall include, during the course of annual
strategic planning, an examination of--
(1) the progress made in countries around the world toward
the decriminalization of the status, expression, and conduct of
LGBTQI individuals;
(2) the obstacles that remain toward achieving such
decriminalization; and
(3) the strategies available to the Department of State and
the United States Agency for International Development to
address such obstacles.
(b) Elements.--The examination described in subsection (a) shall
include--
(1) an examination of the full range of criminal and civil
laws of other countries that disproportionately impact
communities of LGBTQI individuals or apply with respect to the
conduct of LGBTQI individuals;
(2) in consultation with the Attorney General, a list of
countries in each geographic region with respect to which--
(A) the Attorney General, acting through the Office
of Overseas Prosecutorial Development Assistance and
Training of the Department of Justice, shall prioritize
programs seeking--
(i) to decriminalize the status,
expression, and conduct of LGBTQI individuals;
(ii) to monitor the trials of those
prosecuted because of such status, expression,
or conduct; and
(iii) to reform related laws having a
discriminatory impact on LGBTQI individuals;
(B) applicable speaker or exchange programs
sponsored by the United States Government shall bring
together civil society and governmental leaders--
(i) to promote the recognition of LGBTQI
rights through educational exchanges in the
United States; and
(ii) to support better understanding of the
role that governments and civil societies
mutually play in assurance of equal treatment
of LGBTQI populations abroad.
SEC. 7. FOREIGN ASSISTANCE TO PROTECT HUMAN RIGHTS OF LGBTQI PEOPLE.
(a) Sense of Congress.-- It is the sense of Congress that the full
implementation of Executive Order 13988 (86 Fed. Reg. 7023; January 20,
2021) and the holding in Bostock v. Clayton County requires that United
States foreign assistance and development organizations adopt the
policy that no contractor, grantee, or implementing partner
administering United States assistance for any humanitarian,
development, or global health programs may discriminate against any
employee or applicant for employment because of their gender identity
or sexual orientation.
(b) Global Equality Fund.--
(1) In general.--The Secretary of State shall establish a
fund, to be known as the ``Global Equality Fund'', to be
managed by the Assistant Secretary of the Bureau of Democracy,
Human Rights and Labor, consisting of such sums as may be
appropriated to provide grants, emergency assistance, and
technical assistance to eligible civil society organizations
and human rights defenders working to advance and protect human
rights for all including LGBTQI persons, by seeking--
(A) to ensure the freedoms of assembly,
association, and expression;
(B) to protect persons or groups against the threat
of violence, including medically unnecessary
interventions performed on intersex infants;
(C) to advocate against laws that--
(i) criminalize LGBTQI status, expression,
or conduct; or
(ii) discriminate against individuals on
the basis of sexual orientation, gender
identity, or sex characteristics;
(D) to end explicit and implicit forms of
discrimination in the workplace, housing, education,
and other public institutions or services; and
(E) to build community awareness and support for
the human rights of LGBTQI persons.
(2) Contributions.--The Secretary of State may accept
financial and technical contributions, through the Global
Equality Fund, from corporations, bilateral donors,
foundations, nongovernmental organizations, and other entities
supporting the outcomes described in paragraph (1).
(3) Prioritization.--In providing assistance through the
Global Equality Fund, the Secretary of State shall ensure due
consideration and appropriate prioritization of assistance to
groups that have historically been excluded from programs
undertaken for the outcomes described in paragraph (1).
(c) LGBTQI Global Development Partnership.--The Administrator of
the United States Agency for International Development, in consultation
with the Secretary of State, shall establish a partnership, to be known
as the ``LGBTQI Global Development Partnership'', to leverage the
financial and technical contributions of corporations, bilateral
donors, foundations, nongovernmental organizations, and universities to
support the human rights and development of LGBTQI persons around the
world by supporting programs, projects, and activities--
(1) to strengthen the capacity of LGBTQI leaders and civil
society organizations;
(2) to train LGBTQI leaders to effectively participate in
democratic processes and lead civil institutions;
(3) to conduct research to inform national, regional, or
global policies and programs; and
(4) to promote economic empowerment through enhanced LGBTQI
entrepreneurship and business development.
(d) Consultation.--In coordinating programs, projects, and
activities through the Global Equality Fund or the Global Development
Partnership, the Secretary of State shall consult, as appropriate, with
the Administrator of the United States Agency for International
Development and the heads of other relevant Federal departments and
agencies.
(e) Report.--The Secretary of State shall submit to the appropriate
congressional committees an annual report on the work of, successes
obtained, and challenges faced by the Global Equality Fund and the
LGBTQI Global Development Partnership established in accordance with
this section.
(f) Limitation on Assistance Relating to Equal Access.--
(1) In general.--None of the amounts authorized to be
appropriated or otherwise made available to provide United
States assistance for any humanitarian, development, or global
health programs may be made available to any contractor,
grantee, or implementing partner, unless such recipient--
(A) ensures that the program, project, or activity
funded by such amounts are made available to all
elements of the population, except to the extent that
such program, project, or activity targets a population
because of the higher assessed risk of negative
outcomes among such populations;
(B) undertakes to make every reasonable effort to
ensure that each subcontractor or subgrantee of such
recipient will also adhere to the requirement described
in subparagraph (A); and
(C) agrees to return all amounts awarded or
otherwise provided by the United States, including such
additional penalties as the Secretary of State may
determine to be appropriate, if the recipient is not
able to adhere to the requirement described in
subparagraph (A).
(2) Quarterly report.--The Secretary of State shall provide
to the appropriate congressional committees a quarterly report
on the methods by which the Department of State monitors
compliance with the requirement under paragraph (1)(A).
(g) Office of Foreign Assistance.--The Secretary of State, acting
through the Director of the Office of Foreign Assistance, shall--
(1) monitor the amount of foreign assistance obligated and
expended on programs, projects, and activities relating to
LGBTQI people; and
(2) provide the results of the indicators tracking such
expenditure, upon request, to the Organization for Economic Co-
Operation and Development.
SEC. 8. GLOBAL HEALTH INCLUSIVITY.
(a) In General.--The Coordinator of United States Government
Activities to Combat HIV/AIDS Globally shall--
(1) develop mechanisms to ensure that the President's
Emergency Plan for AIDS Relief (PEPFAR) is implemented in a way
that equitably serves LGBTQI people in accordance with the
goals described in section 7(f), including by requiring all
partner entities receiving assistance through PEPFAR to receive
training on the health needs of and human rights standards
relating to LGBTQI people; and
(2) promptly notify Congress of any obstacles encountered
by a foreign government or contractor, grantee, or implementing
partner in the effort to equitably implement PEPFAR as
described in such subsection, including any remedial steps
taken by the Coordinator to overcome such obstacles.
(b) Report on International Prosecutions for Sex Work or Consensual
Sexual Activity.--Not later than 180 days after the date of the
enactment of this Act, the Coordinator shall submit a report to the
appropriate congressional committees that describes the manner in which
commodities, such as condoms provided by programs, projects, or
activities funded through PEPFAR or other sources of United States
assistance, have been used as evidence to arrest, detain, or prosecute
individuals in other countries in order to enforce domestic laws
criminalizing sex work or consensual sexual activity.
(c) Report on HIV/AIDS-Related Index Testing.--Not later than 180
days after the date of the enactment of this Act, the Coordinator shall
submit a report to the appropriate congressional committees that
describes the impact of partner notification services and index testing
on treatment adherence, intimate partner violence, and exposure to the
criminal justice system for key populations, including LGBTQI people
and sex workers, using qualitative and quantitative data.
(d) Report on Impact of ``Global Gag'' Rule.--Not later than 180
days after the date of the enactment of this Act, the Government
Accountability Office shall submit a report to the appropriate
congressional committees that describes the impact, as of the date of
the submission of the report, on the implementation and enforcement of
any iteration of the Mexico City Policy on the global LGBTQI community.
(e) Conforming Amendments.--
(1) PEPFAR authorization.--Section 301 of the United States
Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of
2003 (22 U.S.C. 7631) is amended--
(A) by striking subsections (d) through (f); and
(B) by redesignating subsection (g) as subsection
(d).
(2) Allocation of funds by the global aids coordinator.--
Section 403(a) of the United States Leadership Against HIV/
AIDS, Tuberculosis, and Malaria Act of 2003 (22 U.S.C. 7673(a))
is amended--
(A) in paragraph (1)--
(i) by striking ``shall--'' and all that
follows through ``(A) provide'' and inserting
``shall provide'';
(ii) by striking ``; and'' and inserting a
period; and
(iii) by striking subparagraph (B); and
(B) in paragraph (2)--
(i) by striking ``Prevention strategy.--''
and all that follows through ``In carrying out
paragraph (1), the'' and inserting ``Prevention
strategy.--The''; and
(ii) by striking subparagraph (B).
(3) TVPA authorization.--Section 113 of the Trafficking
Victims Protection Act of 2000 (22 U.S.C. 7110) is amended--
(A) by striking subsection (g); and
(B) by redesignating subsections (h) and (i) as
subsections (g) and (h), respectively.
SEC. 9. IMMIGRATION REFORM.
(a) Refugees and Asylum Seekers.--
(1) LGBTQI social group.--Section 101(a)(42) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(42)) is
amended by adding at the end the following: ``For purposes of
determinations under this Act, a person who has been persecuted
on the basis of sexual orientation or gender identity shall be
deemed to have been persecuted on account of membership in a
particular social group and a person who has a well founded
fear of persecution on the basis of sexual orientation or
gender identity shall be deemed to have a well founded fear of
persecution on account of membership in a particular social
group.''.
(2) Annual report.--Section 103(e)(2) of the Immigration
and Nationality Act (8 U.S.C. 1103(e)) is amended--
(A) by striking ``information on the number'' and
inserting the following: ``information on--
``(A) the number''; and
(B) by striking the period at the end and inserting
the following: ``; and
``(B) the total number of applications for asylum and
refugee status received that are, in whole or in part, based on
persecution or a well founded fear of persecution on account of
sexual orientation or gender identity, and the rate of approval
administratively of such applications.''.
(3) Asylum filing deadline repeal.--
(A) In general.--Section 208(a)(2) of the
Immigration and Nationality Act (8 U.S.C. 1158(a)(2))
is amended--
(i) by striking subparagraph (B);
(ii) by redesignating subparagraphs (C),
(D), and (E) as subparagraphs (B), (C), and
(D), respectively;
(iii) in subparagraph (C), as
redesignated--
(I) by striking ``notwithstanding
subparagraphs (B) and (C)'' and
inserting ``notwithstanding
subparagraph (B)'';
(II) by striking ``either''; and
(III) by striking ``or
extraordinary circumstances relating to
the delay in filing an application
within the period specified in
subparagraph (B)''; and
(iv) in subparagraph (D), as redesignated,
by striking ``Subparagraphs (A) and (B)'' and
inserting ``Subparagraph (A)''.
(B) Application.--The amendments made by
subparagraph (A) shall apply to applications for asylum
filed before, on, or after the date of the enactment of
this Act.
(b) Permanent Partners.--Section 101(a) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)) is amended--
(1) in paragraph (35), by inserting ``includes any
permanent partner, but'' before ``does not include''; and
(2) by adding at the end the following:
``(53) The term `marriage' includes a permanent partnership.
``(54) The term `permanent partner' means an individual who is 18
years of age or older and who--
``(A) is in a committed, intimate relationship with another
individual who is 18 years of age or older, in which both
parties intend a lifelong commitment;
``(B) is financially interdependent with the other
individual;
``(C) is not married to anyone other than the other
individual;
``(D) is a national of or, in the case of a person having
no nationality, last habitually resided in a country that
prohibits marriage between the individuals; and
``(E) is not a first-, second-, or third-degree blood
relation of the other individual.
``(55) The term `permanent partnership' means the relationship that
exists between 2 permanent partners.''.
(c) Counsel.--
(1) Appointment of counsel.--Section 240(b)(4) of the
Immigration and Nationality Act (8 U.S.C. 1229a(b)(4)) is
amended--
(A) in subparagraph (B), by striking ``and'' at the
end;
(B) in subparagraph (C), by striking the period at
the end and inserting ``, and''; and
(C) by adding at the end the following:
``(D) notwithstanding subparagraph (A), in a case
in which an indigent alien requests representation,
such representation shall be appointed by the court, at
the expense of the Government, for such proceedings.''.
(2) Right to counsel.--Section 292 of the Immigration and
Nationality Act (8 U.S.C. 1362) is amended--
(A) by inserting ``(a)'' before ``In any'';
(B) by striking ``he'' and inserting ``the
person''; and
(C) by adding at the end the following:
``(b) Notwithstanding subsection (a), in a case in which an
indigent alien requests representation, such representation shall be
appointed by the court, at the expense of the Government, for the
proceedings described in subsection (a).
``(c) In an interview relating to admission under section 207, an
alien shall have the privilege of being represented (at no expense to
the Government) by such counsel, authorized to practice in such
proceedings, as the alien shall choose.''.
(d) Refugee Admissions of LGBTQI Aliens From Certain Countries.--
(1) In general.--Aliens who are nationals of or, in the
case of aliens having no nationality, last habitually resided
in a country that fails to protect against persecution on the
basis of sexual orientation or gender identity, and who share
common characteristics that identify them as targets of
persecution on account of sexual orientation or gender
identity, are eligible for Priority 2 processing under the
refugee resettlement priority system.
(2) Resettlement processing.--
(A) In general.--If a refugee admitted under
section 207 of the Immigration and Nationality Act (8
U.S.C. 1157) discloses information to an employee or
contractor of the Bureau of Population, Refugees, and
Migration of the Department of State regarding the
refugee's sexual orientation or gender identity, the
Secretary of State, with the refugee's consent, shall
provide such information to the appropriate national
resettlement agency--
(i) to prevent the refugee from being
placed in a community in which the refugee is
likely to face continued discrimination; and
(ii) to place the refugee in a community
that offers services to meet the needs of the
refugee.
(B) Defined term.--The term ``national resettlement
agency'' means an agency contracting with the
Department of State to provide sponsorship and initial
resettlement services to refugees entering the United
States.
(e) Training Program.--
(1) Training program.--In order to create an environment in
which an alien may safely disclose such alien's sexual
orientation or gender identity, the Secretary of Homeland
Security, in consultation with the Secretary of State, shall
establish a training program for staff and translators who
participate in the interview process of aliens seeking asylum
or status as a refugee.
(2) Components of training program.--The training program
described in paragraph (1) shall include instruction
regarding--
(A) appropriate word choice and word usage;
(B) creating safe spaces and facilities for LGBTQI
aliens;
(C) confidentiality requirements; and
(D) nondiscrimination policies.
(f) Limitation on Detention.--
(1) Presumption of release.--
(A) In general.--Except as provided in
subparagraphs (B) and (C) and notwithstanding any other
provision of law, the Secretary of Homeland Security--
(i) may not detain an alien who is a member
of a vulnerable group under any provision of
the Immigration and Nationality Act (8 U.S.C.
1101 et seq.) pending a decision with respect
to whether the alien is to be removed from the
United States; and
(ii) shall immediately release any detained
alien who is a member of a vulnerable group.
(B) Exceptions.--The Secretary of Homeland Security
may detain, pursuant to the Immigration and Nationality
Act (8 U.S.C. 1101 et seq.), an alien who is a member
of a vulnerable group if the Secretary makes a
determination, using credible and individualized
information, that the use of alternatives to detention
will not reasonably ensure the appearance of the alien
at removal proceedings, or that the alien is a threat
to another person or to the community. The fact that an
alien has a criminal charge pending against the alien
may not be the sole factor to justify the detention of
the alien.
(C) Removal.--If detention is the least restrictive
means of effectuating the removal from the United
States of an alien who is a member of a vulnerable
group, the subject of a final order of deportation or
removal, and not detained under subparagraph (B), the
Secretary of Homeland Security may, solely for the
purpose of such removal, detain the alien for a period
that is--
(i) the shortest possible period
immediately preceding the removal of the alien
from the United States; and
(ii) not more than 5 days.
(2) Weekly review required.--
(A) In general.--Not less frequently than weekly,
the Secretary of Homeland Security shall conduct an
individualized review of any alien detained pursuant to
paragraph (1)(B) to determine whether the alien should
continue to be detained under such paragraph.
(B) Release.--Not later than 24 hours after the
date on which the Secretary makes a determination under
subparagraph (A) that an alien should not be detained
under paragraph (1)(B), the Secretary shall release the
detainee.
(g) Protective Custody for LGBTQI Alien Detainees.--
(1) Detainees.--An LGBTQI alien who is detained pursuant to
subparagraph (B) or (C) of subsection (f)(1) may not be placed
in housing that is segregated from the general population
unless--
(A) the alien requests placement in such housing
for the protection of the alien; or
(B) the Secretary of Homeland Security determines,
after assessing all available alternatives, that there
is no available alternative means of separation from
likely abusers.
(2) Placement factors.--If an LGBTQI alien is placed in
segregated housing pursuant to paragraph (1), the Secretary of
Homeland Security shall ensure that such housing--
(A) includes non-LGBTQI aliens, to the extent
practicable; and
(B) complies with any applicable court order for
the protection of LGBTQI aliens.
(3) Protective custody requests.--If a detained LGBTQI
alien requests placement in segregated housing for the
protection of such alien, the Secretary of Homeland Security
shall grant such request.
(h) Sense of Congress.--It is the sense of Congress that the
Secretary of Homeland Security should hire a sufficient number of
Refugee Corps officers for refugee interviews to be held within a
reasonable period of time and adjudicated not later than 180 days after
a request for Priority 2 consideration is filed.
SEC. 10. ISSUANCE OF PASSPORTS AND GUARANTEE OF CITIZENSHIP TO CERTAIN
CHILDREN BORN ABROAD.
(a) Sex Identification Markers.--The Secretary of State, through
any appropriate regulation, manual, policy, form, or other updates,
shall ensure that an applicant may self-select the sex designation
(including a non-binary or neutral designation, such as ``X'') on any
identity document issued by the Department of State that displays sex
information, including passports and consular reports of birth abroad.
(b) Guarantee of Citizenship to Children Born Abroad Using
Assistive Reproduction Technology.--Not later than 90 days after the
date of the enactment of this Act, the Secretary of State shall issue
regulations clarifying that no biological connection between a parent
and a child is required for a child to acquire citizenship at birth
from a United States citizen parent under subsections (c), (d), (e),
and (g) of section 301 of the Immigration and Nationality Act (8 U.S.C.
1401) if such parent is recognized as the legal parent of the child
from birth under the local law at the place of birth or under United
States law.
SEC. 11. ENGAGING INTERNATIONAL ORGANIZATIONS IN THE FIGHT AGAINST
LGBTQI DISCRIMINATION.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the United States should be a leader in efforts by the
United Nations to ensure that human rights norms, development
principles, and political rights are fully inclusive of LGBTQI
people;
(2) United States leadership within international financial
institutions, such as the World Bank and the regional
development banks, should be used to ensure that the programs,
projects, and activities undertaken by such institutions are
fully inclusive of all people, including LGBTQI people; and
(3) the Secretary of State should seek appropriate
opportunities to encourage the equal treatment of LGBTQI people
during discussions with or participation in the full range of
regional, multilateral, and international fora, such as the
Organization of American States, the Organization for Security
and Cooperation in Europe, the European Union, the African
Union, and the Association of South East Asian Nations.
(b) Action Through the Equal Rights Coalition.--The Secretary of
State shall promote diplomatic coordination through the Equal Rights
Coalition, established in July 2016 at the Global LGBTQI Human Rights
Conference in Montevideo, Uruguay, and other multilateral mechanisms,
to achieve the goals and outcomes described in subsection (a).
SEC. 12. REPRESENTING THE RIGHTS OF LGBTQI UNITED STATES CITIZENS
DEPLOYED TO DIPLOMATIC AND CONSULAR POSTS.
(a) Sense of Congress.--Recognizing the importance of a diverse
workforce in the representation of the United States abroad and in
support of sound personnel staffing policies, it is the sense of
Congress that the Secretary of State should--
(1) prioritize efforts to ensure that foreign governments
do not impede the assignment of LGBTQI United States citizens
and their families to diplomatic and consular posts;
(2) open conversations with entities in the United States
private sector that engage in business in other countries to
the extent necessary to address any visa issues faced by such
private sector entities with respect to their LGBTQI employees;
and
(3) prioritize efforts to improve post and post school
information for LGBTQI employees and employees with LGBTQI
family members.
(b) Remedies for Family Visa Denial.--
(1) In general.--The Secretary of State shall use all
appropriate diplomatic efforts to ensure that the families of
LGBTQI employees of the Department of State are issued visas
from countries where such employees are posted.
(2) List required.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of State shall
submit to Congress--
(A) a classified list of each country that has
refused to grant accreditation to LGBTQI employees of
the Department of State or to their family members
during the most recent 2-year period; and
(B) a description of the actions taken or intended
to be taken by the Secretary, in accordance with
paragraph (1), to ensure that LGBTQI employees are
appointed to appropriate positions in accordance with
diplomatic needs and personnel qualifications,
including actions specifically relating to securing the
accreditation of the families of such employees by
relevant countries.
(c) Improving Post Information and Overseas Environment for LGBTQI
Adults and Children.--
(1) In general.--The Secretary of State shall ensure that
LGBTQI employees and employees with LGBTQI family members have
adequate information to pursue overseas postings, including
country environment information for adults and children.
(2) Nondiscrimination policies for united states
government-supported schools.--The Secretary shall make every
effort to ensure schools abroad that receive assistance and
support from the United States Government under programs
administered by the Office of Overseas Schools of the
Department of State have active and clear nondiscrimination
policies, including policies relating to sexual orientation and
gender identity impacting LGBTQI children of all ages.
(3) Required information for lgbtqi children.--The
Secretary shall ensure that information focused on LGBTQI
children of all ages (including transgender and gender
nonconforming students) is included in post reports, bidding
materials, and Office of Overseas Schools reports, databases,
and adequacy lists.
<all> | Greater Leadership Overseas for the Benefit of Equality Act of 2021 | A bill to protect human rights and enhance opportunities for LGBTQI people around the world, and for other purposes. | GLOBE Act of 2021
Greater Leadership Overseas for the Benefit of Equality Act of 2021 | Sen. Markey, Edward J. | D | MA |
1,170 | 5,378 | H.J.Res.67 | Health | This joint resolution nullifies the rule titled Medicare and Medicaid Programs; Omnibus COVID-19 Health Care Staff Vaccination, which was issued by the Centers for Medicare & Medicaid Services on November 5, 2021. The rule requires health care providers, as a condition of Medicare and Medicaid participation, to ensure that staff are fully vaccinated against COVID-19. | 117th CONGRESS
1st Session
H. J. RES. 67
Providing for congressional disapproval under chapter 8 of title 5,
United States Code, of the rule submitted by the Centers for Medicare &
Medicaid Services relating to ``Medicare and Medicaid Programs; Omnibus
COVID-19 Health Care Staff Vaccination''.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 9, 2021
Mr. Duncan (for himself, Mr. Aderholt, Mr. Allen, Mr. Amodei, Mr.
Armstrong, Mr. Arrington, Mr. Babin, Mr. Baird, Mr. Balderson, Mr.
Banks, Mr. Bergman, Mr. Biggs, Mr. Bilirakis, Mr. Bishop of North
Carolina, Mrs. Boebert, Mr. Bost, Mr. Brooks, Mr. Buchanan, Mr.
Bucshon, Mr. Budd, Mr. Burchett, Mr. Burgess, Mr. Calvert, Mrs.
Cammack, Mr. Carter of Georgia, Mr. Cawthorn, Mr. Chabot, Mr. Cline,
Mr. Cloud, Mr. Clyde, Mr. Cole, Mr. Comer, Mr. Crawford, Mr. Crenshaw,
Mr. Curtis, Mr. Davidson, Mr. Rodney Davis of Illinois, Mr. Donalds,
Mr. Dunn, Mr. Ellzey, Mr. Emmer, Mr. Estes, Mr. Ferguson, Mr.
Fortenberry, Mr. C. Scott Franklin of Florida, Mr. Gaetz, Mr. Gibbs,
Mr. Gohmert, Mr. Good of Virginia, Mr. Gooden of Texas, Mr. Graves of
Missouri, Mr. Graves of Louisiana, Mrs. Greene of Georgia, Mr.
Griffith, Mr. Grothman, Mr. Guest, Mr. Guthrie, Mr. Hagedorn, Mr.
Harris, Mrs. Harshbarger, Mrs. Hartzler, Mr. Hern, Mr. Hice of Georgia,
Mr. Higgins of Louisiana, Mr. Hill, Mrs. Hinson, Mr. Hudson, Mr.
Huizenga, Mr. Issa, Mr. Jackson, Mr. Jacobs of New York, Mr. Johnson of
Ohio, Mr. Johnson of Louisiana, Mr. Joyce of Pennsylvania, Mr. Keller,
Mr. Kelly of Mississippi, Mr. Kelly of Pennsylvania, Mr. Kinzinger, Mr.
Kustoff, Mr. LaHood, Mr. LaMalfa, Mr. Lamborn, Mr. Latta, Mr. LaTurner,
Mrs. Lesko, Mr. Long, Mr. Loudermilk, Mr. Lucas, Ms. Mace, Ms.
Malliotakis, Mr. Mann, Mr. Massie, Mr. Mast, Mr. McClintock, Mr.
McKinley, Mrs. Rodgers of Washington, Mr. Meijer, Mrs. Miller of
Illinois, Mrs. Miller-Meeks, Mr. Moolenaar, Mr. Mooney, Mr. Moore of
Utah, Mr. Moore of Alabama, Mr. Mullin, Mr. Norman, Mr. Nunes, Mr.
Obernolte, Mr. Owens, Mr. Palazzo, Mr. Palmer, Mr. Pence, Mr. Perry,
Mr. Pfluger, Mr. Posey, Mr. Reschenthaler, Mr. Rice of South Carolina,
Mr. Rogers of Kentucky, Mr. Rose, Mr. Rosendale, Mr. Rouzer, Mr. Roy,
Mr. Rutherford, Mr. Scalise, Mr. Austin Scott of Georgia, Mr. Smith of
Missouri, Mr. Smith of Nebraska, Mr. Smucker, Mr. Stauber, Ms.
Stefanik, Mr. Steube, Mr. Taylor, Ms. Tenney, Mr. Thompson of
Pennsylvania, Mr. Tiffany, Mr. Timmons, Mr. Turner, Mr. Upton, Mr. Van
Drew, Ms. Van Duyne, Mr. Walberg, Mrs. Walorski, Mr. Waltz, Mr. Weber
of Texas, Mr. Webster of Florida, Mr. Williams of Texas, Mr. Green of
Tennessee, Mr. Feenstra, Mr. McCaul, Mr. Jordan, Mr. Schweikert, Mr.
Westerman, Mr. DesJarlais, Mr. Sessions, Mr. Valadao, Mr.
Hollingsworth, Mrs. Fischbach, Mr. Womack, Mr. Stewart, Mr. Brady, Ms.
Letlow, Mr. Wilson of South Carolina, and Mr. Zeldin) submitted the
following joint resolution; which was referred to the Committee on
Energy and Commerce, and in addition to the Committee on Ways and
Means, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
JOINT RESOLUTION
Providing for congressional disapproval under chapter 8 of title 5,
United States Code, of the rule submitted by the Centers for Medicare &
Medicaid Services relating to ``Medicare and Medicaid Programs; Omnibus
COVID-19 Health Care Staff Vaccination''.
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 Centers for Medicare & Medicaid Services relating
to ``Medicare and Medicaid Programs; Omnibus COVID-19 Health Care Staff
Vaccination'' (86 Fed. Reg. 61555 (November 5, 2021)), and such rule
shall have no force or effect.
<all> | Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Centers for Medicare & Medicaid Services relating to "Medicare and Medicaid Programs; Omnibus COVID-19 Health Care Staff Vaccination". | Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Centers for Medicare & Medicaid Services relating to "Medicare and Medicaid Programs; Omnibus COVID-19 Health Care Staff Vaccination". | Official Titles - House of Representatives
Official Title as Introduced
Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Centers for Medicare & Medicaid Services relating to "Medicare and Medicaid Programs; Omnibus COVID-19 Health Care Staff Vaccination". | Rep. Duncan, Jeff | R | SC |
1,171 | 9,894 | H.R.4597 | Environmental Protection | Clean Water SRF Parity Act
This bill expands the state revolving fund established under the Clean Water Act, including by allowing low-interest loans to be given to privately owned treatment works to address wastewater. Currently, loans are given to wastewater systems that are publicly owned. | To amend the Federal Water Pollution Control Act to make certain
projects and activities eligible for financial assistance under a State
water pollution control revolving 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 ``Clean Water SRF Parity Act''.
SEC. 2. PROJECTS AND ACTIVITIES ELIGIBLE FOR ASSISTANCE.
Section 603 of the Federal Water Pollution Control Act (33 U.S.C.
1383) is amended--
(1) in subsection (c)--
(A) in paragraph (11)(B) by striking ``and'' at the
end;
(B) in paragraph (12)(B) by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(13) to any qualified nonprofit entity, as determined by
the Administrator, to provide assistance for the construction
or acquisition of, or improvements to, a treatment works, or
for any other activity described in paragraphs (1) through
(10).'';
(2) in subsection (i)(3), by adding at the end the
following:
``(E) Certain activities ineligible.--A State may
not provide additional subsidization under this
subsection to a qualified nonprofit entity for
assistance described in subsection (c)(13) or to the
owner or operator of a privately owned treatment works
for assistance described in subsection (k).''; and
(3) by adding at the end the following:
``(k) Special Rule for Privately Owned Treatment Works.--
``(1) In general.--In any fiscal year for which the total
amount appropriated to carry out this title exceeds
$1,638,826,000, any such amounts appropriated in excess of
$1,638,826,000 for such fiscal year may be used to provide
financial assistance under this section to the owner or
operator of a privately owned treatment works for--
``(A) improvements to such privately owned
treatment works;
``(B) the construction of, or improvements to,
another privately owned treatment works;
``(C) measures to reduce the demand for privately
owned treatment works capacity through water
conservation, efficiency, or reuse;
``(D) measures to reduce the energy consumption
needs for privately owned treatment works;
``(E) measures to increase the security of
privately owned treatment works; and
``(F) any other activity described in paragraphs
(1) through (10) of subsection (c).
``(2) Limitation.--Financial assistance may only be
provided under this subsection to the owner or operator of a
privately owned treatment works for activities described in
paragraph (1) that primarily and directly benefit the
individuals or entities served by the privately owned treatment
works, and not the shareholders or owners of the treatment
works, as determined by the instrumentality of the State
responsible for administering the water pollution control
revolving fund through which such financial assistance is
provided.''.
<all> | Clean Water SRF Parity Act | To amend the Federal Water Pollution Control Act to make certain projects and activities eligible for financial assistance under a State water pollution control revolving fund, and for other purposes. | Clean Water SRF Parity Act | Rep. Garamendi, John | D | CA |
1,172 | 11,604 | H.R.3909 | Armed Forces and National Security | Veterans' Compensation Cost-of-Living Adjustment Act of 2021
This bill requires the Department of Veterans Affairs (VA) to increase the amounts payable for wartime disability compensation, additional compensation for dependents, the clothing allowance for certain disabled veterans, and dependency and indemnity compensation for surviving spouses and children. Specifically, the VA must increase the amounts by the same percentage as the cost-of-living increase in benefits for Social Security recipients that is effective on December 1, 2021. The bill requires the VA to publish the amounts payable, as increased, in the Federal Register.
The VA is authorized to make a similar adjustment to the rates of disability compensation payable to persons who have not received compensation for service-connected disability or death. | To increase, effective as of December 1, 2021, the rates of
compensation for veterans with service-connected disabilities and the
rates of dependency and indemnity compensation for the survivors of
certain disabled 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 ``Veterans' Compensation Cost-of-
Living Adjustment Act of 2021''.
SEC. 2. INCREASE IN RATES OF DISABILITY COMPENSATION AND DEPENDENCY AND
INDEMNITY COMPENSATION.
(a) Rate Adjustment.--Effective on December 1, 2021, the Secretary
of Veterans Affairs shall increase, in accordance with subsection (c),
the dollar amounts in effect on November 30, 2021, for the payment of
disability compensation and dependency and indemnity compensation under
the provisions specified in subsection (b).
(b) Amounts To Be Increased.--The dollar amounts to be increased
pursuant to subsection (a) are the following:
(1) Wartime disability compensation.--Each of the dollar
amounts under section 1114 of title 38, United States Code.
(2) Additional compensation for dependents.--Each of the
dollar amounts under section 1115(1) of such title.
(3) Clothing allowance.--The dollar amount under section
1162 of such title.
(4) Dependency and indemnity compensation to surviving
spouse.--Each of the dollar amounts under subsections (a)
through (d) of section 1311 of such title.
(5) Dependency and indemnity compensation to children.--
Each of the dollar amounts under sections 1313(a) and 1314 of
such title.
(c) Determination of Increase.--Each dollar amount described in
subsection (b) shall be increased by the same percentage as the
percentage by which benefit amounts payable under title II of the
Social Security Act (42 U.S.C. 401 et seq.) are increased effective
December 1, 2021, as a result of a determination under section 215(i)
of such Act (42 U.S.C. 415(i)).
(d) Special Rule.--The Secretary of Veterans Affairs may adjust
administratively, consistent with the increases made under subsection
(a), the rates of disability compensation payable to persons under
section 10 of Public Law 85-857 (72 Stat. 1263) who have not received
compensation under chapter 11 of title 38, United States Code.
SEC. 3. PUBLICATION OF ADJUSTED RATES.
The Secretary of Veterans Affairs shall publish in the Federal
Register the amounts specified in section 2(b), as increased under that
section, not later than the date on which the matters specified in
section 215(i)(2)(D) of the Social Security Act (42 U.S.C.
415(i)(2)(D)) are required to be published by reason of a determination
made under section 215(i) of such Act during fiscal year 2022.
<all> | Veterans’ Compensation Cost-of-Living Adjustment Act of 2021 | To increase, effective as of December 1, 2021, the rates of compensation for veterans with service-connected disabilities and the rates of dependency and indemnity compensation for the survivors of certain disabled veterans, and for other purposes. | Veterans’ Compensation Cost-of-Living Adjustment Act of 2021 | Rep. Luria, Elaine G. | D | VA |
1,173 | 13,393 | H.R.6297 | Energy | Strategically Lowering Gas Prices Act
This bill prohibits, subject to certain exceptions, the Department of Energy from drawing down or selling stocks from the Strategic Petroleum Reserve at the direction of a President if that President has withdrawn federal land subject to any of the mineral leasing laws from oil and gas leasing. | To prohibit a drawdown and sale of petroleum products from the
Strategic Petroleum Reserve if the President has withdrawn certain land
from oil and gas leasing, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Strategically Lowering Gas Prices
Act''.
SEC. 2. DRAWDOWN AND SALE OF PETROLEUM PRODUCTS.
Section 161 of the Energy Policy and Conservation Act (42 U.S.C.
6241) is amended by adding at the end the following:
``(k) Effect of Withdrawal of Lands.--
``(1) In general.--Notwithstanding subsections (d) and (h),
the Secretary may not draw down and sell petroleum products
pursuant to a finding made by a President under this section if
that President, as determined by the Secretary of the Interior,
has withdrawn land that is subject to disposition under any of
the mineral leasing laws from oil and gas leasing.
``(2) Withdrawal by statute.--For purposes of paragraph
(1), a withdrawal of land from oil and gas leasing provided by
statute shall not be considered a withdrawal by the President.
``(3) Exception.--Paragraph (1) shall not apply with
respect to a drawdown and sale that is required by a severe
energy supply interruption that is caused by an act of
sabotage, an act of terrorism, or an act of God.''.
<all> | Strategically Lowering Gas Prices Act | To prohibit a drawdown and sale of petroleum products from the Strategic Petroleum Reserve if the President has withdrawn certain land from oil and gas leasing, and for other purposes. | Strategically Lowering Gas Prices Act | Rep. Budd, Ted | R | NC |
1,174 | 10,493 | H.R.2694 | Crime and Law Enforcement | Criminal Judicial Administration Act of 2021
This bill expands the authority of federal judges to reimburse defendants for expenses related to attending court proceedings. The bill also broadens the authority of magistrate court judges.
Currently, when a defendant is released pending further court appearances, federal judges may order the U.S. Marshals Service to provide transportation and subsistence (food and lodging) expenses for a defendant to travel to court appearances, but not expenses during or to return home from such court appearances.
This bill allows federal judges to order the Marshals Service to provide a defendant's transportation and subsistence expenses to return home from court proceedings, as well as subsistence expenses during such proceedings.
Additionally, the bill authorizes magistrate court judges to rule on post-judgment motions pertaining to misdemeanor cases they tried and disposed of. Current law permits magistrate judges to try and dispose of misdemeanors in the district courts if the defendant consents. | To amend title 18, United States Code, to provide for transportation
and subsistence for criminal justice defendants, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Criminal Judicial Administration Act
of 2021''.
SEC. 2. TRANSPORTATION AND SUBSISTENCE FOR CRIMINAL JUSTICE ACT
DEFENDANTS.
Section 4285 of title 18, United States Code, is amended in the
first sentence--
(1) by striking ``when the interests of justice would be
served thereby and the United States judge or magistrate judge
is satisfied, after appropriate inquiry, that the defendant is
financially unable to provide the necessary transportation to
appear before the required court on his own'' and inserting
``when the United States judge or magistrate judge is satisfied
that the defendant is indigent based on appointment of counsel
pursuant to section 3006A, or, after appropriate inquiry, that
the defendant is financially unable to provide necessary
transportation on his own'';
(2) by striking ``to the place where his appearance is
required,'' and inserting ``(1) to the place where each
appearance is required and (2) to return to the place of the
person's arrest or bona fide residence,''; and
(3) by striking ``to his destination,'' and inserting
``which includes money for both lodging and food, during travel
to the person's destination and during any proceeding at which
the person's appearance is required''.
SEC. 3. EFFECTIVE USE OF MAGISTRATE JUDGES TO DECIDE POSTJUDGMENT
MOTIONS.
Section 3401 of title 18, United States Code, is amended--
(1) in subsection (b)--
(A) in the second sentence, by striking ``and''
after ``trial, judgment,'';
(B) in the second sentence, by inserting ``, and
rulings on all post-judgment motions'' after
``sentencing'';
(C) in the third sentence, by striking ``and''
after ``trial, judgment,''; and
(D) in the third sentence, by inserting ``, and
rulings on all post-judgment motions'' after
``sentencing'';
(2) in subsection (c), by striking ``, with the approval of
a judge of the district court,''; and
(3) by inserting after subsection (i) the following:
``(j) A magistrate judge who exercises trial jurisdiction under
this section, in either a petty offense case or a misdemeanor case in
which the defendant has consented to a magistrate judge, may also rule
on all post-judgment motions in that case, including but not limited to
petitions for writs of habeas corpus, writs of coram nobis, motions to
vacate a sentence under section 2255 of title 28, and motions related
to mental competency under chapter 313 of this title.''.
Passed the House of Representatives June 23, 2021.
Attest:
CHERYL L. JOHNSON,
Clerk. | Criminal Judicial Administration Act of 2021 | To amend title 18, United States Code, to provide for transportation and subsistence for criminal justice defendants, and for other purposes. | Criminal Judicial Administration Act of 2021
Criminal Judicial Administration Act of 2021
Criminal Judicial Administration Act of 2021
Criminal Judicial Administration Act of 2021 | Rep. Jeffries, Hakeem S. | D | NY |
1,175 | 7,978 | H.R.1192 | Law | Puerto Rico Recovery Accuracy in Disclosures Act of 2021 or PRRADA
This bill requires professionals employed in debt adjustment cases involving Puerto Rico to file verified statements disclosing their connections with interested parties before seeking compensation for their services.
The Financial Oversight and Management Board for Puerto Rico must establish a list of such interested parties, which shall include the debtor, creditors, any attorney or accountant of the debtor or creditors, persons employed by the U.S. Trustee Program, persons employed by the board, and any other interested party.
Compensation may be denied to such a professional if these disclosures are not filed, are inadequate, or if the professional is found to have certain conflicts of interest. | [117th Congress Public Law 82]
[From the U.S. Government Publishing Office]
[[Page 136 STAT. 3]]
Public Law 117-82
117th Congress
An Act
To impose requirements on the payment of compensation to professional
persons employed in voluntary cases commenced under title III of the
Puerto Rico Oversight Management and Economic Stability Act (commonly
known as ``PROMESA''). <<NOTE: Jan. 20, 2022 - [H.R. 1192]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Puerto Rico
Recovery Accuracy in Disclosures Act of 2021. 48 USC 2101 note.>>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Puerto Rico Recovery Accuracy in
Disclosures Act of 2021'' or ``PRRADA''.
SEC. 2. <<NOTE: 48 USC 2178.>> DISCLOSURE BY PROFESSIONAL PERSONS
SEEKING APPROVAL OF COMPENSATION UNDER SECTION
316 OR 317 OF PROMESA.
(a) Definitions.--In this section:
(1) List of material interested parties.--The term ``List of
Material Interested Parties'' means the List of Material
Interested Parties established under subsection (c)(1).
(2) Oversight board.--The term ``Oversight Board'' has the
meaning given the term in section 5 of PROMESA (48 U.S.C. 2104).
(b) <<NOTE: Courts.>> Required Disclosure.--
(1) In general.--In a case commenced under section 304 of
PROMESA (48 U.S.C. 2164), no attorney, accountant, appraiser,
auctioneer, agent, or other professional person may be
compensated under section 316 or 317 of that Act (48 U.S.C.
2176, 2177) unless prior to making a request for compensation,
the professional person has filed with the court a verified
statement conforming to the disclosure requirements of rule
2014(a) of the Federal Rules of Bankruptcy Procedure setting
forth the connection of the professional person with any entity
or person on the List of Material Interested Parties.
(2) Supplement.--A professional person that submits a
statement under paragraph (1) shall promptly supplement the
statement with any additional relevant information that becomes
known to the person.
(3) <<NOTE: Determination.>> Disclosure.--Subject to any
other applicable law, rule, or regulation, a professional person
that fails to file or update a statement required under
paragraph (1) or files a statement that the court determines
does not represent a good faith effort to comply with this
section shall disclose such failure in any filing required to
conform to the disclosure requirements under rule 2014(a) of the
Federal Rules of Bankruptcy Procedure.
(c) List of Material Interested Parties.--
[[Page 136 STAT. 4]]
(1) <<NOTE: Deadline.>> Preparation.--Not later than 30
days after the date of enactment of this Act, the Oversight
Board shall establish a List of Material Interested Parties
subject to--
(A) <<NOTE: Courts.>> the approval of the court;
and
(B) the right of the United States trustee or any
party in interest to be heard on the approval.
(2) Inclusions.--Except as provided in paragraph (3), the
List of Material Interested Parties shall include--
(A) the debtor;
(B) any creditor;
(C) any other party in interest;
(D) any attorney or accountant of--
(i) the debtor;
(ii) any creditor; or
(iii) any other party in interest;
(E) the United States trustee and any person
employed in the office of the United States trustee; and
(F) the Oversight Board, including the members, the
Executive Director, and the employees of the Oversight
Board.
(3) Exclusions.--The List of Material Interested Parties may
not include any person with a claim, the amount of which is
below a threshold dollar amount established by the court that is
consistent with the purpose of this Act.
(d) Review.--
(1) In general.--The United States trustee shall review each
verified statement submitted pursuant to subsection (b) and may
file with the court comments on such verified statements before
the professionals filing such statements seek compensation under
section 316 or 317 of PROMESA (48 U.S.C. 2176, 2177).
(2) Objection.--The United States trustee may object to
applications filed under section 316 or 317 of PROMESA (48
U.S.C. 2176, 2177) that fail to satisfy the requirements of
subsection (b).
(e) <<NOTE: Courts.>> Limitation on Compensation.--In a case
commenced under section 304 of PROMESA (48 U.S.C. 2164), in connection
with the review and approval of professional compensation under section
316 or 317 of PROMESA (48 U.S.C. 2176, 2177) filed after the date of
enactment of this Act, the court may deny allowance of compensation or
reimbursement of expenses if--
(1) the professional person has failed to file the verified
disclosure statements required under subsection (b)(1) or has
filed inadequate disclosure statements under that subsection; or
(2) during the professional person's employment in
connection with the case, the professional person--
(A) is not a disinterested person (as defined in
section 101 of title 11, United States Code) relative to
any entity or person on the List of Material Interested
Parties; or
[[Page 136 STAT. 5]]
(B) represents or holds an adverse interest in
connection with the case.
Approved January 20, 2022.
LEGISLATIVE HISTORY--H.R. 1192:
---------------------------------------------------------------------------
SENATE REPORTS: No. 117-48 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD:
Vol. 167 (2021):
Feb. 23, 24, considered and passed
House.
Dec. 17, considered and passed
Senate, amended.
Vol. 168 (2022):
Jan. 19, House concurred in Senate
amendment.
<all> | PRRADA | To impose requirements on the payment of compensation to professional persons employed in voluntary cases commenced under title III of the Puerto Rico Oversight Management and Economic Stability Act (commonly known as "PROMESA"). | PRRADA
Puerto Rico Recovery Accuracy in Disclosures Act of 2021
PRRADA
Puerto Rico Recovery Accuracy in Disclosures Act of 2021
PRRADA
Puerto Rico Recovery Accuracy in Disclosures Act of 2021 | Rep. Velazquez, Nydia M. | D | NY |
1,176 | 6,710 | H.R.9136 | Education | Campus Accountability and Safety Act
This bill addresses sexual harassment, sexual assault, and other violence and harassment on the campuses of institutions of higher education (IHEs). Among other provisions, the bill (1) requires additional information to be included in the annual campus security report provided to current and prospective students and employees, (2) requires each IHE to establish a campus security policy that meets certain requirements, and (3) authorizes grants to address these issues. | To amend the Higher Education Act of 1965 and the Jeanne Clery
Disclosure of Campus Security Policy and Campus Crime Statistics Act to
combat campus 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 ``Campus Accountability and Safety
Act''.
SEC. 2. AMENDMENTS TO THE CLERY ACT.
Section 485(f) of the Higher Education Act of 1965 (20 U.S.C.
1092(f)) (known as the Jeanne Clery Disclosure of Campus Security
Policy and Campus Crime Statistics Act) is amended--
(1) in paragraph (1)--
(A) by inserting ``which shall include, at a
minimum, publication in an easily accessible manner on
the website of the institution,'' after ``through
appropriate publications or mailings,'';
(B) in subparagraph (C), by striking clause (ii)
and inserting the following:
``(ii) if applicable, any memorandum of
understanding between the institution and law
enforcement, or a description of the working
relationship between the institution, campus
security personnel, or campus law enforcement
and State or local law enforcement agencies;
and'';
(C) in subparagraph (F)--
(i) in clause (i)--
(I) by redesignating subclauses
(III) through (IX) as subclauses (VI)
through (XII); and
(II) by striking subclause (II) and
inserting the following:
``(II) rape;
``(III) fondling;
``(IV) incest;
``(V) statutory rape;''; and
(ii) in clause (ii), by striking
``subclauses (I) through (VIII) of clause (i)''
and inserting ``subclauses (I) through (XI) of
clause (i)''; and
(D) by adding at the end the following:
``(K)(i) With respect to the criminal activity
described in subclauses (II) and (III) of subparagraph
(F)(i), the eligible institution shall prepare for the
annual security report that is due on the date that is
1 year after the date of enactment of the Campus
Accountability and Safety Act, and annually thereafter,
the following additions:
``(I) The number of such incidents where
the respondent is a student at the institution.
``(II) Of the incidents described in
subclause (I), the number of such incidents
that were reported to the title IX coordinator
or other higher education responsible employee
of the institution.
``(III) Of the incidents described in
subclause (II), the number of victims who
sought campus disciplinary action at the
institution.
``(IV) Of the victims described in
subclause (III), the number of cases processed
through the student disciplinary process of the
institution.
``(V) Of the cases described in subclause
(IV), the number of respondents who were found
responsible through the student disciplinary
process of the institution.
``(VI) Of the cases described in subclause
(IV), the number of respondents who were found
not responsible through the student
disciplinary process of the institution.
``(VII) A description of the final
sanctions imposed by the institution for each
incident for which a respondent was found
responsible through the student disciplinary
process of the institution, if such description
will not reveal personally identifiable
information about an individual student.
``(VIII) The number of student disciplinary
proceedings at the institution that have closed
without resolution since the previous annual
security report due to withdrawal from the
institution of higher education by the
respondent pending resolution of the student
disciplinary proceeding.
``(ii) The Secretary shall provide technical
assistance to eligible institutions to assist such
institutions in meeting the requirements of this
subparagraph.'';
(2) in paragraph (6)(A), by adding at the end the
following:
``(vi) The term `complainant' means an individual who is
alleged to be the victim of conduct that could constitute
domestic violence, dating violence, sexual assault, sexual
harassment, or stalking.
``(vii) The term `respondent' means an individual who is
alleged to be the perpetrator of conduct that could constitute
domestic violence, dating violence, sexual assault, sexual
harassment, or stalking.
``(viii) The term `title IX coordinator' has the meaning
given to the individual designated as a responsible employee in
section 106.8(a) of title 34, Code of Federal Regulations, as
such section is in effect on the date of enactment of the
Campus Accountability and Safety Act.
``(ix) The term `higher education responsible employee'
means an employee of an institution of higher education who--
``(I) has the authority to take action to redress
domestic violence, dating violence, sexual assault,
sexual harassment, or stalking; or
``(II) has the duty to report domestic violence,
dating violence, sexual assault, sexual harassment, or
stalking or any other misconduct by students or
employees to appropriate school officials.'';
(3) by striking paragraph (7) and inserting the following:
``(7) The statistics described in clauses (i), (ii), and
(iii) of paragraph (1)(F)--
``(A) shall not identify complainants or
respondents or contain any other information from which
complainants or respondents could be identified; and
``(B) shall be compiled in accordance with the
following definitions:
``(i) For the offenses of domestic
violence, dating violence, and stalking, such
statistics shall be compiled in accordance with
the definitions used in section 40002(a) of the
Violence Against Women Act of 1994 (34 U.S.C.
12291(a)).
``(ii) For the offense of rape, such
statistics shall be compiled in accordance with
the definition of rape as the penetration, no
matter how slight, of the vagina or anus with
any body part or object, or oral penetration by
a sex organ of another person, without the
consent of the victim.
``(iii) For the offenses of fondling,
incest, and statutory rape, such statistics
shall be compiled in accordance with the
definition used in the National Incident Based
Reporting System.
``(iv) For offenses not described in clause
(i), (ii), or (iii), such statistics shall be
compiled in accordance with the Uniform Crime
Reporting Program of the Department of Justice,
Federal Bureau of Investigation, and the
modifications to such definitions as
implemented pursuant to the Hate Crime
Statistics Act (34 U.S.C. 41305).''; and
(4) in paragraph (8)(B)--
(A) in clause (i)--
(i) in the matter preceding subclause (I),
by inserting ``, developed in consultation with
local, State, or national sexual assault,
dating violence, domestic violence, and
stalking victim advocacy, victim services, or
prevention organizations, and local law
enforcement,'' after ``Education programs'';
and
(ii) in subclause (I)(aa), by inserting ``,
including the fact that these are crimes for
the purposes of this subsection and reporting
under this subsection, and the institution of
higher education will, based on the
complainant's wishes, cooperate with local law
enforcement with respect to any alleged
criminal offenses involving students or
employees of the institution of higher
education, including by notifying and obtaining
written consent from a complainant who has been
fully and accurately informed about what
procedures shall occur if information is
shared, when the institution of higher
education seeks to share information regarding
an alleged criminal offenses with a law
enforcement agency'' after ``stalking''; and
(B) in clause (iv)--
(i) by redesignating subclauses (II) and
(III) as subclauses (III) and (IV),
respectively;
(ii) by inserting after subclause (I) the
following:
``(II) the institution will comply
with the requirements of section
125(b), and shall include a description
of such requirements;''; and
(iii) in subclause (IV), as redesignated by
clause (i)--
(I) in item (aa), by inserting ``,
within 5 days of such determination''
after ``sexual assault, or stalking'';
(II) in item (bb), by inserting
``simultaneously with the notification
of the outcome described in item
(aa),'' before ``the institution's'';
(III) in item (cc), by inserting
``within 5 days of such change'' after
``results become final''; and
(IV) in item (dd), by inserting
``within 5 days of such determination''
after ``results become final''.
SEC. 3. TRANSPARENCY.
Part B of title I of the Higher Education Act of 1965 (20 U.S.C.
1011 et seq.) is amended by adding at the end the following:
``SEC. 124. TRANSPARENCY.
``The Secretary shall establish a publicly available, searchable,
accessible, and user-friendly campus safety website that includes the
following:
``(1) The name and contact information for the title IX
coordinator for each institution of higher education receiving
funds under this Act, and a brief description of the title IX
coordinator's role and the roles of other officials who may be
contacted to discuss or report sexual harassment.
``(2) The Department's pending investigations, enforcement
actions, letters of finding, final resolutions, and voluntary
resolution agreements for all complaints and compliance reviews
under section 485(f) and under title IX of the Education
Amendments of 1972 (20 U.S.C. 1681) related to sexual
harassment. The Secretary shall indicate whether the
investigation, action, letter, resolution, or agreement is
based on a complaint or compliance review. The Secretary shall
make the information under this subsection available regarding
a complaint once the Department receives a written complaint,
and conducts an initial evaluation, and has determined that the
complaint should be opened for investigation of an allegation
that, if substantiated, would constitute a violation of such
title IX or section 485(f). In carrying out this subsection,
the Secretary shall ensure that personally identifiable
information is not reported and shall comply with section 444
of the General Education Provisions Act (20 U.S.C. 1232g),
commonly known as the `Family Educational Rights and Privacy
Act of 1974'.
``(3) A comprehensive campus safety and security data
analysis tool that allows for the review and download of data
that institutions of higher education subject to section 485(f)
are required to report under this Act.
``(4) Information regarding how to file complaints with the
Department related to alleged violations of title IX of the
Education Amendments of 1972 (20 U.S.C. 1681) and of section
485(f).
``(5) Information regarding the Department's policies for
reviewing complaints, initiating compliance reviews, and
conducting and resolving investigations related to alleged
violations of title IX of the Education Amendments of 1972 (20
U.S.C. 1681) and of section 485(f). This information shall
include--
``(A) the contact information for at least one
individual at the Department who can answer questions
from institutions of higher education, complainants (as
defined in section 485(f)(6)), and other interested
parties about such policies;
``(B) potential outcomes of an investigation; and
``(C) the expected timeframe for resolution of an
investigation and any circumstance that may change such
timeframe.''.
SEC. 4. UNIVERSITY SUPPORT FOR SURVIVORS OF DOMESTIC VIOLENCE, DATING
VIOLENCE, SEXUAL ASSAULT, SEXUAL HARASSMENT, AND
STALKING.
(a) In General.--Part B of title I of the Higher Education Act of
1965 (20 U.S.C. 1011 et seq.) is further amended by adding after
section 124 (as added by section 3), the following:
``SEC. 125. UNIVERSITY SUPPORT FOR SURVIVORS OF DOMESTIC VIOLENCE,
DATING VIOLENCE, SEXUAL ASSAULT, SEXUAL HARASSMENT, AND
STALKING.
``(a) Definitions.--In this section:
``(1) Complainant.--The term `complainant' means an
individual who is alleged to be the victim of conduct that
could constitute domestic violence, dating violence, sexual
assault, sexual harassment, or stalking.
``(2) Higher education responsible employee.--The term
`higher education responsible employee' has the meaning given
the term in section 485(f)(6).
``(3) Respondent.--The term `respondent' means an
individual who is alleged to be the perpetrator of conduct that
could constitute domestic violence, dating violence, sexual
assault, sexual harassment, or stalking.
``(4) Title ix coordinator.--The term `title IX
coordinator' has the meaning given the term in section
485(f)(6).
``(5) Victim-centered, trauma-informed interview
techniques.--The term `victim-centered, trauma-informed
interview techniques' means asking questions of an individual
who reports that the individual has been a victim of domestic
violence, dating violence, sexual assault, sexual harassment,
or stalking, in a manner that is focused on the experience of
the victim, does not judge or blame the victim for the alleged
act, is informed by evidence-based research on the neurobiology
of trauma, and contains information on cultural competence
based on practices of rape crisis centers, victim advocacy
centers, sexual assault response teams, title IX offices, and
similar groups, including organizations that work with
underserved populations (as defined in section 40002 of the
Violence Against Women Act of 1994 (34 U.S.C. 12291)).
``(b) Campus Security Policy.--Each institution of higher education
that receives funds under this Act, shall establish a campus security
policy that includes the following:
``(1) Sexual and interpersonal violence coordinators.--The
designation of one or more sexual and interpersonal violence
coordinators at the institution to whom student complainants of
domestic violence, dating violence, sexual assault, sexual
harassment, or stalking can report, including anonymously,
which shall be part of a policy that complies with the
following:
``(A) The sexual and interpersonal violence
coordinator--
``(i) shall not be an undergraduate
student, a full-time graduate student, an
employee designated as a higher education
responsible employee, or the title IX
coordinator;
``(ii) may have other roles at the
institution;
``(iii) shall be appointed based on
experience and a demonstrated ability of the
individual to effectively provide trauma-
informed victim services related to domestic
violence, dating violence, sexual assault,
sexual harassment, and stalking, including to
underserved populations (as defined in section
40002 of the Violence Against Women Act of 1994
(34 U.S.C. 12291));
``(iv) shall be supervised by an individual
outside the body responsible for investigating
and adjudicating complaints at the institution
related to domestic violence, dating violence,
sexual assault, sexual harassment, and
stalking;
``(v) shall not serve as an advisor under
section 485(f)(8)(B)(iv)(III); and
``(vi) shall not be required to report
allegations as a campus security authority
under section 485(f).
``(B) The Secretary shall designate categories of
employees that may serve as sexual and interpersonal
violence coordinators, such as health care staff,
clergy, staff of a women's center, or other such
categories, and specify under what conditions
individuals may go through training to obtain victim
advocate privilege in States with applicable laws. Such
designation shall not preclude the institution from
designating other employees or partnering with
national, State, or local victim services organizations
to serve as sexual and interpersonal violence
coordinators or to serve in other confidential roles.
``(C) The sexual and interpersonal violence
coordinator shall complete the training requirements
described in paragraph (5) and subparagraph (D) within
a reasonable time after being designated as a sexual
and interpersonal violence coordinator.
``(D) The Secretary shall develop online training
materials, in addition to the training required under
paragraph (5), not later than 1 year after the date of
enactment of the Campus Accountability and Safety Act,
for the training of sexual and interpersonal violence
coordinators.
``(E) The sexual and interpersonal violence
coordinator shall inform the complainant, including in
a written format--
``(i) of the complainant's rights under
Federal and State law;
``(ii) of the complainant's rights and
options pursuant to the policy that the
institution of higher education has developed
pursuant to clauses (ii) through (vii) of
section 485(f)(8)(B);
``(iii) of the complainant's reporting
options, including the option to notify a
higher education responsible employee, the
option to notify local law enforcement, and any
other reporting options;
``(iv) a description of the process of
investigation and any disciplinary proceeding
of the institution that may follow notification
of a higher education responsible employee;
``(v) a description of the process of civil
investigation and adjudication of the criminal
justice system that may follow notification of
law enforcement;
``(vi) a description of the jurisdiction,
scope, and possible sanctions of the student
disciplinary process of the institution of
higher education and of the criminal justice
process, including any possible sanctions for
complainants, such as laws regarding false
reporting, in a victim-centered and trauma-
informed manner;
``(vii) that the student disciplinary
process of the institution of higher education
in not equivalent to, and should not be
considered a substitute for, the criminal
justice process;
``(viii) any limitations on the ability of
the sexual and interpersonal violence
coordinator to provide privacy or
confidentiality to the complainant under the
policies of the institution of higher
education, Federal law, or State law; and
``(ix) of a list of local rape crisis
centers, victim advocacy centers, sexual and
interpersonal violence teams, title IX offices,
or similar groups that are based on or near
campus and can reasonably be expected to act as
a resource for the student.
``(F) The sexual and interpersonal violence
coordinator may, as appropriate--
``(i) serve as a liaison between a
complainant and a higher education responsible
employee or law enforcement, provided the
sexual and interpersonal violence coordinator
has obtained written consent from the
complainant who has been fully and accurately
informed about what procedures shall occur if
information is shared; and
``(ii) assist a complainant in contacting
and reporting to a higher education responsible
employee or law enforcement.
``(G) The sexual and interpersonal violence
coordinator shall be authorized by the institution to
liaise with appropriate staff at the institution to
arrange reasonable accommodations through the
institution to allow the complainant to change living
arrangements or class schedules, obtain accessibility
services (including language services), or arrange
other accommodations for the complainant. The
institution may not require that the complainant report
to a law enforcement agency as a condition to grant
such accommodations.
``(H) The sexual and interpersonal violence
coordinator shall not be obligated to report crimes to
the institution or law enforcement in a way that
identifies a complainant or respondent, unless
otherwise required to do so by State law. The sexual
and interpersonal violence coordinator shall, to the
extent authorized under State law, provide confidential
services.
``(I) The institution shall designate as a sexual
and interpersonal violence coordinator an individual
who has victim advocate privilege under State law
(including receipt of any applicable State-required
training for that purpose) if there is such an
individual employed by the institution. The institution
may partner through a formal agreement with an outside
organization with the experience described in
subparagraph (A)(iii), such as a community-based rape
crisis center or other community-based sexual assault
service provider, to provide the services described in
this paragraph.
``(J) The sexual and interpersonal violence
coordinator shall collect and report anonymized
statistics, on an annual basis, unless prohibited by
State law. The sexual and interpersonal violence
coordinator shall ensure that such reports do not
include identifying information and that the
confidentiality of a complainant or respondent is not
jeopardized through the reporting of such statistics.
Any requests for accommodations, as described in
subparagraph (G), made by a sexual and interpersonal
violence coordinator shall not trigger an investigation
by the institution, even if the sexual and
interpersonal violence coordinator deals only with
matters relating to domestic violence, dating violence,
sexual assault, sexual harassment, and stalking.
``(K) The institution shall appoint an adequate
number of sexual and interpersonal violence
coordinators not later than the earlier of--
``(i) 1 year after the Secretary determines
through a negotiated rulemaking process what an
adequate number of sexual and interpersonal
violence coordinators is for an institution
based on its size; or
``(ii) 3 years after the date of enactment
of the Campus Accountability and Safety Act.
``(L) As part of the negotiated rulemaking process
described in subparagraph (K)(i), the Secretary shall
determine a process to allow institutions that enroll
fewer than 1,000 students to partner with another
institution of higher education in their region or
State to provide the services described in this
paragraph while ensuring that students continue to have
adequate access to a sexual and interpersonal violence
coordinator.
``(M) The institution shall not discipline,
penalize, or otherwise retaliate against an individual
who reports, in good faith, domestic violence, dating
violence, sexual assault, sexual harassment, or
stalking to the sexual and interpersonal violence
coordinator.
``(N) Each employee of an institution who receives
a report of domestic violence, dating violence, sexual
assault, sexual harassment, or stalking shall notify
the reporting individual of the existence of, contact
information for, and services provided by sexual and
interpersonal violence coordinator of the institution.
``(2) Information on the institution's website.--The
institution shall list on its website--
``(A) the name and contact information for the
sexual and interpersonal violence coordinator;
``(B) reporting options, including confidential
options, for complainants of domestic violence, dating
violence, sexual assault, sexual harassment, or
stalking;
``(C) the process of investigation and disciplinary
proceedings of the institution;
``(D) the process of investigation and adjudication
of the criminal justice system;
``(E) potential reasonable accommodations that the
institution may provide to a complainant, as described
in paragraph (1)(G);
``(F) the telephone number and website address for
a local, State, or national hotline providing
information to complainants (which shall be clearly
communicated on the website and shall be updated on a
timely basis);
``(G) the name and location of the nearest medical
facility where an individual may have a medical
forensic examination administered by a trained sexual
assault forensic nurse, including information on
transportation options and available reimbursement for
a visit to such facility;
``(H) the institution's amnesty and retaliation
policies; and
``(I) a list of local rape crisis centers, victim
advocacy centers, sexual assault response teams, title
IX offices, or similar groups that are based on or near
campus and can reasonably be expected to act as a
resource for the student.
``(3) Online reporting.--The institution may provide an
online reporting system to collect anonymous disclosures of
crimes and track patterns of crime on campus. An individual may
submit an anonymous report, if they choose to do so, about a
specific crime to the institution using the online reporting
system, but the institution is only obligated to investigate a
specific crime if an individual decides to report the crime to
a higher education responsible employee or law enforcement. If
the institution uses an online reporting system, the online
system shall also include information about how to report a
crime to a higher education responsible employee and to law
enforcement and how to contact a sexual and interpersonal
violence coordinator and any other appropriate on- or off-
campus resource.
``(4) Amnesty policy.--
``(A) In general.--The institution shall provide an
amnesty policy for any student who reports, in good
faith, domestic violence, dating violence, sexual
assault, sexual harassment, or stalking to an
institution official, such that the reporting student
will not be sanctioned by the institution for a student
conduct violation related to alcohol use or drug use
that is revealed in the course of such a report and
that occurred at or near the time of the commission of
the domestic violence, dating violence, sexual assault,
sexual harassment, or stalking.
``(B) Good faith.--A determination of whether a
report is made in good faith--
``(i) shall be made in accordance with
regulations established by the Secretary
through a negotiated rulemaking process; and
``(ii) shall not include a presumptive
finding that a student did not act in good
faith based solely on the institution not
initiating a disciplinary proceeding based on
the student's report.
``(C) No preemption.--The requirement under
subparagraph (A) shall not preempt the ability of an
institution of higher education to establish an amnesty
policy for student conduct violations not mentioned in
this provision.
``(D) Provision of information.--The institution
shall provide information about the amnesty policy of
the institution on the website of the institution.
``(5) Training.--
``(A) In general.--Not later than 1 year after the
date of enactment of the Campus Accountability and
Safety Act, the Secretary, in coordination with the
Attorney General and in consultation with national,
State, or local victim services organizations and
institutions of higher education, shall develop a
training program, which may include online training
modules, for training--
``(i) each individual who is involved in
implementing an institution of higher
education's student grievance procedures,
including each individual who is responsible
for resolving complaints of reported domestic
violence, dating violence, sexual assault,
sexual harassment, or stalking; and
``(ii) each employee of an institution of
higher education who has responsibility for
conducting an interview with a complainant of
domestic violence, dating violence, sexual
assault, sexual harassment, or stalking.
``(B) Contents.--Such training shall include--
``(i) information on working with and
interviewing persons subjected to domestic
violence, dating violence, sexual assault,
sexual harassment, or stalking;
``(ii) information on particular types of
conduct that would constitute domestic
violence, dating violence, sexual assault,
sexual harassment, or stalking, regardless of
gender, including same-sex incidents of
domestic violence, dating violence, sexual
assault, sexual harassment, or stalking;
``(iii) information on consent and what
factors, including power dynamics, may impact
whether consent is voluntarily given, including
the ways drugs or alcohol may affect an
individual's ability to consent and information
on consent for victims with disabilities or
victims who may be neurodivergent;
``(iv) the effects of trauma, including the
neurobiology of trauma;
``(v) training regarding the use of victim-
centered, trauma-informed interview techniques;
``(vi) cultural awareness training
regarding how domestic violence, dating
violence, sexual assault, sexual harassment,
and stalking may impact students differently
depending on their cultural background;
``(vii) information on cultural competence
that addresses the needs of underserved
populations (as defined in section 40002 of the
Violence Against Women Act of 1994 (34 U.S.C.
12291)) in the campus community; and
``(viii) information on sexual assault
dynamics, sexual assault perpetrator behavior,
and barriers to reporting.
``(C) Institutional training.--Each institution of
higher education shall ensure that the individuals and
employees described in subparagraph (A) receive the
training described in this paragraph not later than the
July 15 that is 1 year after the date that the training
program has been developed by the Secretary in
accordance with subparagraph (A).
``(6) Uniform campus-wide process for student disciplinary
proceeding relating to claim of domestic violence, dating
violence, sexual assault, sexual harassment, or stalking.--Each
institution of higher education that receives funds under this
Act--
``(A) shall establish and carry out a uniform
process (for each campus of the institution) for
student disciplinary proceedings relating to any claims
of domestic violence, dating violence, sexual assault,
sexual harassment, or stalking against a student who
attends the institution;
``(B) shall not carry out a different disciplinary
process on the same campus for domestic violence,
dating violence, sexual assault, sexual harassment, or
stalking, or alter the uniform process described in
subparagraph (A), based on the status or
characteristics of a student who will be involved in
that disciplinary proceeding, including characteristics
such as a student's membership on an athletic team,
academic major, or any other characteristic or status
of a student; and
``(C) may not, as a condition of student
participation in a disciplinary proceeding--
``(i) automatically notify a law
enforcement agency of--
``(I) a receipt of a report of
domestic violence, dating violence,
sexual assault, sexual harassment, or
stalking; or
``(II) the initiation of a campus
disciplinary proceeding; or
``(ii) require cooperation with a law
enforcement agency.
``(7) Information about the title ix coordinator.--The
institution shall submit, annually, to the Office for Civil
Rights of the Department of Education and the Civil Rights
Division of the Department of Justice, the name and contact
information for the title IX coordinator, including a brief
description of the coordinator's role and the roles of other
officials who may be contacted to discuss or report domestic
violence, dating violence, sexual assault, sexual harassment,
or stalking, and documentation of training received by the
title IX coordinator. The educational institution shall provide
updated information to the Office for Civil Rights of the
Department of Education and the Civil Rights Division of the
Department of Justice not later than 30 days after the date of
any change.
``(8) Written notice of institutional disciplinary
process.--The institution shall provide both the complainant
and respondent with written notice of the institution's
decision to proceed with an institutional disciplinary process
regarding an allegation of domestic violence, dating violence,
sexual assault, sexual harassment, or stalking within 24 hours
of such decision, and sufficiently in advance of a disciplinary
hearing to provide both the complainant and respondent with the
opportunity to meaningfully exercise their rights to a
proceeding that is prompt, fair, and impartial, which shall
include the opportunity for both parties to present witnesses
and other evidence, and any other due process rights afforded
to them under institutional policy. The written notice shall
include the following:
``(A) The existence of a complaint, the nature of
the conduct upon which the complaint is based, and the
date on which the alleged incident occurred.
``(B) A description of the process for the
disciplinary proceeding, including the estimated
timeline from initiation to final disposition.
``(C) A description of the rights and protections
available to the complainant and respondent, including
those described in section 485(f)(8)(B)(iv) and any
other rights or protections that the complainant and
respondent may have under the institution's policies.
``(D) A copy of the institution's applicable
policies, and, if available, related published
informational materials.
``(E) Name and contact information for an
individual at the institution, who is independent of
the disciplinary process, to whom the complainant and
respondent can submit questions about any of the
information described in the written notice of the
institutional disciplinary process.
``(c) Penalties.--
``(1) Penalty relating to sexual and interpersonal violence
coordinators.--The Secretary may impose a civil penalty of not
more than 1 percent of an institution's operating budget, as
defined by the Secretary, for each year that the institution
fails to carry out the requirements of such paragraph following
the effective date described in section 4(b)(1) of the Campus
Accountability and Safety Act.
``(2) Other provisions.--The Secretary may impose a civil
penalty of not more than 1 percent of an institution's
operating budget, as defined by the Secretary, for each year
that the institution fails to carry out the requirements of
such paragraphs following the effective date described in
section 4(b)(2) of the Campus Accountability and Safety Act.
``(3) Voluntary resolution.--Notwithstanding any other
provision of this section, the Secretary may enter into a
voluntary resolution with an institution of higher education
that is subject to a penalty under this subsection.
``(4) Adjustment to penalties.--Any civil penalty under
this subsection may be reduced by the Secretary. In determining
the amount of such penalty, or the amount agreed upon in
compromise, the Secretary of Education shall consider the
appropriateness of the penalty to the size of the operating
budget of the educational institution subject to the
determination, the gravity of the violation or failure, and
whether the violation or failure was committed intentionally,
negligently, or otherwise.''.
(b) Effective Dates.--
(1) Sexual and interpersonal violence coordinator.--
Paragraph (1) of section 125(b) of the Higher Education Act of
1965, as added by subsection (a), shall take effect on the date
that is the earlier of--
(A) 1 year after the Secretary of Education
determines through a negotiated rulemaking process what
an adequate number of sexual and interpersonal violence
coordinators is for an institution based on an
institution's size; or
(B) 3 years after the date of enactment of this
Act.
(2) Other provisions.--Paragraphs (2) through (8) of
section 125(b) of the Higher Education Act of 1965, as added by
subsection (a), shall take effect on the date that is 1 year
after the date of enactment of this Act.
(c) Negotiated Rulemaking.--The Secretary of Education shall
establish regulations to carry out the provisions of this section, and
the amendment made by this section, in accordance with the requirements
described under section 492 of the Higher Education Act of 1965 (20
U.S.C. 1098a).
SEC. 5. GRANTS TO IMPROVE PREVENTION AND RESPONSE TO DOMESTIC VIOLENCE,
DATING VIOLENCE, SEXUAL ASSAULT, SEXUAL HARASSMENT, AND
STALKING ON CAMPUS.
Title VIII of the Higher Education Act of 1965 (20 U.S.C. 1161a) is
amended by adding at the end the following:
``PART BB--GRANTS FOR INSTITUTIONS TO ADDRESS AND PREVENT DOMESTIC
VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, SEXUAL HARASSMENT, AND
STALKING ON CAMPUS
``SEC. 899. GRANTS FOR INSTITUTIONS TO ADDRESS AND PREVENT DOMESTIC
VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, SEXUAL
HARASSMENT, AND STALKING ON CAMPUS.
``(a) Grants Authorized.--
``(1) In general.--The Secretary is authorized to award
grants to institutions of higher education, on a competitive
basis as described in paragraph (2), to enhance the ability of
such institutions to address and prevent domestic violence,
dating violence, sexual assault, sexual harassment, and
stalking on campus.
``(2) Award basis.--The Secretary shall award grants under
this section, on a competitive basis, as funds become available
through the payment of penalties by institutions of higher
education under section 125.
``(3) Prohibition; ineligible institutions.--
``(A) No reservation for administrative expenses.--
Funds awarded under this section shall not be reserved
for administrative expenses.
``(B) Ineligible institutions.--
``(i) Violations.--An institution of higher
education shall not be eligible to receive a
grant under this section if the institution is
found by the Department of Education, at the
time of application for a grant under this
section, to be in violation of--
``(I) title IX of the Education
Amendments of 1972 (20 U.S.C. 1681);
and
``(II) section 485(f).
``(ii) Multiple grants.--An institution of
higher education that has received a grant
award under section 304 of the Violence Against
Women and Department of Justice Reauthorization
Act of 2005 (34 U.S.C. 20125) in any of the
previous 3 grant funding cycles shall not be
eligible for a grant award under this section.
``(4) Preference.--In awarding grants under this section,
the Secretary shall give preference to those institutions of
higher education--
``(A) with the smallest endowments or the lowest
tuition rates, as compared to all institutions
receiving funds under this Act; or
``(B) that have demonstrated a strong commitment to
prioritizing the prevention of domestic violence,
dating violence, sexual assault, sexual harassment, and
stalking on their campuses, which may be demonstrated
by providing documentation of actions by the
administration of such institution such as--
``(i) establishing a working group on
campus that includes the participation of
administration officials and students to
analyze and strategize improvements to the way
the institution prevents and responds to
domestic violence, dating violence, sexual
assault, sexual harassment, and stalking on
campus;
``(ii) organizing a series of listening
sessions on campus to gather feedback and ideas
from the campus community on how to improve the
way the institution prevents and responds to
domestic violence, dating violence, sexual
assault, sexual harassment, and stalking on
campus;
``(iii) hosting a conference that brings
together academic researchers to present and
share ideas and research regarding domestic
violence, dating violence, sexual assault,
sexual harassment, and stalking on campus; or
``(iv) other documented efforts beyond the
requirements of Federal or State law that the
administration of the institution of higher
education has initiated in order to better
understand the prevalence of domestic violence,
dating violence, sexual assault, sexual
harassment, and stalking on campus and analyze
and improve how the institution of higher
education responds to such incidents.
``(5) Amount of grants.--The Secretary, through the
Assistant Secretary of the Office for Civil Rights, shall award
the grants under this section in an amount of not more than
$500,000 for each institution of higher education.
``(6) Equitable participation.--The Secretary shall make
every effort to ensure--
``(A) the equitable participation of private and
public institutions of higher education in the
activities assisted under this section;
``(B) the equitable geographic distribution of
grants under this section among the various regions of
the United States; and
``(C) the equitable distribution of grants under
this section to Tribal Colleges or Universities (as
defined under section 316(b)) and historically Black
colleges or universities.
``(7) Duration.--The Secretary shall award each grant under
this section for a period of not more than 5 years.
``(b) Use of Grant Funds.--
``(1) Mandatory uses.--Grant funds awarded under this
section shall be used to research best practices for preventing
and responding to domestic violence, dating violence, sexual
assault, sexual harassment, and stalking on campus and to
disseminate such research to peer institutions and the
Department. Such research may include a focus on one or more of
the following purposes:
``(A) Strengthening strategies to combat domestic
violence, dating violence, sexual assault, sexual
harassment, and stalking on campus.
``(B) Strengthening victim services for incidents
involving domestic violence, dating violence, sexual
assault, sexual harassment, and stalking on campus,
which may involve partnerships with community-based
victim services agencies.
``(C) Strengthening prevention education and
awareness programs on campus regarding domestic
violence, dating violence, sexual assault, sexual
harassment, and stalking.
``(2) Permissive uses.--Grant funds awarded under this
section may be used for one or more of the following purposes:
``(A) Evaluating and determining the effectiveness
of victim services and education programs in reaching
all populations that may be subject to domestic
violence, dating violence, sexual assault, sexual
harassment, and stalking on campus.
``(B) Training campus administrators, campus
security personnel, and personnel serving on campus
disciplinary boards on campus policies, protocols, and
services to respond to domestic violence, dating
violence, sexual assault, sexual harassment, and
stalking on campus, which shall include instruction on
victim-centered, trauma-informed interview techniques
and information on the neurobiological effects of
trauma and stress on memory.
``(C) Developing, expanding, or strengthening
victim services programs and population specific
services on the campus of the institution, including
programs providing legal, medical, or psychological
counseling for victims of domestic violence, dating
violence, sexual assault, sexual harassment, and
stalking, and to improve delivery of victim assistance
on campus, including through the services of the sexual
and interpersonal violence coordinator (as described in
section 125(b)).
``(D) Developing or adapting and providing
developmentally and culturally appropriate and
linguistically accessible print or electronic materials
regarding campus policies, protocols, and services
related to the prevention of and response to domestic
violence, dating violence, sexual assault, sexual
harassment, and stalking on campus.
``(E) Developing and implementing prevention
education and awareness programs on campus regarding
domestic violence, dating violence, sexual assault,
sexual harassment, and stalking.
``(c) Applications.--
``(1) In general.--In order to be eligible for a grant
under this section for any fiscal year, an institution of
higher education shall submit an application to the Secretary
at such time and in such manner as the Secretary shall
prescribe.
``(2) Contents.--Each application submitted under paragraph
(1) shall--
``(A) describe the need for grant funds and the
plan for implementation for any of the activities
described in subsection (b);
``(B) describe the characteristics of the
population being served, including type of campus,
demographics of the population, and number of students;
``(C) describe how underserved populations (as
defined in section 40002 of the Violence Against Women
Act of 1994 (34 U.S.C. 12291)) in the campus community
will be adequately served, including the provision of
relevant population specific services;
``(D) provide measurable goals and expected results
from the use of the grant funds;
``(E) provide assurances that the Federal funds
made available under this section shall be used to
supplement and, to the extent practical, increase the
level of funds that would, in the absence of Federal
funds, be made available by the institution or
organization for the activities described in subsection
(b); and
``(F) include such other information and assurances
as the Secretary reasonably determines to be necessary.
``(d) Reports.--
``(1) Grantee reporting.--
``(A) Annual report.--Each institution of higher
education receiving a grant under this section shall
submit a performance report to the Secretary beginning
1 year after receiving the grant and annually
thereafter. The Secretary shall suspend funding under
this section for an institution of higher education if
the institution fails to submit such a report.
``(B) Final report.--Upon completion of the grant
period under this section, the grantee institution
shall file a final performance report with the
Secretary explaining the activities carried out under
this section together with an assessment of the
effectiveness of the activities described in subsection
(b).
``(2) Report to congress.--Not later than 180 days after
the end of the grant period under this section, the Secretary
shall submit to Congress a report that includes--
``(A) the number of grants, and the amount of
funds, distributed under this section;
``(B) a summary of the activities carried out using
grant funds and an evaluation of the progress made
under the grant; and
``(C) an evaluation of the effectiveness of
programs funded under this section.''.
SEC. 6. GAO REPORT.
The Comptroller General of the United States shall--
(1) conduct a study on the effectiveness and efficiency of
the grants to improve prevention and response to domestic
violence, dating violence, sexual assault, sexual harassment,
and stalking on campus under section 899 of the Higher
Education Act of 1965, as added by section 5 of this Act; and
(2) submit a report, not later than 2 years after the date
of enactment of this Act, on the study described in paragraph
(1), to the Committee on Health, Education, Labor, and Pensions
of the Senate and the Committee on Education and Labor of the
House of Representatives.
<all> | Campus Accountability and Safety Act | To amend the Higher Education Act of 1965 and the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act to combat campus sexual assault, and for other purposes. | Campus Accountability and Safety Act | Rep. Maloney, Carolyn B. | D | NY |
1,177 | 14,327 | H.R.1115 | Public Lands and Natural Resources | Global War on Terrorism Memorial Location Act
This bill authorizes the establishment of a National Global War on Terrorism Memorial in the area of the National Mall.
| To authorize the location of a memorial on the National Mall to
commemorate and honor the members of the Armed Forces that served on
active duty in support of the Global War on Terrorism, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Global War on Terrorism Memorial
Location Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Nearing two decades after the September 11 attacks
against the United States, America continues the Global War on
Terrorism, at great personal cost to men and women serving on
active duty in the Nation's Armed Forces and to those whose
support they depend upon to fulfill their duties.
(2) Civil servants from Federal agencies, the intelligence
community, local emergency responders, and other civilian
support personnel have made significant sacrifices in their
service in the Global War on Terrorism.
(3) Honoring the losses endured by these individuals and
their families, in 2017 Congress unanimously passed and the
President signed Public Law 115-51, which allowed the Global
War on Terrorism Memorial Foundation to establish a memorial to
the fallen on Federal land in the District of Columbia.
(4) Given the significance of the Global War on Terrorism
as the longest-running conflict in United States history and
the magnitude of the sacrifice involved in these operations, it
is appropriate to locate the memorial to the Global War on
Terrorism within the Reserve alongside existing memorials to
the Nation's major armed conflicts.
SEC. 3. NATIONAL GLOBAL WAR ON TERRORISM MEMORIAL LOCATION.
(a) Authorization.--Notwithstanding section 8908(c) of title 40,
United States Code, the Global War on Terrorism Memorial Foundation may
establish a National Global War on Terrorism Memorial within the
Reserve.
(b) Location.--The Memorial shall be located at one of the
following sites, as identified in and consistent with the document
known as ``The Memorials and Museums Master Plan'':
(1) Potential Site 1--Constitution Gardens, Prime Candidate
Site 10 in The Memorials and Museums Master Plan.
(2) Potential Site 2--JFK Hockey Fields, Prime Candidate
Site 18 in The Memorials and Museums Master Plan.
(3) Potential Site 3--West Potomac Park, Candidate Site 70
in The Memorials and Museums Master Plan.
(c) Commemorative Works Act.--Except as otherwise provided by
subsections (a) and (b), chapter 89 of title 40, United States Code
(commonly known as the ``Commemorative Works Act''), shall apply to the
Memorial.
(d) Definitions.--For the purposes of this section, the following
definitions apply--
(1) Memorial.--The term ``Memorial'' means the National
Global War on Terrorism Memorial authorized by subsection (a).
(2) Reserve.--The term ``Reserve'' has the meaning given
that term in 8902(a)(3) of title 40, United States Code.
<all> | Global War on Terrorism Memorial Location Act | To authorize the location of a memorial on the National Mall to commemorate and honor the members of the Armed Forces that served on active duty in support of the Global War on Terrorism, and for other purposes. | Global War on Terrorism Memorial Location Act | Rep. Crow, Jason | D | CO |
1,178 | 9,454 | H.R.5125 | Health | Strengthening Innovation in Medicare and Medicaid Act
This bill makes a series of changes to requirements for the Center for Medicare and Medicaid Innovation, including additional testing parameters, procedural steps, and reporting requirements for models. | To amend title XI of the Social Security Act to clarify parameters for
model testing and add accountability to model expansion under the
Center for Medicare and Medicaid Innovation, and for other purposes.
Be it enacted by the Senate 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 Innovation in Medicare
and Medicaid Act''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that:
(1) The Center for Medicare and Medicaid Innovation (CMI)
represents a valuable tool for testing innovative health care
payment and service delivery models which can improve the
coordination, quality, and efficiency of health care services.
(2) The model testing process is intended to test concepts
on a limited scale first in Phase I, then assess initial
results, and, if results merit, expand the model to a larger
test in Phase II to confirm the initial results.
(3) Starting model testing on a limited scale, assessing
results, and then expanding the model to confirm initial
results protects the integrity of the Medicare program by
minimizing unintentional losses or negative impacts to the
patients or providers participating in Phase I model testing.
(4) CMI should focus its attention on models most likely to
succeed and should continually assess models and terminate
those which are not generating results in keeping with its
purpose--lowering costs while maintaining or preserving patient
outcomes.
(5) Mandatory models may be necessary to test certain
payment models but should be used judiciously and be as limited
in scope as possible to minimize accidental adverse impacts.
(6) As CMI may waive certain provisions of Medicare
regulations, Congress may block models which functionally alter
or change the underlying existing statutes.
SEC. 3. DEFINING CMI MODEL TESTING PARAMETERS.
(a) Scope and Duration of Models.--Section 1115A(a) of the Social
Security Act (42 U.S.C. 1315a(a)) is amended by adding at the end the
following new paragraph:
``(6) Scope and duration of models tested.--beginning on or
after the date of the enactment of the Strengthening Innovation
In Medicare and Medicaid Act, for purposes of testing new
payment and service delivery models, the Secretary shall limit
testing of a Phase 1 model to--
``(A) a period not to exceed 5 years; and
``(B) to the lesser of ten percent of applicable
individuals or 500,000 beneficiaries.''.
(b) Cap on Phase 1 Model Testing.--Section 1115A(a) of the Social
Security Act (42 U.S.C. 1315a(a)), as amended by subsection (a), is
further amended by adding at the end the following new paragraph:
``(7) Phase 1 model limitations.--During each fiscal year
starting with Fiscal Year 2023, CMI shall initiate Phase 1
testing of no more than six new models each fiscal year.
Additionally, CMI shall not concurrently test more than five
Phase 1 models which involve mandatory, involuntary, or
compulsory participation.''.
(c) Required Waivers for Hardship.--Section 1115A(a) of the Social
Security Act (42 U.S.C. 1315a(a)), as amended by subsection (a), is
further amended by adding at the end the following new paragraph:
``(8) Hardship waivers.--Not later than 60 days after the
enactment of the Strengthening Innovation in Medicare and
Medicaid Act, the Secretary shall develop and implement a plan
to allow applicable providers of services or supplies to
request a waiver from any requirement of a model if the
Secretary determines that such requirement would result in
undue economic hardship to such provider or supplier or loss of
access to such healthcare services or supplies for vulnerable
populations.''.
(d) Monitoring Impact.--Section 1115A(a) of the Social Security Act
(42 U.S.C. 1315a(a)), as amended by subsections (a) and (b), is further
amended by adding at the end the following new paragraph:
``(9) Monitoring impact.--Not later than 60 days after the
enactment of the Strengthening Innovation in Medicare and
Medicaid Act, the Secretary shall develop and implement a plan
to--
``(A) monitor continuously and on a real-time basis
the effect of a model under subsection (b) on
applicable individuals, and mitigate any adverse
impact, such as inappropriate reductions in care or
reduced access to care;
``(B) assess and track the impact of delivery and
payment models on health disparities, using existing
measures such as, but not limited to, the National
Quality Forum Healthcare Disparities and Cultural
Competency Measures; and
``(C) mitigate any adverse impact that the
Secretary determines could affect beneficiary
health.''.
SEC. 4. IMPLEMENTATION OF TESTING AND EXPANSION OF MODELS WITH
CONGRESSIONAL INACTION.
Section 1115A(d) of the Social Security Act (42 U.S.C. 1315a(d)) is
amended by adding at the end the following new paragraph:
``(4) Implementation of testing and expansion of models
with congressional inaction.--
``(A) The Secretary shall transmit a proposal for
the testing, expansion, or modification of a model
under subsections (b) and (c), including a proposed
effective date and a summary of the determinations and
certification made under paragraphs (1) through (3) of
subsection (c), if applicable, to the Committee on Ways
and Means and the Committee on Energy and Commerce of
the House of Representatives and to the Committee on
Finance and the Committee on Health, Education, Labor,
and Pensions of the Senate.
``(B) The testing, expansion, or modification of a
model proposed in a report submitted under subparagraph
(A) shall be carried out by the Secretary if Congress
does not, within 45 days of receiving such report, pass
a joint resolution disapproving of the proposed testing
or expansion in accordance with the following
procedure:
``(i) The succeeding subparagraphs of this
paragraph are enacted by Congress as an
exercise of the rulemaking power of the Senate
and the House of Representatives, respectively,
and as such they shall be deemed a part of the
rules of each House, respectively, but
applicable only with the respect to the
procedure to be followed in that House in the
case of resolutions described in subparagraph
(B). They shall supersede other rules only to
the extent that they are inconsistent
therewith. They are enacted with full
recognition of the constitutional right of
either House to change the rules (so far as
relating to the procedure of that House) at any
time, in the same manner and to the same extent
as in the case of any ruse of that House.
``(ii) For the purpose of the succeeding
paragraphs of this subsection, `resolution'
means only a joint resolution, the matter after
the resolving clause of which is as follows:
`That Congress disapproves the model expansion
requested pursuant to section 1115A(c) of the
Social Security Act transmitted by the
Secretary on _____, and such an expansion shall
not proceed.', the blank space therein being
filled with the date on which the Secretary's
message proposing such expansion was delivered.
``(iii) Upon receipt of a report submitted
to Congress under subparagraph (c)(4), each
House shall provide copies of the report to the
chairman and ranking member of the Committee on
Ways and Means and the Committee on Energy and
Commerce of the House of Representatives and to
the Committee on Finance and the Committee on
Health, Education, Labor, and Pensions of the
Senate.
``(iv) A resolution shall be referred to
the Committee on Ways and Means and the
Committee on Energy and Commerce of the House
of Representatives and to the Committee on
Finance and the Committee on Health, Education,
Labor, and Pensions of the Senate.
``(v) If a committee to which has been
referred a resolution has not reported it
before the expiration of 10 legislative days
after its introduction, it shall then (but not
before) be in order to move to discharge the
committee from further consideration of that
resolution, or to discharge the committee from
further consideration of any other resolution
with respect to the proposed expansion which
has been referred to the committee. The motion
to discharge may be made only by a person
favoring the resolution, shall be highly
privileged (except that it may not be made
after the committee has reported a resolution
with respect to the same proposed expansion),
and debate thereon shall be limited to not more
than 1 hour, to be divided equally between
those favoring and those opposing the
resolution. An amendment to the motion is not
in order, and it is not in order to move to
reconsider the vote by which the motion is
agreed to or disagreed to. If the motion to
discharge is agreed to or disagreed to, the
motion may not be renewed, nor may another
motion to discharge the committee be made with
respect to any other resolution with respect to
the same proposed expansion.
``(vi) When the committee has reported, or
has been discharged from further consideration
of a resolution, it is at any time thereafter
in order (even though a previous motion to the
same effect has been disagreed to) to move to
proceed to the consideration of the resolution.
The motion is highly privileged and is not
debatable. An amendment to the motion is not in
order, and it is not in order to move to
reconsider the vote by which the motion is
agreed to or disagreed to. Debate on the
resolution shall be limited to not more than 2
hours, which shall be divided equally between
those favoring and those opposing the
resolution. A motion further to limit debate is
not debatable. An amendment to, or motion to
recommit, the resolution is not in order, and
it is not in order to move to reconsider the
vote by which the resolution is agreed to or
disagreed to.
``(vii) Motions to postpone, made with
respect to the discharge from committee, or the
consideration of, a resolution and motions to
proceed to the consideration of other business
shall be decided without debate. Appeals from
the decision of the Chair relating to the
application of the rules of the Senate or the
House of Representatives, as the case may be,
to the procedure relating to a resolution shall
be decided without debate.
``(viii) Coordination with action by the
other house.--If, before the passage by one
House of a joint resolution of that House, that
House receives from the other House a joint
resolution, then the following procedures shall
apply:
``(I) The joint resolution of the
other House shall not be referred to a
committee.
``(II) With respect to a joint
resolution of the House receiving the
resolution, the procedure in that House
shall be the same as if no joint
resolution had been received from the
other House; but the vote on passage
shall be on the joint resolution of the
other House.
``(ix) If one House fails to introduce or
consider a joint resolution under this section,
the joint resolution of the other House shall
be entitled to expedited floor procedures under
this section.
``(x) If, following passage of the joint
resolution in the Senate, the Senate then
receives the companion measure from the House
of Representatives, the companion measure shall
not be debatable.
``(xi) If Congress passes a joint
resolution, the period beginning on the date
the President is presented with the joint
resolution and ending on the date the President
takes action with respect to the joint
resolution shall be disregarded in computing
the 45-calendar day period described in
subsection (c)(4).
``(xii) If the President vetoes the joint
resolution--
``(I) the period beginning on the
date the President vetoes the joint
resolution and ending on the date the
Congress receives the veto message with
respect to the joint resolution shall
be disregarded in computing the 45-
calendar day period described in
subsection (c)(4), and
``(II) debate on a veto message in
the Senate under this section shall be
1 hour equally divided between the
majority and minority leaders or their
designees.''.
SEC. 5. PUBLIC INPUT.
Section 115A(d) of the Social Security Act (42 U.S.C. 1315a(d)) is
amended by Section 3, is further amended by adding at the end of the
following new paragraphs:
``(5) Public input.--The Secretary shall use a process
involving advance public notice and an opportunity for
stakeholder input and public comments to ensure transparency
and accountability regarding the establishment, testing,
implementation, evaluation, and expansion of a model under
section 1115A(b) and (c). Such public notice shall describe and
define the standards, criteria, and processes that the
Secretary will use for selecting and evaluating--
``(A) during initial stages of model development;
``(B) prior to testing under subsection (b)(1);
``(C) prior to modification of non-contractual
models under subsection (b)(3)(B); and
``(D) following evaluation of a model under
subsection (b)(4) and prior to rulemaking under
subsection (c).
Such notice shall explain the basis for the Secretary's
determination that the conditions set forth in section 115A(c)
of the Social Security Act (42 U.S.C. 1315a(c)) have been met.
Additionally, the notice shall explain the basis for selection
and the standards established by the Secretary under the
regulations issued under paragraph (1), and any additional
factors that will be used to test the model's impact on quality
of care, patient-centeredness, and innovation. The notice shall
provide a minimum 45-day period for public comment. The
Secretary shall take stakeholder comments into consideration
when determining whether or how to refine the model or whether
to proceed with testing under subsection (b)(1).
``(6) Consultation.--In carrying out the duties under this
subsection, the CMI shall consult representatives of relevant
Federal agencies, and clinical and analytical experts with
expertise in medicine and health care management, specifically
such experts with expertise in--
``(A) the health care needs of minority, rural and
underserved populations; and
``(B) the financial needs of safety net, community-
based, rural, and critical access providers, including
federally qualified health centers.
The CMI shall use open door forums or other mechanisms to seek
external feedback from interested parties and incorporate that
feedback into the development of models.''.
SEC. 6. REESTABLISHING JUDICIAL REVIEW.
Section 1115A(g) of the Social Security Act (42 U.S.C. 1315a(g)) is
amended--
(1) in the matter preceding subparagraph (A) by inserting
after ``or otherwise'' the following: ``(except as may be
necessary to enforce requirements of this section or other laws
or constitutional provisions intended to protect beneficiaries
of affected programs)'';
(2) by striking subparagraph (C);
(3) in subparagraph (D), by adding at the end ``; and'';
(4) by redesignating subparagraph (D) as subparagraph (C);
(5) in subparagraph (E), at the end, by striking ``; and'';
(6) by redesignating subparagraph (E) as subparagraph (D);
and
(7) by striking subparagraph (F).
SEC. 7. REVISION OF REPORTING REQUIREMENT.
Section 1115A(g) of the Social Security Act (42 U.S.C. 1315a(g)) is
amended--
(1) by striking ``and not less than once every other year
thereafter'' and inserting ``and, for years before 2020, not
less than once biennially (and, for years beginning with 2020,
not less than annually) thereafter''; and
(2) by adding at the end the following new sentence: ``With
respect to 2020 and each subsequent year, the Secretary shall
submit each such report by not later than December 15 of such
year.''.
SEC. 8. ADDRESSING OVERLAP IN VALUE-BASED CARE PROGRAMS.
(a) In General.--
(1) CMI.--Section 1115A(a)(5) of the Social Security Act
(42 U.S.C. 1315a(a)(5)) is amended by adding at the end the
following new sentence: ``In establishing such limits, the
Secretary shall take into account payment and service delivery
models in progress in such geographic areas.''.
(2) Repeal of medicare duplication prohibition.--Section
1899(b) of the Social Security Act (42 U.S.C. 1395jjj(b)) is
amended by striking paragraph (4)(A).
(b) Report.--Not later than 60 days after the date of the enactment
of this Act, the Secretary of Health and Human Services shall conduct
an assessment and submit to Congress a report on alternative payment
model overlap under the Medicare program under title XVIII of the
Social Security Act. Such report shall include a description of and
recommendations relating to--
(1) appropriate participation in multiple alternative
payment models for health care providers;
(2) feasibility of adequate evaluation of alternative
payment models if participants are participating in multiple
arrangements; and
(3) obstacles created by competing incentives with respect
to alternative payment models.
SEC. 9. MODEL ELIGIBILITY AND QUALITY OF CARE.
(a) Clarification of Model Eligibility.--Section 1115A of the
Social Security Act (42 U.S.C. 1315a) is amended--
(1) by striking ``also'' before ``improve''; and
(2) in subsection (b)(2)(A), by inserting after the second
sentence the following new sentence:
``The Secretary may also focus on models solely aimed at
implementing practices to demonstrate ways to significantly improve the
care, patient safety, and health outcomes of individuals receiving
benefits under the applicable title in anticipation that quality of
care benefits and potential direct or indirect savings will over time
accrue to the Medicare or Medicaid program.''.
(b) Additional Opportunity.--Section 1115A(b)(2)(B) of the Social
Security Act (42 U.S.C. 1315a(b)(2)(B)) is amended by adding at the end
the following new clause:
``(xxviii) Implementing newly recognized
and evidence-based, professionally supported
care delivery practices and bundles to improve
the efficient and effective delivery of
hospital-based care and lead to enhanced
patient outcomes, reductions in readmissions,
or avoidance of costly medical errors or
complications.''.
(c) Inclusion of Indirect Savings.--Section 1115A(b)(3)(A) of the
Social Security Act (42 U.S.C. 1315a(b)(3)(A)) is amended by inserting
at the end ``or that savings cannot be made indirectly over time when
testing quality of care delivery models.''.
(d) Evaluating Quality of Care.--Section 1115A(b)(4) of the Social
Security Act (42 U.S.C. 1315a(b)(4)) is amended--
(1) in subparagraph (A), by amending clause (i) to read as
follows:
``(i) the quality of care furnished under
the model, including the measurement of
patient-level outcomes, patient-centeredness,
and any unintended consequences, such as access
to services, using criteria determined
appropriate by the Secretary for each model;
and''; and
(2) in subparagraph (C), by striking ``and'' before
``patient-centered care'' and inserting ``, are appropriate to
issues of quality outcomes related to the medical conditions
under study, and are''.
SEC. 10. GAO REPORT.
Not later than 12 months after the date of enactment of this Act,
the Comptroller General of the United States shall submit to Congress a
report on the efforts of the Center for Medicare and Medicaid
Innovation to attract, retain, and develop emerging experts, including
underrepresented individuals in medicine, such as women, racial and
ethnic minorities, and other groups. Such report shall include an
analysis of the role minority staff play in model development and
operational decisions on an ongoing bases and of the impact of the
existing authority provided to the Center for Medicare and Medicaid
Innovation to address workforce shortages and gaps in priority areas.
SEC. 11. EFFECTIVE DATE.
Except as otherwise provided in the previous sections of this Act
(or the amendments made by such sections), such amendments shall apply
with respect to the testing, expansion, or modification of models on or
after January 1, 2022.
<all> | Strengthening Innovation in Medicare and Medicaid Act | To amend title XI of the Social Security Act to clarify parameters for model testing and add accountability to model expansion under the Center for Medicare and Medicaid Innovation, and for other purposes. | Strengthening Innovation in Medicare and Medicaid Act | Rep. Smith, Adrian | R | NE |
1,179 | 12,910 | H.R.5788 | Crime and Law Enforcement | Supporting Every at-Risk Veteran In Critical Emergencies Act of 2021 or the SERVICE Act of 2021
This bill authorizes the Office of Community Oriented Policing Services within the Department of Justice to make grants to support the creation and operation of veterans' response teams in state, local, and tribal law enforcement agencies. | To authorize the Attorney General to make grants for the creation and
operation of veterans response teams within law enforcement agencies,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Supporting Every at-Risk Veteran In
Critical Emergencies Act of 2021'' or the ``SERVICE Act of 2021''.
SEC. 2. VETERAN RESPONSE TEAM PILOT PROGRAM.
(a) Grant Authorization.--The Attorney General, acting through the
Director of the Office of Community Oriented Policing Services, is
authorized to operate a pilot program to make grants to States, units
of local government, and Indian Tribal governments, to support the
creation and operation of veterans response teams in the law
enforcement agencies of the jurisdiction, in accordance with subsection
(b).
(b) Grants To Develop Veterans Response Teams.--
(1) Activities of a veterans response team.--A veterans
response team may include a program that does the following:
(A) Provides law enforcement officers who are
veterans with a pin that identifies the department of
the Armed Forces in which the officer served, which the
officer may wear while on duty.
(B) Uses the Veterans Re-Entry Search Service of
the Department of Veterans Affairs;
(C) Establishes a system of communication and
information sharing with the Department of Veterans
Affairs and other community resource agencies.
(D) Establishes a working relationship with the
Veterans Justice Outreach specialist.
(E) Establishes a working relationship with the
local justice system and veterans court, if applicable,
including identifying veterans upon entry into the
court system and local detention facility, with
notification to the local Department of Veterans
Affairs office for confirmation and appropriate
services.
(F) Provides training and education for law
enforcement officers on mental health issues related to
military service, such as post-traumatic stress
disorder, traumatic brain injury, depression, and
anxiety.
(G) Meets regularly to discuss issues veterans are
facing in the community, as well as suitable responses.
(H) Organizes coordinated and trained teams of
first responders to respond 24 hours per day, and 7
days per week, on a volunteer basis, to calls for
assistance involving a veteran in crisis.
(I) Develops a plan to--
(i) measure the success of veteran response
teams; and
(ii) track nationwide best practices on how
veterans response teams provide law enforcement
officers with essential information during and
following veteran-involved incidents to which
veterans response teams respond.
(J) Offers veterans who have come into contact with
the veterans response team the opportunity to maintain
ongoing contact with the veterans response team.
(2) Creation, hiring, and training of veterans response
team.--The creation of a veterans response team within a law
enforcement agency pursuant to a grant under this section may
include doing the following:
(A) Identifying a law enforcement officer in the
law enforcement agency who is passionate about and
committed to forming a veterans response team, and will
serve as the leader of such team.
(B) Identifying other law enforcement officers in
the law enforcement agency who are interested and
willing to participate on the veterans response team.
(C) Identifying and inviting interested community
members to join the veterans response team, which may
include members of veteran resource organizations, the
local office of the Department of Veterans Affairs, the
regional veterans justice outreach program, other law
enforcement agencies, fire and emergency medical
services departments, hospitals, social work agencies,
other entities within the justice system, nonprofit
organizations, and other appropriate entities.
(D) Immersing veterans response team members in the
veteran community by attending veterans events,
responding to incidents involving veterans, as
described in paragraph (1)(I), and making public
appearances to further engage with veterans.
(E) Providing training on veterans experiencing
crisis for individuals involved with the veterans
response team, and for other law enforcement officers
who are likely to come in contact with veterans.
(c) Funding.--There is authorized to be appropriated $5,000,000 to
carry out this section for each of fiscal years 2022 through 2026.
(d) Termination.--The authority under this section shall terminate
on the date that is 5 years after the date of the enactment of this
section.
(e) Reporting.--The Attorney General shall provide a report to
Congress on the progress of the pilot program that includes the
following:
(1) The number of applicants.
(2) The number of grants awarded.
(3) The average grant amount sought by an applicant.
(4) The average amount of a grant awarded.
(5) Any other information that the Attorney General
determines to be appropriate.
<all> | SERVICE Act of 2021 | To authorize the Attorney General to make grants for the creation and operation of veterans response teams within law enforcement agencies, and for other purposes. | SERVICE Act of 2021
Supporting Every at-Risk Veteran In Critical Emergencies Act of 2021 | Rep. Salazar, Maria Elvira | R | FL |
1,180 | 14,794 | H.R.8528 | Government Operations and Politics | American Confidence in Elections Act or the ACE Act
This bill addresses election administration and security, campaign finance, and other related provisions.
Among other provisions, the bill | To promote election integrity, voter confidence, and faith in elections
by removing Federal impediments to, providing State tools for, and
establishing voluntary considerations to support effective State
administration of Federal elections, improving election administration
in the District of Columbia, improving the effectiveness of military
voting programs, and protecting political speech, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Confidence in Elections
Act'' or the ``ACE Act''.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. General findings.
TITLE I--ELECTION ADMINISTRATION INTEGRITY
Subtitle A--Findings Relating to Election Administration
Sec. 101. Findings relating to election administration.
Subtitle B--Voluntary Considerations for State Administration of
Federal Elections
Sec. 111. Short title.
Sec. 112. Election integrity voluntary considerations.
Subtitle C--Requirements to Promote Integrity in Election
Administration
Sec. 121. Ensuring only eligible American citizens may participate in
Federal elections.
Sec. 122. State reporting requirements with respect to voter list
maintenance.
Sec. 123. Contents of State mail voter registration form.
Sec. 124. Provision of photographic citizen voter identification tools
for State use.
Sec. 125. Mandatory provision of identification for certain voters not
voting in person.
Sec. 126. Confirming access for Congressional election observers.
Sec. 127. Use of requirements payments for post-election audits.
Sec. 128. Certain tax benefits and simplification with respect to
election workers.
Sec. 129. Voluntary guidelines with respect to nonvoting election
technology.
Sec. 130. Status reports by National Institute of Standards and
Technology.
Sec. 131. 501(c)(3) organizations prohibited from providing direct or
indirect funding for election
administration.
Sec. 132. Requirements with respect to election mail.
Sec. 133. Clarification of right of State to appeal decisions through
duly authorized representative.
Sec. 134. Clarification of Federal agency involvement in voter
registration activities.
Sec. 135. Prohibition on use of Federal funds for election
administration in States that permit ballot
harvesting.
Sec. 136. Clarification with respect to Federal election record-keeping
requirement.
Sec. 137. Clarification of rules with respect to hiring of election
workers.
Sec. 138. United States Postal Service coordination with States to
ensure mailing addresses.
Sec. 139. State defined.
Subtitle D--District of Columbia Election Integrity and Voter
Confidence
Sec. 141. Short title.
Sec. 142. Requirements for elections in District of Columbia.
Sec. 143. Effective date.
Subtitle E--Administration of the Election Assistance Commission
Sec. 151. Short title.
Sec. 152. Findings relating to the administration of the Election
Assistance Commission.
Sec. 153. Requirements with respect to staff and funding of the
Election Assistance Commission.
Sec. 154. Exclusive authority of Election Assistance Commission to make
election administration payments to States.
Sec. 155. Executive Board of the Standards Board authority to enter
into contracts.
Sec. 156. Election Assistance Commission primary role in election
administration.
Subtitle F--Prohibition on Involvement in Elections by Foreign
Nationals
Sec. 161. Prohibition on contributions and donations by foreign
nationals in connection with ballot
initiatives and referenda.
Subtitle G--Constitutional Experts Panel With Respect to Presidential
Elections
Sec. 171. Short title.
Sec. 172. Establishment of panel of constitutional experts.
TITLE II--MILITARY VOTING ADMINISTRATION
Subtitle A--Findings Relating to Military Voting
Sec. 201. Findings relating to military voting.
Subtitle B--GAO Analysis on Military Voting Access
Sec. 211. GAO analysis and report on effectiveness of Federal
Government in meeting obligations to
promote voting access for absent uniformed
services voters.
TITLE III--PROTECTION OF POLITICAL SPEECH AND CAMPAIGN FINANCE REFORM
Subtitle A--Protecting Political Speech
Sec. 301. Findings.
Sec. 302. Repeal of limits on coordinated political party expenditures.
Sec. 303. Repeal of limit on aggregate contributions by individuals.
Sec. 304. Equalization of contribution limits to State and national
political party committees.
Sec. 305. Expansion of permissible Federal election activity by State
and local political parties.
Sec. 306. Participation in joint fundraising activities by multiple
political committees.
Sec. 307. Protecting privacy of donors to tax-exempt organizations.
Sec. 308. Reporting requirements for tax-exempt organizations.
Sec. 309. Maintenance of standards for determining eligibility of
section 501(c)(4) organizations.
Sec. 310. Increased funding for the 10-Year Pediatric Research
Initiative Fund.
Subtitle B--Prohibition on Use of Federal Funds for Congressional
Campaigns
Sec. 311. Prohibiting use of Federal funds for payments in support of
congressional campaigns.
Subtitle C--Registration and Reporting Requirements
Sec. 321. Reporting requirements with respect to electioneering
communications.
Sec. 322. Increased qualifying threshold and establishing purpose for
political committees.
Sec. 323. Increased threshold with respect to independent expenditure
reporting requirement.
Sec. 324. Increased qualifying threshold with respect to candidates.
Sec. 325. Repeal requirement of persons making independent expenditures
to report identification of certain donors.
Subtitle D--Exclusion of Certain Amounts From Treatment as
Contributions or Expenditures
Sec. 331. Increased threshold for exemption of certain amounts as
contributions.
Sec. 332. Exemption of uncompensated internet communications from
treatment as contribution or expenditure.
Sec. 333. Media exemption.
Subtitle E--Prohibition on Issuance of Regulations on Political
Contributions
Sec. 341. Prohibition on issuance of regulations on political
contributions.
Subtitle F--Miscellaneous Provisions
Sec. 351. Permanent extension of fines for qualified disclosure
requirement violations.
Sec. 352. Political committee disbursement requirements.
Sec. 353. Designation of individual authorized to make campaign
committee disbursements in event of death
of candidate.
Sec. 354. Prohibition on contributions in name of another.
Sec. 355. Unanimous consent of Commission members required for
Commission to refuse to defend actions
brought against Commission.
Sec. 356. Federal Election Commission member pay.
Sec. 357. Uniform statute of limitations for proceedings to enforce
Federal Election Campaign Act of 1971.
Sec. 358. Deadline for promulgation of proposed regulations.
TITLE IV--ELECTION SECURITY
Subtitle A--Promoting Election Security
Sec. 401. Short title.
Sec. 402. Reports to Congress on foreign threats to elections.
Sec. 403. Rule of construction.
Subtitle B--Cybersecurity for Election Systems
Sec. 411. Cybersecurity advisories relating to election systems.
Sec. 412. Process to test for and monitor cybersecurity vulnerabilities
in election equipment.
Sec. 413. Duty of Secretary of Homeland Security to notify State and
local officials of election cybersecurity
incidents.
TITLE V--SENSE OF CONGRESS WITH RESPECT TO ROLE OF STATES IN
CONGRESSIONAL REDISTRICTING
Sec. 501. Sense of Congress with respect to role of States in
congressional redistricting.
TITLE VI--DISINFORMATION GOVERNANCE BOARD
Sec. 601. Termination of the Disinformation Governance Board.
Sec. 602. Prohibition on funding the activities of the Disinformation
Governance Board.
TITLE VII--SEVERABILITY
Sec. 701. Severability.
SEC. 3. GENERAL FINDINGS.
Congress finds the following:
(1) According to Article 1, Section 4 of the Constitution
of the United States, the States have the primary role in
establishing ``(t)he Times, Places and Manners of holding
Elections for Senators and Representatives'', while Congress
has a purely secondary role in this space and must restrain
itself from acting improperly and unconstitutionally.
(2) Federal election legislation should never be the first
step and must never impose burdensome, unfunded Federal
mandates on State and local elections officials. When Congress
does speak, it must devote its efforts only to resolving highly
significant and substantial deficiencies to ensure the
integrity of our elections. State legislatures are the primary
venues to establish rules for governing elections and correct
most issues.
(3) All eligible voters who wish to participate must have
the opportunity to vote, and all lawful votes must be counted.
(4) States must balance appropriate election administration
structures and systems with accessible access to the ballot
box.
(5) Political speech is protected speech.
(6) The First Amendment protects the right of all Americans
to state their political views and donate money to the
candidates, causes, and organizations of their choice without
fear of retribution.
(7) Redistricting decisions are best made at the State
level.
(8) States must maintain the flexibility to determine the
best redistricting processes for the particular needs of their
citizens.
(9) Congress has independent authority under the
Fourteenth, Fifteenth, Nineteenth, Twenty-Fourth, and Twenty-
Sixth Amendments to ensure elections are conducted without
unlawful discrimination.
(10) The Voting Rights Act, which is not anchored in
Article 1, Section 4 of the Constitution, has seen much success
since its first passage in 1965, and Congress should continue
to exercise its constitutional authority in this space as
appropriate.
TITLE I--ELECTION ADMINISTRATION INTEGRITY
Subtitle A--Findings Relating to Election Administration
SEC. 101. FINDINGS RELATING TO ELECTION ADMINISTRATION.
(a) Sense of Congress.--It is the sense of Congress that
constitutional scholar Robert Natelson has done invaluable work with
respect to the history and understanding of the Elections Clause.
(b) Findings.--Congress finds the following:
(1) The Constitution reserves to the States the primary
authority to set election legislation and administer
elections--the ``times, places, and manner of holding of
elections''--and Congress' power in this space is purely
secondary to the States' power and is to be employed only in
the direst of circumstances. History, precedent, the Framers'
words, debates concerning ratification, the Supreme Court, and
the Constitution itself make it exceedingly clear that
Congress' power over elections is not unfettered.
(2) The Framing Generation grappled with the failure of the
Articles of Confederation, which provided for only a weak
national government incapable of preserving the Union. Under
the Articles, the States had exclusive authority over Federal
elections held within their territory; but, given the
difficulties the national government had experienced with State
cooperation (e.g., the failure of Rhode Island to send
delegates to the Confederation Congress), the Federalists,
including Alexander Hamilton, were concerned with the
possibility that the States, in an effort to destroy the
Federal Government, simply might not hold elections or that an
emergency, such as an invasion or insurrection, might prevent
the operation of a State's government, leaving the Congress
without Members and the Federal Government unable to respond.
(3) Quite plainly, Alexander Hamilton, a leading Federalist
and proponent of our Constitution, understood the Elections
Clause as serving only as a sort of emergency fail-safe, not as
a cudgel used to nationalize our elections process. Writing as
Publius to the people of New York, Hamilton further expounds on
the correct understanding of the Elections Clause: ``T[he]
natural order of the subject leads us to consider, in this
place, that provision of the Constitution which authorizes the
national legislature to regulate, in the last resort, the
election of its own members.''. Alexander Hamilton (writing as
Publius), Federalist no. 59, Concerning the Power of Congress
to Regulate the Election of Members, N.Y. PACKET (Fri., Feb.
22, 1788).
(4) When questioned at the States' constitutional ratifying
conventions with respect to this provision, the Federalists
confirmed this understanding of a constitutionally limited,
secondary congressional power under Article 1, Section 4.
(``[C]onvention delegate James McHenry added that the risk to
the federal government [without a fail-safe provision] might
not arise from state malice: An insurrection or rebellion might
prevent a state legislature from administering an election.'');
(``An occasion may arise when the exercise of this ultimate
power of Congress may be necessary . . . if a state should be
involved in war, and its legislature could not assemble, (as
was the case of South Carolina and occasionally of some other
states, during the [Revolutionary] war).''); (``Sir, let it be
remembered that this power can only operate in a case of
necessity, after the factious or listless disposition of a
particular state has rendered an interference essential to the
salvation of the general government.''). See Robert G.
Natelson, The Original Scope of the Congressional Power to
Regulate Elections, 13 U. PA. J. CONST. L. 1, 12-13 (Nov.
2010).
(5) John Jay made similar claims in New York. And, as
constitutional scholar Robert Natelson notes in his invaluable
article, The Original Scope of the Congressional Power to
Regulate Elections, ``Alexander Contee Hanson, a member of
Congress whose pamphlet supporting the Constitution proved
popular, stated flatly that Congress would exercise its times,
places, and manner authority only in cases of invasion,
legislative neglect or obstinate refusal to pass election laws
[providing for the election of Members of Congress], or if a
state crafted its election laws with a `sinister purpose' or to
injure the general government.'' Cementing his point, Hanson
goes further to decree, ``The exercise of this power must at
all times be so very invidious, that congress will not venture
upon it without some very cogent and substantial reason.''.
Alexander Contee Hanson (writing as Astrides), Remarks on the
Proposed Plan: 31 January, reprinted in John P. Kaminski,
Gaspare J. Saladino, and Richard Leffler (eds.), 3 Commentaries
on the Constitution, public and private 18 December 1787 to 31
January 1788 522-26 (1984).
(6) In fact, had the alternate view of the Elections Clause
been accepted at the time of the Constitution's drafting--that
is, that it offers Congress unfettered power over Federal
elections-- it is likely that the Constitution would not have
been ratified or that an amendment to this language would have
been required.
(7) Indeed, at least seven of the original 13 States--over
half and enough to prevent the Constitution from being
ratified--expressed specific concerns with the language of the
Elections Clause. See 1 Annals of Cong. 799 (1789), Joseph
Gales (ed.) (1834). However, ``[l]eading Federalists . . .''
assured them ``. . . that, even without amendment, the
[Elections] Clause should be construed as limited to
emergencies''. Three States, New York, North Carolina, and
Rhode Island, specifically made their ratification contingent
on this understanding being made express. Ratification of the
Constitution by the State of New York (July 26, 1788) (``Under
these impressions and declaring that the rights aforesaid
cannot be abridged or violated, and the Explanations aforesaid
are consistent with the said Constitution, And in confidence
that the Amendments which have been proposed to the said
Constitution will receive early and mature Consideration: We
the said Delegates, in the Name and in [sic] the behalf of the
People of the State of New York Do by these presents Assent to
and Ratify the said Constitution. In full Confidence . . . that
the Congress will not make or alter any Regulation in this
State respecting the times places and manner of holding
Elections for Senators or Representatives unless the
Legislature of this State shall neglect or refuse to make laws
or regulations for the purpose, or from any circumstance be
incapable of making the same, and that in those cases such
power will only be exercised until the Legislature of this
State shall make provision in the Premises''); Ratification of
the Constitution by the State of North Carolina (Nov. 21, 1789)
(``That Congress shall not alter, modify, or interfere in the
times, places, or manner of holding elections for senators and
representatives, or either of them, except when the legislature
of any state shall neglect, refuse or be disabled by invasion
or rebellion, to prescribe the same.''); Ratification of the
Constitution by the State of Rhode Island (May 29, 1790)
(``Under these impressions, and declaring, that the rights
aforesaid cannot be abridged or violated, and that the
explanations aforesaid, are consistent with the said
constitution, and in confidence that the amendments hereafter
mentioned, will receive an early and mature consideration, and
conformably to the fifth article of said constitution, speedily
become a part thereof; We the said delegates, in the name, and
in [sic] the behalf of the People, of the State of Rhode-Island
and Providence-Plantations, do by these Presents, assent to,
and ratify the said Constitution. In full confidence . . . That
the Congress will not make or alter any regulation in this
State, respecting the times, places and manner of holding
elections for senators and representatives, unless the
legislature of this state shall neglect, or refuse to make laws
or regulations for the purpose, or from any circumstance be
incapable of making the same; and that [i]n those cases, such
power will only be exercised, until the legislature of this
State shall make provision in the Premises[.]'').
(8) Congress finds that the Framers designed and the
ratifying States understood the Elections Clause to serve
solely as a protective backstop to ensure the preservation of
the Federal Government, not as a font of limitless power for
Congress to wrest control of Federal elections from the States.
(9) This understanding was also reinforced by debate during
the first Congress that convened under the Constitution where
Representative Aedanus Burke proposed a constitutional
amendment to limit the Times, Places and Manner Clause to
emergencies. Although the amendment failed, those on both sides
of the Burke amendment debate already understood the Elections
Clause to limit Federal elections power to emergencies.
(10) History clearly shows that even in the first Congress
that convened under the Constitution, it was acknowledged and
understood through the debates that ensued over the Elections
Clause provision that Congress' control over elections is
limited.
(11) Similarly, proponent Representative Smith of South
Carolina also believed the original text of the Elections
Clause already limited the Federal Government's power over
Federal elections to emergencies and so thought there would be
no harm in supporting an amendment to make that language
express. Annals of Congress 801 (1789) Joseph Gales Edition. A
Century of Lawmaking for a New Nation: U.S. Congressional
Documents and Debates, 1774-1875 (loc.gov). So, even the
records of the First Congress reflect a recognition of the
emergency nature of congressional power over Federal elections.
(12) Similarly, the Supreme Court has supported this
understanding. In Smiley v. Holm, the Court held that Article
1, Section 4 of the Constitution reserved to the States the
primary ``. . . authority to provide a complete code for
congressional elections, not only as to times and places, but
in relation to notices, registration, supervision of voting,
protection of voters, prevention of fraud and corrupt
practices, counting of votes, duties of inspectors and
canvassers, and making and publication of election returns; in
short, to enact the numerous requirements as to procedure and
safeguards which experience shows are necessary in order to
enforce the fundamental right involved. And these requirements
would be nugatory if they did not have appropriate sanctions in
the definition of offenses and punishments. All this is
comprised in the subject of `times, places and manner of
holding elections', and involves lawmaking in its essential
features and most important aspect.''. Smiley v. Holm, 285 U.S.
355, 366 (1932).
(13) This holding is consistent with the understanding of
the Elections Clause since the framing of the Constitution. The
Smiley Court also held that while Congress maintains the
authority to ``. . . supplement these state regulations or [to]
substitute its own[]'', such authority remains merely ``a
general supervisory power over the whole subject.''. Id.
(14) More recently, the Court noted in Arizona v. Inter-
Tribal Council of Ariz., Inc. that ``[t]his grant of
congressional power [that is, the fail-safe provision in the
Elections Clause] was the Framers' insurance against the
possibility that a State would refuse to provide for the
election of representatives to the Federal Congress.''. Arizona
v. Inter-Tribal Council of Arizona, Inc., 570 U.S. 1, 7-9
(2013). The Court explained that the Elections Clause ``. . .
imposes [upon the States] the duty . . . to prescribe the time,
place, and manner of electing Representatives and
Senators[.]''. Id. at 8. And, while, as the Court noted,
``[t]he power of Congress over the `Times, Places, and Manner'
of congressional elections is paramount, and may be exercised
at any time, and to any extent which it deems expedient; and so
far as it is exercised, and no farther, the regulations
effected supersede those of the State which are inconsistent
therewith[]'', id. at 9, the Inter-Tribal Court explained,
quoting extensively from the Federalist no. 59, that it was
clear that the congressional fail-safe included in the
Elections Clause was intended for the sorts of governmental
self-preservation discussed here: ``[E]very government ought to
contain in itself the means of its own preservation[.]'';
``[A]n exclusive power of regulating elections for the national
government, in the hands of the State legislatures, would leave
the existence of the Union entirely at their mercy. They could
at any moment annihilate it by neglecting to provide for the
choice of persons to administer its affairs.''. Id. at 8.
(15) It is clear in every respect that the congressional
fail-safe described in the Elections Clause vests purely
secondary authority over Federal elections in the Federal
legislative branch and that the primary authority rests with
the States. Congressional authority is intended to be, and as a
matter of constitutional fact is, limited to addressing the
worst imaginable issues, such as invasion or other matters that
might lead to a State not electing representatives to
constitute the two Houses of Congress. Congress' authority has
never extended to the day-to-day authority over the ``Times,
Places and Manner of Election'' that the Constitution clearly
reserves to the States.
(16) Congress must act within the bounds of its
constitutional authority when enacting legislation concerning
the administration of our Nation's elections.
Subtitle B--Voluntary Considerations for State Administration of
Federal Elections
SEC. 111. SHORT TITLE.
This subtitle may be cited as the ``Voluntarily Offered Tools for
Election Reforms by States Act'' or the ``VOTERS Act''.
SEC. 112. ELECTION INTEGRITY VOLUNTARY CONSIDERATIONS.
(a) In General.--Subtitle C of title II of the Help America Vote
Act of 2002 (52 U.S.C. 20981 et seq.) is amended--
(1) by redesignating section 247 as section 248; and
(2) by inserting after section 246 the following new
section:
``SEC. 247. RELEASE OF VOLUNTARY CONSIDERATIONS BY STANDARDS BOARD WITH
RESPECT TO ELECTION ADMINISTRATION.
``(a) In General.--The Standards Board shall draw from experiences
in their home jurisdictions and information voluntarily provided by and
between States on what has worked and not worked and release voluntary
considerations with respect to the administration of an election for
Federal office.
``(b) Matters To Consider.--In releasing the voluntary
considerations under subsection (a), the Standards Board shall examine
and consolidate information provided by States and release
considerations with respect to each of the following categories:
``(1) The process for the administration of ballots
delivered by mail, including--
``(A) deadlines for the return and receipt of such
ballots to the appropriate election official;
``(B) the design of such ballots, including the
envelopes used to deliver the ballots;
``(C) the process for requesting and tracking the
return of such ballots; and
``(D) the processing of such ballots upon receipt
by the appropriate election official, including the
schedule for counting the ballots and the reporting of
the unofficial results of such counting.
``(2) The signature verification procedures used to verify
the identity of voters in an election, which shall include an
evaluation of human and machine methods of signature
verification, an assessment of the training provided to
individuals tasked to carry out such verification procedures,
and the proposal of other less subjective methods of confirming
the identity of a voter such as requiring the identification
number of a valid government-issued photo identification or the
last four digits of the voter's social security number to be
provided along with the voter's signature.
``(3) The processes used to carry out maintenance of the
official list of persons registered to vote in each State.
``(4) Rules and requirements with respect to the access
provided to election observers.
``(5) The processes used to ensure the timely and accurate
reporting of the unofficial results of ballot counting in each
polling place in a State and the reporting of the unofficial
results of such counting.
``(6) The methods used to recruit poll workers and
designate the location of polling places during a pandemic,
natural disaster, or other emergency.
``(7) The education of the public with respect to the
certification and testing of voting machines prior to the use
of such machines in an election for Federal office, including
education with respect to how such machines are tested for
accuracy and logic.
``(8) The processes and procedures used to carry out a
post-election audit.
``(9) The processes and procedures used to ensure a secure
chain of custody with respect to ballots and election
equipment.
``(c) Release of Voluntary Considerations.--
``(1) Deadline for release.--Not later than December 31,
2023, the Standards Board shall release voluntary
considerations with respect to each of the categories described
in subsection (b).
``(2) Transmission and notification requirements.--Not
later than 15 days after the date the Standards Board releases
voluntary considerations with respect to a category described
in subsection (b), the Commission shall--
``(A) transmit the considerations to the chief
State election official of each State and the elected
leadership of the legislature of each State, including
the elected leadership of any committee of the
legislature of a State with jurisdiction with respect
to elections;
``(B) make the considerations available on a
publicly accessible Government website; and
``(C) notify and transmit the considerations to the
chair and ranking minority member of the Committee on
House Administration of the House of Representatives
and the chair and ranking minority member of the
Committee on Rules and Administration of the Senate.
``(d) Use of Requirements Payments for Implementation of Voluntary
Considerations.--A State may use a requirements payment provided under
this Act to implement any of the voluntary considerations released
under subsection (a).
``(e) Rule of Construction.--Nothing in this section may be
construed to require compliance with the voluntary considerations
released under subsection (a), including as a condition of the receipt
of Federal funds.''.
(b) Clerical Amendment.--The table of contents of such Act is
amended--
(1) by redesignating the item relating to section 247 as
relating to section 248; and
(2) by inserting after the item relating to section 246 the
following new item:
``Sec. 247. Release of voluntary considerations by Standards Board with
respect to election administration.''.
Subtitle C--Requirements To Promote Integrity in Election
Administration
SEC. 121. ENSURING ONLY ELIGIBLE AMERICAN CITIZENS MAY PARTICIPATE IN
FEDERAL ELECTIONS.
(a) Short Title.--This section may be cited as the ``Non-citizens:
Outlawed from Voting in Our Trusted Elections Act of 2022'' or the ``NO
VOTE for Non-Citizens Act of 2022''.
(b) Findings; Sense of Congress.--
(1) Findings.--Congress finds the following:
(A) Every eligible person who wishes to cast a
ballot in a Federal election must be permitted to do so
according to law, and their ballot must be examined
according to law, and, if it meets all lawful
requirements, counted.
(B) Congress has long required States to maintain
Federal voter registration lists in a manner that
promotes voter confidence.
(C) The changes included herein are not intended to
be an expansion of Federal power but rather a
clarification of State authority.
(D) The Fifteenth Amendment, the Nineteenth
Amendment, the Twenty-Fourth Amendment, and the Twenty-
Sixth Amendment, among other references, make clear
that the Constitution prohibits voting by non-citizens
in Federal elections.
(E) Congress has the constitutional authority,
including under the aforementioned amendments, to pass
statutes preventing non-citizens from voting in Federal
elections, and did so with the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996.
(F) Congress may further exercise its
constitutional authority to ensure the Constitution's
prohibition on non-citizen voting in Federal elections
is upheld.
(G) Since the Constitution prohibits non-citizens
from voting in Federal elections, such ineligible
persons must not be permitted to be placed on Federal
voter registration lists.
(H) Improper placement of an ineligible non-citizen
on a Federal voter registration list leads to--
(i) confusion on the part of the ineligible
person with respect to their ineligibility to
cast a ballot; and
(ii) an increased likelihood that human
error will permit ineligible persons to cast
ballots in Federal elections.
(I) State officials have confirmed that poorly
maintained voter registration lists lead to ineligible
persons casting ballots in Federal elections.
(J) A former Broward County, Florida, elections
supervisor has confirmed that ineligible non-voters
were able to cast ballots in previous elections and
that she was not able to locate as many as 2,040
ballots during the 2018 midterm recount.
(K) This clarification of State authority to
maintain Federal voter registration lists to ensure
non-citizens are not included on such lists will
promote voter confidence in election processes and
outcomes.
(L) Congress has the authority to ensure that no
Federal elections funding is used to support States
that permit non-citizens to cast ballots in any
election.
(M) Federal courts and executive agencies have much
of the information States may need to maintain their
Federal voter registration lists, and those entities
should make that information accessible to State
election authorities.
(N) It is important to clarify the penalty for any
violation of law that allows a non-citizen to cast a
ballot in a Federal election.
(O) To protect the confidence of voters in Federal
elections, it is important to implement the policy
described herein.
(2) Sense of congress.--It is the sense of Congress that--
(A) many States have not adequately met the
requirements concerning the removal of ineligible
persons from State voter registration rolls pursuant to
section 8 of the National Voter Registration Act of
1993 (52 U.S.C. 20507) and should strive to audit and
update their voter registration rolls on a routine
basis;
(B) allowing non-citizens to cast ballots in
American elections weakens our electoral system and the
value of citizenship and sows distrust in our elections
system;
(C) even if a State has the sovereign authority, no
State should permit non-citizens to cast ballots in
State or local elections;
(D) States should use all information available to
them to maintain Federal voter registration lists and
should inform Congress if such data is insufficient;
and
(E) Congress may take further action in the future
to address this problem.
(c) Clarifying Authority of States To Remove Non-Citizens From
Voting Rolls.--
(1) Authority under regular removal programs.--Section
8(a)(4) of the National Voter Registration Act of 1993 (52
U.S.C. 20507(a)(4)) is amended--
(A) by striking ``or'' at the end of subparagraph
(A);
(B) by redesignating subparagraph (B) as
subparagraph (C); and
(C) by inserting after subparagraph (A) the
following new subparagraph:
``(B) the registrant's status as a noncitizen of
the United States; or''.
(2) Conforming amendment relating to ongoing removal.--
Section 8(c)(2)(B)(i) of such Act (52 U.S.C. 20507(c)(2)(B)(i))
is amended by striking ``(4)(A)'' and inserting ``(4)(A) or
(B)''.
(d) Requirement To Maintain Separate State Voter Registration List
for Non-Citizens.--Section 8(a) of the National Voter Registration Act
of 1993 (52 U.S.C. 20507(a)) is amended--
(1) in paragraph (5)(B), 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 new paragraph:
``(7) in the case of a State that allows individuals who
are not citizens of the United States to vote in elections for
public office in the State or any local jurisdiction of the
State, ensure that the name of any registrant who is not a
citizen of the United States is maintained on a voter
registration list that is separate from the official list of
eligible voters with respect to registrants who are citizens of
the United States.''.
(e) Requirements for Ballots for State or Local Jurisdictions That
Allow Non-Citizen Voting.--Section 301(a)(1) of the Help America Vote
Act of 2002 (52 U.S.C. 21081(a)(1)) is amended by adding at the end the
following new subparagraph:
``(D) In the case of a State or local jurisdiction
that allows individuals who are not citizens of the
United States to vote in elections for public office in
the State or local jurisdiction, the ballot used for
the casting of votes by a noncitizen in such State or
local jurisdiction may only include the candidates for
the elections for public office in the State or local
jurisdiction for which the noncitizen is permitted to
vote.''.
(f) Reduction in Payments for Election Administration to States or
Local Jurisdictions That Allow Non-Citizen Voting.--
(1) In general.--Title IX of the Help America Vote Act of
2002 (52 U.S.C. 21141 et seq.) is amended by adding at the end
the following new section:
``SEC. 907. REDUCTION IN PAYMENTS TO STATES OR LOCAL JURISDICTIONS THAT
ALLOW NONCITIZEN VOTING.
``(a) In General.--Notwithstanding any other provision of this Act,
the amount of a payment under this Act to any State or local
jurisdiction that allows individuals who are not citizens of the United
States to vote in elections for public office in the State or local
jurisdiction shall be reduced by 30 percent.
``(b) Prohibition on Use of Funds for Certain Election
Administration Activities.--Notwithstanding any other provision of law,
no Federal funds may be used to implement the requirements of section
8(a)(7) of the National Voter Registration Act of 1993 (52 U.S.C.
20507(a)(7)) (as added by section 121(d) of the American Confidence in
Elections Act) or section 301(a)(1)(D) of the Help America Vote Act of
2002 (52 U.S.C. 21081(a)(1)(D)) (as added by section 121(e) of the
American Confidence in Elections Act) in a State or local jurisdiction
that allows individuals who are not citizens of the United States to
vote in elections for public office in the State or local
jurisdiction.''.
(2) Clerical amendment.--The table of contents of such Act
is amended by adding at the end the following new item:
``Sec. 907. Reduction in payments to States or local jurisdictions that
allow noncitizen voting.''.
(g) Promoting Provision of Information by Federal Entities.--
(1) In general.--Each entity of the Federal Government
which maintains information which is relevant to the status of
an individual as a registered voter in elections for Federal
office in a State shall, upon the request of an election
official of the State, provide that information to the election
official.
(2) Policies and procedures.--Consistent with section
3506(g) of title 44, United States Code, an entity of the
Federal Government shall carry out this subsection in
accordance with policies and procedures which will ensure that
the information is provided securely, accurately, and in a
timely basis.
(3) Conforming amendment relating to coverage under privacy
act.--Section 552a(b) of title 5, United States Code, is
amended--
(A) by striking ``or'' at the end of paragraph
(11);
(B) by striking the period at the end of paragraph
(12) and inserting ``; or''; and
(C) by adding at the end the following new
paragraph:
``(13) to an election official of a State in accordance
with section 121(h) of the American Confidence in Elections
Act.''.
(h) Ensuring Provision of Information to State Election Officials
on Individuals Recused From Jury Service on Grounds of Non-
Citizenship.--
(1) Requirement described.--If a United States district
court recuses an individual from serving on a jury on the
grounds that the individual is not a citizen of the United
States, the court shall transmit a notice of the individual's
recusal--
(A) to the chief State election official of the
State in which the individual resides; and
(B) to the Attorney General.
(2) Definitions.--For purposes of this subsection--
(A) the ``chief State election official'' of a
State is the individual designated by the State under
section 10 of the National Voter Registration Act of
1993 (52 U.S.C. 20509) to be responsible for
coordination of the State's responsibilities under such
Act; and
(B) the term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of
Puerto Rico, American Samoa, Guam, the United States
Virgin Islands, and the Commonwealth of the Northern
Mariana Islands.
(i) Prohibition on Voting by Non-Citizens in Federal Elections.--
(1) In general.--Section 12 of the National Voter
Registration Act of 1993 (52 U.S.C. 20511) is amended--
(A) by striking ``A person'' and inserting ``(a) In
General.--A person''; and
(B) by adding at the end the following new
subsection:
``(b) Prohibition on Voting by Aliens.--
``(1) In general.--It shall be unlawful for any alien to
vote in any election in violation of section 611 of title 18,
United States Code.
``(2) Penalties.--Any person who violates this subsection
shall be fined under title 18, United States Code, imprisoned
not more than one year, or both.''.
(2) Effective date.--This subsection and the amendments
made by this subsection shall apply with respect to elections
held on or after the date of the enactment of this Act.
SEC. 122. STATE REPORTING REQUIREMENTS WITH RESPECT TO VOTER LIST
MAINTENANCE.
Section 8 of the National Voter Registration Act of 1993 (52 U.S.C.
20507) is amended--
(1) in subsection (i), by adding at the end the following:
``(3) The records maintained pursuant to paragraph (1) shall
include lists of the names and addresses of all registrants in a State
who were inactive according to the criteria described in subsection
(d)(1)(B) and the length of time each such registrant has been inactive
according to such criteria.'';
(2) by redesignating subsection (j) as subsection (k); and
(3) by inserting after subsection (i) the following new
subsection:
``(j) Reporting Requirements.--Not later than June 30 of each odd-
numbered year, each State shall submit to the Election Assistance
Commission a report that includes, with respect to such State during
the preceding 2-year period, the total number of--
``(1) registrants who were inactive according to the
criteria described in subsection (d)(1)(B) and the length of
time each such registrant has been inactive according to such
criteria;
``(2) registrants who voted in at least one of the prior 2
consecutive general elections for Federal office;
``(3) registrants removed from the list of official voters
in the State pursuant to subsection (d)(1)(B);
``(4) notices sent to registrants pursuant to subsection
(d)(2); and
``(5) registrants who received a notice described in
paragraph (4) who responded to such notice.''.
SEC. 123. CONTENTS OF STATE MAIL VOTER REGISTRATION FORM.
(a) Short Title.--This section may be cited as the ``State
Instruction Inclusion Act''.
(b) In General.--Section 6(a) of the National Voter Registration
Act of 1993 (52 U.S.C. 20505(a)) is amended--
(1) in paragraph (1), by inserting ``, except that a State
may, in addition to the criteria stated in section 9(b),
require that an applicant provide proof that the applicant is a
citizen of the United States'' after ``elections for Federal
office''; and
(2) in paragraph (2), by inserting ``and such form may
include a requirement that the applicant provide proof that the
applicant is a citizen of the United States'' after ``elections
for Federal office''.
SEC. 124. PROVISION OF PHOTOGRAPHIC CITIZEN VOTER IDENTIFICATION TOOLS
FOR STATE USE.
(a) Short Title.--This section may be cited as the ``Citizen Vote
Protection Act''.
(b) Findings; Sense of Congress.--
(1) Findings.--Congress finds the following:
(A) Photo voter identification programs established
by the States should be administered without unlawful
discrimination and with an eye toward balancing
appropriate access to the ballot box with election
integrity and voter confidence goals.
(B) As confirmed by the bipartisan Commission on
Federal Election Reform (commonly known as the Carter-
Baker Commission), ``[v]oters in nearly 100 democracies
use a photo identification card without fear of
infringement of their rights''.
(C) As confirmed by the Carter-Baker Commission,
``[t]he right to vote is a vital component of U.S.
citizenship and all States should use their best
efforts to obtain proof of citizenship before
registering voters.''.
(D) The Carter-Baker Commission was correct in its
2005 report when it recommended that the REAL ID Act be
``modestly adapted for voting purposes to indicate on
the front or back whether the individual is a U.S.
citizen.''.
(E) Congress acknowledges the important work
completed by the Carter-Baker Commission and, by
amending the REAL ID Act, resolves the concerns in the
Commission's report that ``[t]he REAL ID Act does not
require that the card indicates citizenship, but that
would need to be done if the card is to be used for
voting purposes''.
(F) Photographic voter identification is important
for ensuring voter confidence in election processes and
outcomes.
(G) Requiring photographic voter identification is
well within States' constitutional competence,
including pursuant to the Qualifications Clause of the
Constitution of the United States (article I, section
2, clause 2), the Presidential Electors Clause of the
Constitution (article II, section 1, clause 2), and the
Seventeenth Amendment.
(H) The Fifteenth Amendment, the Nineteenth
Amendment, the Twenty-Fourth Amendment, and the Twenty-
Sixth Amendment, among other references, make clear
that the Constitution prohibits voting by non-citizens
in Federal elections.
(I) Congress has the constitutional authority,
including under the aforementioned amendments, to pass
statutes preventing non-citizens from voting in Federal
elections, and did so with the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996.
(J) Congress may further exercise its
constitutional authority to ensure the Constitution's
prohibition on non-citizen voting in Federal elections
is upheld.
(2) Sense of congress.--It is the sense of Congress that
the States should implement the substance of the recommendation
of the Carter-Baker Commission that, ``[t]o ensure that persons
presenting themselves at the polling place are the ones on the
registration list, the Commission recommends that states
[encourage] voters to use the REAL ID card, which was mandated
in a law signed by the President in May 2005''.
(c) REAL ID Act Amendment.--
(1) Amendment.--Section 202(b) of the Real ID Act of 2005
(49 U.S.C. 30301 note) is amended by adding at the end the
following new paragraph:
``(10) If the person is a citizen of the United States, an
indication of that citizenship, except that no other
information may be included with respect to the immigration
status of the person.''.
(2) Applicability.--The amendment made by this subsection
shall be effective January 1, 2026, and shall apply with
respect to any driver's license or identification card issued
by a State on and after such date.
(d) Rule of Construction.--Nothing in this section or in any
amendment made by this section may be construed to establish or mandate
the use of a national identification card or to authorize any office of
the executive branch to establish or mandate the use of a national
identification card.
SEC. 125. MANDATORY PROVISION OF IDENTIFICATION FOR CERTAIN VOTERS NOT
VOTING IN PERSON.
(a) Requiring Voters To Provide Identification.--Title III of the
Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.) is amended--
(1) by redesignating sections 304 and 305 as sections 305
and 306; and
(2) by inserting after section 303 the following new
section:
``SEC. 304. MANDATORY PROVISION OF IDENTIFICATION FOR CERTAIN VOTERS
WHO VOTE BY MAIL.
``(a) Finding of Constitutional Authority.--Congress finds that it
has the authority to establish the terms and conditions that States
must follow with respect to the administration of voting by mail
because article I, section 8, clause 7 of the Constitution of the
United States and other enumerated powers grant Congress the power to
regulate the operations of the United States Postal Service.
``(b) Requiring Provision of Identification To Receive a Ballot or
Vote in Certain Cases.--
``(1) Individuals requesting a ballot to vote by mail.--
Notwithstanding any other provision of law, the appropriate
State or local election official may not provide an individual
a ballot to vote by mail for an election for Federal office in
a case in which the individual requested such ballot other than
in person from the appropriate State or local election official
of the State at a State designated elections office unless the
individual submits with the application for the ballot a copy
of an identification described in paragraph (3).
``(2) Individuals voting by mail in certain cases.--
``(A) In general.--Notwithstanding any other
provision of law, in a case in which the appropriate
State or local election official provides an individual
a ballot to vote by mail for an election for Federal
office without requiring such individual to submit a
separate application or request to receive such ballot
for each such election, the election official may not
accept the voted ballot unless the individual submits
with the voted ballot a copy of an identification
described in paragraph (3).
``(B) Fail-safe voting.--An individual who desires
to vote other than in person but who does not meet the
requirements of subparagraph (A) may cast such a ballot
other than in person and the ballot shall be counted as
a provisional ballot in accordance with section 302(a).
``(3) Identification described.--An identification
described in this paragraph is, with respect to an individual--
``(A) a current and valid photo identification of
the individual;
``(B) a copy of a current utility bill, bank
statement, government check, paycheck, or other
government document that shows the name and address of
the individual;
``(C) a valid driver's license or an identification
card issued by a State or the identification number for
such driver's license or identification card issued by
a State;
``(D) the last 4 digits of the individual's social
security number; or
``(E) such other documentation issued by a Federal,
State, or local government that provides the same or
more identifying information as required by
subparagraphs (A) through (D) such that the election
official is reasonably certain as to the identity of
the individual.
``(c) Exceptions.--This section does not apply with respect to any
individual who is--
``(1) entitled to vote by absentee ballot under the
Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C.
20301 et seq.);
``(2) provided the right to vote otherwise than in person
under section 3(b)(2)(B)(ii) of the Voting Accessibility for
the Elderly and Handicapped Act (52 U.S.C. 20102(b)(2)(B)(ii));
or
``(3) entitled to vote otherwise than in person under any
other Federal law.
``(d) Rule of Construction.--Nothing in this section may be
construed as prohibiting a State from imposing identification
requirements to request a ballot to vote by mail or cast a vote by mail
that are more stringent than the requirements under this section.
``(e) Effective Date.--This section shall take effect on January 1,
2024.''.
(b) Conforming Amendments Relating to Existing Identification
Requirements.--
(1) Treatment as individuals registering to vote by mail
for purposes of first-time voter identification requirements.--
Section 303(b)(1)(A) of the Help America Vote Act of 2002 (52
U.S.C. 21083(b)(1)(A)) is amended by striking ``by mail'' and
inserting ``by mail or otherwise not in person at an elections
office or voter registration agency of the State''.
(2) Exceptions.--Section 303(b)(3) of the Help America Vote
Act of 2002 (52 U.S.C. 21083(b)(3)) is amended--
(A) in subparagraph (A), by striking ``by mail
under section 6 of the National Voter Registration Act
of 1993 (42 U.S.C. 1973gg-4)'' and inserting ``by mail
under section 6 of the National Voter Registration Act
of 1993 (52 U.S.C. 20505) or otherwise not in person at
a voter registration agency of the State''; and
(B) in subparagraph (B)(i), by striking ``by mail
under section 6 of the National Voter Registration Act
of 1993 (42 U.S.C. 1973gg-4)'' and inserting ``by mail
under section 6 of the National Voter Registration Act
of 1993 (52 U.S.C. 20505) or otherwise not in person at
a voter registration agency of the State''.
(3) Expansion of types of identification permitted.--
Section 303(b)(2)(A) of the Help America Vote Act of 2002 (52
U.S.C. 21083(b)(2)(A)) is amended--
(A) in clause (i)--
(i) in subclause (I), by striking ``or'' at
the end; and
(ii) by adding at the end the following new
subclause:
``(III) such other documentation
issued by a Federal, State, or local
government that provides the same or
more identifying information as
required by subclauses (I) and (II)
such that the election official is
reasonably certain as to the identity
of the individual; or''; and
(B) in clause (ii)--
(i) in subclause (I), by striking ``or'' at
the end;
(ii) in subclause (II), by striking the
period at the end and inserting ``; or''; and
(iii) by adding at the end the following
new subclause:
``(III) such other documentation
issued by a Federal, State, or local
government that provides the same or
more identifying information as
required by subclauses (I) and (II)
such that the election official is
reasonably certain as to the identity
of the individual.''.
(c) Conforming Amendment Relating to Enforcement.--Section 401 of
such Act (52 U.S.C. 21111) is amended by striking ``and 303'' and
inserting ``303, and 304''.
(d) Clerical Amendment.--The table of contents of such Act is
amended--
(1) by redesignating the items relating to sections 304 and
305 as relating to sections 305 and 306; and
(2) by inserting after the item relating to section 303 the
following:
``Sec. 304. Mandatory provision of identification for certain voters
who vote by mail.''.
SEC. 126. CONFIRMING ACCESS FOR CONGRESSIONAL ELECTION OBSERVERS.
(a) Short Title.--This section may be cited as the ``Confirmation
Of Congressional Observer Access Act of 2022'' or the ``COCOA Act of
2022''.
(b) Findings Relating to Congressional Election Observers.--
Congress finds the following:
(1) The Constitution delegates to each of House of the
Congress the authority to ``be the Judge of the Elections,
Returns and Qualifications of its own Members''.
(2) While, in general, Congress shall respect the
determination of State authorities with respect to the election
of members to each House, each House of Congress serves as the
final arbiter over any contest to the seating of any putative
Member-elect or Senator-elect.
(3) These election contest procedures are contained in the
precedents of each House of Congress. Further, for the House of
Representatives the procedures exist under the Federal
Contested Elections Act.
(4) In the post-Civil War modern era, more than 100
election contests have been filed with the House of
Representatives.
(5) For decades, Congress has appointed and sent out
official congressional observers to watch the administration of
congressional elections in the States and territories.
(6) These observers serve to permit Congress to develop its
own factual record in preparation for eventual contests and for
other reasons.
(7) This section and the amendments made by this section do
not establish any new authorities or procedures but are
provided simply to permit a convenient statutory reference for
existing Congressional authority and activity.
(c) Confirming Requirement That States Provide Access.--Title III
of the Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as
amended by section 125(a), is amended--
(1) by redesignating sections 305 and 306 as sections 306
and 307; and
(2) by inserting after section 304 the following new
section:
``SEC. 305. CONFIRMING ACCESS FOR CONGRESSIONAL ELECTION OBSERVERS.
``(a) Finding of Constitutional Authority.--Congress finds that it
has the authority to require that States allow access to designated
Congressional election observers to observe the election administration
procedures in an election for Federal office because the authority
granted to Congress under article I, section 5 of the Constitution of
the United States gives each House of Congress the power to be the
judge of the elections, returns and qualifications of its own Members.
``(b) Requiring States To Provide Access.--A State shall provide
each individual who is a designated Congressional election observer for
an election with full access to clearly observe all of the elements of
the administration procedures with respect to such election, including
but not limited to in all areas of polling places and other facilities
where ballots in the election are processed, tabulated, cast,
canvassed, and certified, in all areas where voter registration
activities occur before such election, and in any other such place
where election administration procedures to prepare for the election or
carry out any post-election recounts take place. No designated
Congressional election observer may handle ballots, elections equipment
(voting or non-voting), advocate for a position or candidate, take any
action to reduce ballot secrecy, or otherwise interfere with the
elections administration process.
``(c) Designated Congressional Election Observer Described.--In
this section, a `designated Congressional election observer' is an
individual who is designated in writing by the chair or ranking
minority member of the Committee on House Administration of the House
of Representatives or the Committee on Rules and Administration of the
Senate, or the successor committee in either House of Congress to
gather information with respect to an election, including in the event
that the election is contested in the House of Representatives or the
Senate and for other purposes permitted by article 1, section 5 of the
Constitution of the United States.''.
(d) Conforming Amendment Relating to Enforcement.--Section 401 of
such Act (52 U.S.C. 21111), as amended by section 125(c), is amended by
striking ``and 304'' and inserting ``304, and 305''.
(e) Clerical Amendment.--The table of contents of such Act, as
amended by section 125(d), is amended--
(1) by redesignating the items relating to sections 305 and
306 as relating to sections 306 and 307; and
(2) by inserting after the item relating to section 304 the
following:
``Sec. 305. Confirming access for Congressional election observers.''.
SEC. 127. USE OF REQUIREMENTS PAYMENTS FOR POST-ELECTION AUDITS.
Section 251(b)(1) of the Help America Vote Act of 2002 (52 U.S.C.
21001(b)(1)) is amended by inserting ``, including to conduct and
publish an audit of the effectiveness and accuracy of the voting
systems, election procedures, and outcomes used to carry out an
election for Federal office in the State and the performance of the
State and local election officials who carried out the election'' after
``requirements of title III''.
SEC. 128. CERTAIN TAX BENEFITS AND SIMPLIFICATION WITH RESPECT TO
ELECTION WORKERS.
(a) Short Title.--This section may be cited as the ``Election
Worker Employer Participation Act''.
(b) Exclusion From Gross Income for Certain Election Worker
Compensation.--
(1) In general.--Part III of subchapter B of chapter 1 of
the Internal Revenue Code of 1986 is amended by inserting after
section 139H the following new section:
``SEC. 139I. CERTAIN COMPENSATION OF ELECTION WORKERS.
``(a) In General.--Gross income shall not include qualified
election worker compensation.
``(b) Limitation.--The amount excludible from gross income under
subsection (a) with respect to any taxpayer for any taxable year shall
not exceed the dollar amount in effect under section 3121(b)(7)(F)(iv)
for the calendar year in which such taxable year begins.
``(c) Qualified Election Worker Compensation.--For purposes of this
section, the term `qualified election worker compensation' means
amounts otherwise includible in gross income which are paid by a State,
political subdivision of a State, or any instrumentality of a State or
any political subdivision thereof, for the service of an individual as
an election official or election worker (within the meaning of section
3121(b)(7)(F)(iv)).''.
(2) Clerical amendment.--The table of sections for part III
of subchapter B of chapter 1 of such Code is amended by
inserting after the item relating to section 139H the following
new item:
``Sec. 139I. Certain compensation of election workers.''.
(c) Exclusion From Gross Income for Certain Student Loan Repayments
of Election Workers.--Section 127(c) of such Code is amended by adding
at the end the following new paragraph:
``(8) Special rule for election workers.--In the case of
any payment by a State, political subdivision of a State, or
any instrumentality of a State or any political subdivision
thereof, for the service of an individual as an election
official or election worker (within the meaning of section
3121(b)(7)(F)(iv)), paragraph (1)(B) shall be applied without
regard to the phrase `in the case of payments made before
January 1, 2026,'.''.
(d) Information Reporting Not Required by Reason of Certain Amounts
Excludible From Gross Income.--Section 6041 of such Code is amended by
adding at the end the following new subsection:
``(h) Treatment of Certain Excludible Compensation of Election
Workers.--In the case of any payment by a State, political subdivision
of a State, or any instrumentality of a State or any political
subdivision thereof, for the service of an individual as an election
official or election worker (within the meaning of section
3121(b)(7)(F)(iv)), the determination of whether the $600 threshold
described in subsection (a) has been met with respect to such
individual shall be determined by not taking into account--
``(1) any such payment which is qualified election worker
compensation (as defined in section 139I(c)) which does not
exceed the limitation described in section 139I(b), and
``(2) any such payment which is excludible from the gross
income of such individual under section 127.''.
(e) Effective Date.--The amendments made by this section shall
apply to payments made after December 31, 2022, in taxable years ending
after such date.
SEC. 129. VOLUNTARY GUIDELINES WITH RESPECT TO NONVOTING ELECTION
TECHNOLOGY.
(a) Short Title.--This section may be cited as the ``Protect
American Voters Act''.
(b) Adoption of Voluntary Guidelines by Election Assistance
Commission.--
(1) Adoption of guidelines.--Title II of the Help America
Vote Act of 2002 (52 U.S.C. 20921 et seq.) is amended by adding
at the end the following new subtitle:
``Subtitle E--Voluntary Guidelines for Use of Nonvoting Election
Technology
``SEC. 298. ADOPTION OF VOLUNTARY GUIDELINES BY COMMISSION.
``(a) Adoption.--The Commission shall adopt voluntary guidelines
for election officials on the use of nonvoting election technology,
taking into account the recommendations of the Standards Board under
section 298A.
``(b) Review.--The Commission shall review the guidelines adopted
under this subtitle not less frequently than once every 4 years, and
may adopt revisions to the guidelines as it considers appropriate.
``(c) Process for Adoption.--The adoption of the voluntary
guidelines under this subtitle shall be carried out by the Commission
in a manner that provides for each of the following:
``(1) Publication of notice of the proposed guidelines in
the Federal Register.
``(2) An opportunity for public comment on the proposed
guidelines.
``(3) An opportunity for a public hearing on the record.
``(4) Publication of the final recommendations in the
Federal Register.
``(d) Deadline for Initial Set of Guidelines.--The Commission shall
adopt the initial set of voluntary guidelines under this section not
later than December 31, 2025.
``SEC. 298A. ROLE OF STANDARDS BOARD.
``(a) Duties.--The Standards Board shall assist the Commission in
the adoption of voluntary guidelines under section 298, including by
providing the Commission with recommendations on appropriate standards
for the use of nonvoting election technology, including standards to
ensure the security and accuracy, and promote the usability, of such
technology, and by conducting a review of existing State programs with
respect to the testing of nonvoting election technology.
``(b) Sources of Assistance.--
``(1) Certain members of technical guidelines development
committee.--The following members of the Technical Guidelines
Development Committee under section 221 shall assist the
Standards Board in carrying out its duties under this section:
``(A) The Director of the National Institute of
Standards and Technology.
``(B) The representative of the American National
Standards Institute.
``(C) The representative of the Institute of
Electrical and Electronics Engineers.
``(D) The 4 members of the Technical Guidelines
Development Committee appointed under subsection
(c)(1)(E) of such section as the other individuals with
technical and scientific expertise relating to voting
systems and voting equipment.
``(2) Detailee from cisa.--The Executive Board of the
Standards Board may request the Director of the Cybersecurity
and Infrastructure Security Agency of the Department of
Homeland Security to provide a detailee to assist the Standards
Board in carrying out its duties under this section, so long as
such detailee has no involvement in the drafting of any of the
voluntary guidelines.
``SEC. 298B. USE OF PAYMENTS TO OBTAIN OR UPGRADE TECHNOLOGY.
``A State may use funds provided under any law for activities to
improve the administration of elections for Federal office, including
to enhance election technology and make election security improvements,
to obtain nonvoting election technology which is in compliance with the
voluntary guidelines adopted under section 298 or to upgrade nonvoting
election technology so that the technology is in compliance with such
guidelines, and may, notwithstanding any other provision of law, use
any unobligated grant funding provided to the State by the Election
Assistance Commission from amounts appropriated under the heading
`Independent Agencies--Election Assistance Commission--Election
Security Grants' in title V of division C of the Consolidated
Appropriations Act, 2020 (Public Law 116-93) for the purposes of
enhancing election technology and making election security improvements
until December 31, 2024.
``SEC. 298C. NONVOTING ELECTION TECHNOLOGY DEFINED.
``In this subtitle, the term `nonvoting election technology' means
technology used in the administration of elections for Federal office
which is not used directly in the casting, counting, tabulating, or
collecting of ballots or votes, including each of the following:
``(1) Electronic pollbooks or other systems used to check
in voters at a polling place or verify a voter's
identification.
``(2) Election result reporting systems.
``(3) Electronic ballot delivery systems.
``(4) Online voter registration systems.
``(5) Polling place location search systems.
``(6) Sample ballot portals.
``(7) Signature systems.
``(8) Such other technology as may be recommended for
treatment as nonvoting election technology as the Standards
Board may recommend.''.
(2) Clerical amendment.--The table of contents of such Act
is amended by adding at the end of the items relating to title
II the following:
``Subtitle E--Voluntary Guidelines for Use of Nonvoting Election
Technology
``Sec. 298. Adoption of voluntary guidelines by Commission.
``Sec. 298A. Role of Standards Board.
``Sec. 298B. Use of payments to obtain or upgrade technology.
``Sec. 298C. Nonvoting election technology defined.''.
(c) Treatment of Technology Used in Most Recent Election.--Any
nonvoting election technology, as defined in section 298C of the Help
America Vote Act of 2002 (as added by subsection (a)(1)), which a State
used in the most recent election for Federal office held in the State
prior to the date of the enactment of this Act shall be deemed to be in
compliance with the voluntary guidelines on the use of such technology
which are adopted by the Election Assistance Commission under section
298 of such Act (as added by subsection (a)(1)).
SEC. 130. STATUS REPORTS BY NATIONAL INSTITUTE OF STANDARDS AND
TECHNOLOGY.
Section 231 of the Help America Vote Act of 2002 (52 U.S.C. 20971)
is amended by adding at the end the following new subsection:
``(e) Status Reports by National Institute of Standards and
Technology.--Not later than 60 days after the end of each fiscal year
(beginning with 2023), the Director of the National Institute of
Standards and Technology shall submit to Congress a status report
describing--
``(1) the extent to which the Director carried out the
Director's responsibilities under this Act during the fiscal
year, including the responsibilities imposed under this section
and the responsibilities imposed with respect to the Technical
Guidelines Development Committee under section 222, together
with the Director's best estimate of when the Director will
completely carry out any responsibility which was not carried
out completely during the fiscal year; and
``(2) the extent to which the Director carried out any
projects requested by the Commission during the fiscal year,
together with the Director's best estimate of when the Director
will complete any such project which the Director did not
complete during the fiscal year.''.
SEC. 131. 501(C)(3) ORGANIZATIONS PROHIBITED FROM PROVIDING DIRECT OR
INDIRECT FUNDING FOR ELECTION ADMINISTRATION.
(a) Short Title.--This section may be cited as the ``End
Zuckerbucks Act of 2022''.
(b) In General.--Section 501(c)(3) of the Internal Revenue Code of
1986 is amended--
(1) by striking ``and which does not participate'' and
inserting ``which does not participate'', and
(2) by striking the period at the end and inserting ``and
which does not provide direct funding to any State or unit of
local government for the purpose of the administration of
elections for public office or any funding to any State or unit
of local government in a case in which it is reasonable to
expect such funding will be used for the purpose of the
administration of elections for public office (except with
respect to the donation of space to a State or unit of local
government to be used as a polling place in an election for
public office).''.
(c) Effective Date.--The amendments made by this section shall
apply to funding provided in taxable years beginning after December 31,
2023.
SEC. 132. REQUIREMENTS WITH RESPECT TO ELECTION MAIL.
(a) Short Title.--This section may be cited as the ``Election
Integrity Mail Reform Act of 2022''.
(b) Prioritizing Election Mail.--Title 39, United States Code, is
amended by adding after chapter 36 the following:
``CHAPTER 37--ELECTION AND POLITICAL MAIL
``Sec.
``3701. Prioritization of processing and delivery of election mail.
``3702. Use of nonprofit permit for cooperative mailings.
``3703. Marking or notice on election mail.
``3704. Application to Uniformed and Overseas Citizens Absentee Voting
Act.
``Sec. 3701. Prioritization of processing and delivery of election mail
``(a) In General.--The Postal Service shall give priority to the
processing and delivery of election mail. In carrying out this
subsection, the Postal Service shall at a minimum--
``(1) deliver any election mail regardless of the amount of
postage paid;
``(2) shall, to the greatest extent practicable, process
and clear election mail from any postal facility each day; and
``(3) carry and deliver election mail expeditiously.
``(b) Election Mail With Insufficient Postage.--In carrying out
subsection (a)(1), the Postal Service shall process and deliver
election mail with insufficient postage in the same manner as election
mail with sufficient postage, but may collect insufficient postage
after delivery of any election mail with insufficient postage.
``(c) Underfunded or Overdrawn Accounts.--The Postal Service shall
process and deliver election mail, under the standards in place under
subsection (a), sent from a customer using an account registered with
the Postal Service (including a corporate account or an advance deposit
account) even if such account is underfunded or overdrawn. Nothing in
this section shall be construed to limit or otherwise prevent the
Postal Service from seeking reimbursement from any person regarding
unpaid postage.
``(d) Election Mail Defined.--In this chapter, the term `election
mail' means any item mailed to or from an individual for purposes of
the individual's participation in an election for public office,
including balloting materials, voter registration cards, absentee
ballot applications, polling place notification and photographic voter
identification materials.
``Sec. 3702. Use of nonprofit permit for cooperative mailings
``Notwithstanding any other law, rule, or regulation, a national,
State, or local committee of a political party (as defined under the
Federal Election Campaign Act of 1971) which is eligible to mail at the
nonprofit rate may conduct a cooperative mailing at that nonprofit rate
with a candidate, a candidate's committee, or another committee of a
political party, and may seek reimbursement from such a candidate,
candidate's committee, or committee of a political party for the costs
of such mailing.
``Sec. 3703. Marking or notice on election mail
``(a) In General.--For the purposes of assisting election officials
in processing election mail, the Postal Service shall place a marking
or notice indicating that a piece of mail is election mail.
``(b) Requirements.--The Postal Service may determine the
appropriate manner in which subsection (a) is carried out, but at a
minimum such marking or notice shall--
``(1) be placed, as soon as practicable, at the time the
election mail is received by the Postal Service, in a
conspicuous and legible type or in a common machine-readable
technology on the envelope or other cover in which the election
mail is mailed; and
``(2) clearly demonstrate the date and time that such
marking or noticed was so placed.
``(c) Rule of Construction.--Nothing in this section may be
construed as requiring any change to the processes and procedures used
by the Postal Service with respect to Postal Service barcodes on
envelopes carried or delivered by the Postal Service.
``Sec. 3704. Application to Uniformed and Overseas Citizens Absentee
Voting Act
``This chapter shall not apply to balloting materials under the
Uniformed and Overseas Citizens Absentee Voting Act and nothing in this
chapter shall be construed to alter or otherwise affect the operation
of such Act or section 3406 of this title.''.
(c) Postmarking Stamps.--Section 503 of title 18, United States
Code, is amended--
(1) by striking ``Whoever forges'' and inserting ``(a)
Whoever forges'';
(2) by striking ``or such impression thereof,'' and all
that follows and inserting the following:
``or such impression thereof--
``(1) shall be fined under this title or imprisoned not
more than five years, or both; or
``(2) if the impression from a postmarking stamp or
impression thereof forged, counterfeited, used, sold, or
possessed in violation of this section is applied to a mailed
ballot for an election for Federal, State, or local office,
shall be fined under this title or imprisoned not more than 10
years, or both.''; and
(3) by adding at the end following new subsection:
``(a) Whoever, with the intent to falsify the date on which a
postmark was applied, applies to a mailed ballot described in
subsection (a)(2) a genuine postmark that bears a date other than the
date on which such postmark was applied, shall be subject to the
penalties set forth in such subsection.''.
SEC. 133. CLARIFICATION OF RIGHT OF STATE TO APPEAL DECISIONS THROUGH
DULY AUTHORIZED REPRESENTATIVE.
Section 1254 of title 28, United States Code, is amended--
(1) in paragraph (1), by striking the semicolon at the end
and inserting a period; and
(2) by adding at the end the following:
``(3) By appeal by a party (including the State as
represented by any agent authorized as a party under State law)
relying on a State statute held by a court of appeals to be
invalid as repugnant to the Constitution, treaties or laws of
the United States, but such appeal shall preclude review by
writ of certiorari at the instance of such appellant, and the
review on appeal shall be restricted to the Federal questions
presented.''.
SEC. 134. CLARIFICATION OF FEDERAL AGENCY INVOLVEMENT IN VOTER
REGISTRATION ACTIVITIES.
Executive Order 14019 (86 Fed. Reg. 13623; relating to promoting
access to voting) shall have no force or effect to the extent that it
is inconsistent with section 7 of the National Voter Registration Act
of 1993 (52 U.S.C. 20506).
SEC. 135. PROHIBITION ON USE OF FEDERAL FUNDS FOR ELECTION
ADMINISTRATION IN STATES THAT PERMIT BALLOT HARVESTING.
(a) Short Title.--This section may be cited as the ``No Federal
Funds for Ballot Harvesting Act''.
(b) Findings.--Congress finds that--
(1) the right to vote is a fundamental right of citizens of
the United States, as described by the Constitution of the
United States;
(2) the Committee on House Administration of the House of
Representatives, which is charged with investigating election
irregularities, received reports through its official Election
Observer Program for the 2018 general election and the 2020
general election, as well as from other stakeholders, that
individuals other than voters themselves were depositing large
amounts of absentee ballots at polling places throughout
California and other States, a practice colloquially known as
``ballot harvesting'';
(3) the practice of ballot harvesting creates significant
vulnerabilities in the chain-of-custody of ballots because
individuals collecting ballots are not required to be
registered voters and are not required to identify themselves
at a voter's home, and the State does not track how many
ballots are harvested in an election;
(4) in North Carolina, a congressional election was
invalidated due to fraud associated with ballot harvesting
committed by a political operative, and it is unlikely such
activity would have been detected were it not for the
prohibition against ballot harvesting in the State;
(5) ballot harvesting invites electioneering activity at
home and weakens States' long-standing voter protection
procedures, which remain in place at polling locations,
creating the possibility of undue influence over voters by
political operatives and other bad actors; and
(6) the Supreme Court of the United States has affirmed
State authority to restrict ballot harvesting (Brnovich v.
Democratic National Committee, 141 S. Ct. 2321 (2021)).
(c) Prohibition on Federal Funds for Election Administration for
States Allowing Collection and Transmission of Ballots by Certain Third
Parties.--
(1) In general.--The Help America Vote Act of 2002 (52
U.S.C. 20901 et seq.) is amended by adding at the end the
following new section:
``SEC. 908. PROHIBITION ON FEDERAL FUNDS FOR ELECTION ADMINISTRATION
FOR STATES ALLOWING COLLECTION AND TRANSMISSION OF
BALLOTS BY CERTAIN THIRD PARTIES.
``(a) In General.--Notwithstanding any other provision of law, no
Federal funds may be used to administer any election for Federal office
in a State unless the State has in effect a law that prohibits an
individual from the knowing collection and transmission of a ballot in
an election for Federal office that was mailed to another person, other
than an individual described as follows:
``(1) An election official while engaged in official duties
as authorized by law.
``(2) An employee of the United States Postal Service or
other commercial common carrier engaged in similar activities
while engaged in duties authorized by law.
``(3) Any other individual who is allowed by law to collect
and transmit United States mail, while engaged in official
duties as authorized by law.
``(4) A family member, household member, or caregiver of
the person to whom the ballot was mailed.
``(b) Definitions.--For purposes of this section, with respect to a
person to whom the ballot was mailed:
``(1) The term `caregiver' means an individual who provides
medical or health care assistance to such person in a
residence, nursing care institution, hospice facility, assisted
living center, assisted living facility, assisted living home,
residential care institution, adult day health care facility,
or adult foster care home.
``(2) The term `family member' means an individual who is
related to such person by blood, marriage, adoption or legal
guardianship.
``(3) The term `household member' means an individual who
resides at the same residence as such person.''.
(2) Clerical amendment.--The table of contents of such Act
is amended by adding at the end the following new item:
``Sec. 908. Prohibition on Federal funds for election administration
for States allowing collection and
transmission of ballots by certain third
parties.''.
SEC. 136. CLARIFICATION WITH RESPECT TO FEDERAL ELECTION RECORD-KEEPING
REQUIREMENT.
Section 301 of the Civil Rights Act of 1960 (52 U.S.C. 20701) is
amended by inserting `` including envelopes used to deliver ballots by
mail,'' after ``requisite to voting in such election,''.
SEC. 137. CLARIFICATION OF RULES WITH RESPECT TO HIRING OF ELECTION
WORKERS.
(a) In General.--With respect to hiring election workers in a State
or local jurisdiction, the State or local jurisdiction may give
preference to individuals who are veterans or individuals with a
disability.
(b) Individual With a Disability Defined.--In this section, an
``individual with a disability'' means an individual with an impairment
that substantially limits any major life activities.
SEC. 138. UNITED STATES POSTAL SERVICE COORDINATION WITH STATES TO
ENSURE MAILING ADDRESSES.
(a) In General.--Not later than 2 years after the date of the
enactment of this Act, the Postmaster General shall, in coordination
with the appropriate State executives of each State, carry out a
program to identify and assign a mailing address to each home in each
State that, as of the date of the enactment of this Act, does not have
a mailing address assigned to such home, with a priority given to
assigning mailing addresses to such homes located on Indian lands.
(b) Definitions.--In this section:
(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'' includes--
(A) any Indian country of an Indian Tribe, 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.
(3) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term ``Indian tribe'' in section 4 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 5304).
(4) State.--The term ``State'' has the meaning given such
term in section 901 of the Help America Vote Act of 2002 (52
U.S.C. 21141).
(5) Tribal government.--The term ``Tribal Government''
means the recognized governing body of an Indian Tribe.
(c) Authorization of Appropriations.--There is authorized to be
appropriated $5,000,000 to carry out this section.
SEC. 139. STATE DEFINED.
Section 901 of the Help America Vote Act of 2002 (52 U.S.C. 21141)
is amended by striking ``and the United States Virgin Islands'' and
inserting ``the United States Virgin Islands, and the Commonwealth of
the Northern Mariana Islands''.
Subtitle D--District of Columbia Election Integrity and Voter
Confidence
SEC. 141. SHORT TITLE.
This subtitle may be cited as the ``American Confidence in
Elections: District of Columbia Election Integrity and Voter Confidence
Act''.
SEC. 142. REQUIREMENTS FOR ELECTIONS IN DISTRICT OF COLUMBIA.
(a) Requirements Described.--Title III of the Help America Vote Act
of 2002 (52 U.S.C. 21801 et seq.) is amended by adding at the end the
following new subtitle:
``Subtitle C--Requirements for Elections in District of Columbia
``SEC. 321. STATEMENT OF CONGRESSIONAL AUTHORITY; FINDINGS.
``Congress finds that it has the authority to establish the terms
and conditions for the administration of elections for public office in
the District of Columbia--
``(1) under article I, section 8, clause 17 of the
Constitution of the United States, which grants Congress the
exclusive power to enact legislation with respect to the seat
of the government of the United States; and
``(2) under other enumerated powers granted to Congress.
``SEC. 322. REQUIREMENTS FOR PHOTO IDENTIFICATION.
``(a) Short Title.--This section may be cited as the `American
Confidence in Elections: District of Columbia Voter Identification
Act'.
``(b) Requiring Provision of Identification To Receive a Ballot or
Vote.--
``(1) Individuals voting in person.--A District of Columbia
election official may not provide a ballot for a District of
Columbia election to an individual who desires to vote in
person unless the individual presents to the official an
identification described in paragraph (3).
``(2) Individuals voting other than in person.--A District
of Columbia election official may not provide a ballot for a
District of Columbia election to an individual who desires to
vote other than in person unless the individual submits with
the application for the ballot a copy of an identification
described in paragraph (3).
``(3) Identification described.--An identification
described in this paragraph is, with respect to an individual,
any of the following:
``(A) A current and valid motor vehicle license
issued by the District of Columbia or any other current
and valid photo identification of the individual which
is issued by the District of Columbia or the
identification number for such motor vehicle license or
photo identification.
``(B) A current and valid United States passport, a
current and valid military photo identification, or any
other current and valid photo identification of the
individual which is issued by the Federal Government.
``(C) Any current and valid photo identification of
the individual which is issued by a Tribal Government.
``(D) A student photo identification issued by a
secondary school (as such term is defined in section
8101 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7801)) or an institution of higher
education (as such term is defined in section 101 of
the Higher Education Act of 1965 (20 U.S.C. 1001)).
``(E) The last 4 digits of the individual's social
security number.
``(4) Ensuring proof of residence.--If an individual
presents or submits an identification described in paragraph
(3) which does not include the address of the individual's
residence, the District of Columbia election official may not
provide a ballot to the individual unless the individual
presents or submits a document or other written information
from a third party which--
``(A) provides the address of the individual's
residence; and
``(B) such document or other written information is
of sufficient validity such that the election official
is reasonably certain as to the identity of the
individual.
``(c) Provision of Identification Without Cost to Indigent
Individuals.--If the District of Columbia charges an individual a fee
for an identification described in subsection (b)(3) and the individual
provides an attestation that the individual is unable to afford the
fee, the District of Columbia shall provide the identification to the
individual at no cost.
``(d) Special Rule With Respect to Sincerely Held Religious
Beliefs.--In the case of an individual who is unable to comply with the
requirements of subsection (b) due to sincerely held religious beliefs,
the District of Columbia shall provide such individual with an
alternative identification that shall be deemed to meet the
requirements of an identification described in subsection (b)(3).
``(e) Designation of District of Columbia Agency To Provide Copies
of Identification.--The Mayor of the District of Columbia shall
designate an agency of the District of Columbia Government to provide
an individual with a copy of an identification described in subsection
(b)(3) at no cost to the individual for the purposes of meeting the
requirement under subsection (b)(2).
``(f) Inclusion of Photos in Poll Books.--
``(1) Methods for obtaining photos.--
``(A) Provision of photos by offices of district of
columbia government.--If any office of the District of
Columbia Government has a photograph or digital image
of the likeness of an individual who is eligible to
vote in a District of Columbia election, the office, in
consultation with the chief election official of the
District of Columbia, shall provide access to the
photograph or digital image to the chief election
official of the District of Columbia.
``(B) Taking of photos at polling place.--If a
photograph or digital image of an individual who votes
in person at a polling place is not included in the
poll book which contains the name of the individuals
who are eligible to vote in the District of Columbia
election and which is used by election officials to
provide ballots to such eligible individuals, the
appropriate election official shall take a photograph
of the individual and provide access to the photograph
to the chief election official of the District of
Columbia.
``(C) Copies of photos provided by individuals not
voting in person.--The election official who receives a
copy of an identification described in subsection
(b)(3) which is submitted by an individual who desires
to vote other than in person at a polling place shall
provide access to the copy of the identification to the
chief election official of the District of Columbia.
``(2) Inclusion in poll books.--The chief election official
of the District of Columbia shall ensure that a photograph,
digital image, or copy of an identification for which access is
provided under paragraph (1) is included in the poll book which
contains the name of the individuals who are eligible to vote
in the District of Columbia election and which is used by
election officials to provide ballots to such eligible
individuals.
``(3) Protection of privacy of voters.--The appropriate
election officials of the District of Columbia shall ensure
that any photograph, digital image, or copy of an
identification which is included in a poll book under this
subsection is not used for any purpose other than the
administration of District of Columbia elections and is not
provided or otherwise made available to any other person except
as may be necessary to carry out that purpose.
``(g) Exceptions.--This section does not apply with respect to any
individual who is--
``(1) entitled to vote by absentee ballot under the
Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C.
20301 et seq.);
``(2) provided the right to vote otherwise than in person
under section 3(b)(2)(B)(ii) of the Voting Accessibility for
the Elderly and Handicapped Act (52 U.S.C. 20102(b)(2)(B)(ii));
or
``(3) entitled to vote otherwise than in person under any
other Federal law.
``(h) Definitions.--For the purposes of this section, the following
definitions apply:
``(1) Indian tribe.--The term `Indian Tribe' has the
meaning given the term `Indian tribe' in section 4 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 5304).
``(2) Tribal government.--The term `Tribal Government'
means the recognized governing body of an Indian Tribe.
``SEC. 323. REQUIREMENTS FOR VOTER REGISTRATION.
``(a) Short Title.--This section may be cited as the `American
Confidence in Elections: District of Columbia Voter List Maintenance
Act'.
``(b) Annual List Maintenance.--
``(1) Requirements.--
``(A) In general.--The District of Columbia shall
carry out annually a program to remove ineligible
persons from the official list of persons registered to
vote in the District of Columbia, as required by
section 8 of the National Voter Registration Act of
1993 (52 U.S.C. 20507) and pursuant to the procedures
described in subparagraph (B).
``(B) Removal from voter rolls.--In the case of a
registrant from the official list of eligible voters in
District of Columbia elections who has failed to vote
in a District of Columbia election during a period of
two consecutive years, the District of Columbia shall
send to such registrant a notice described in section
8(d)(2) of the National Voter Registration Act of 1993
(52 U.S.C. 20507(d)(2)) and shall remove the registrant
from the official list of eligible voters in District
of Columbia elections if--
``(i) the registrant fails to respond to
such notice; and
``(ii) the registrant has not voted or
appeared to vote in a District of Columbia
election during the period beginning the date
such notice is sent and ending the later of 4
years after the date such notice is sent or
after two consecutive District of Columbia
general elections have been held.
``(2) Timing.--In the case of a year during which a
regularly scheduled District of Columbia election is held, the
District of Columbia shall carry out the program described in
paragraph (1) not later than 90 days prior to the date of the
election.
``(c) Prohibiting Same-Day Registration.--The District of Columbia
may not permit an individual to vote in a District of Columbia election
unless, not later than 30 days prior to the date of the election, the
individual is duly registered to vote in the election.
``SEC. 324. BAN ON COLLECTION AND TRANSMISSION OF BALLOTS BY CERTAIN
THIRD PARTIES.
``(a) Short Title.--This section may be cited as the `American
Confidence in Elections: District of Columbia Election Fraud Prevention
Act'.
``(b) In General.--The District of Columbia may not permit an
individual to knowingly collect and transmit a ballot in a District of
Columbia election that was mailed to another person, other than an
individual described as follows:
``(1) An election official while engaged in official duties
as authorized by law.
``(2) An employee of the United States Postal Service or
other commercial common carrier engaged in similar activities
while engaged in duties authorized by law.
``(3) Any other individual who is allowed by law to collect
and transmit United States mail, while engaged in official
duties as authorized by law.
``(4) A family member, household member, or caregiver of
the person to whom the ballot was mailed.
``(c) Definitions.--For purposes of this section, with respect to a
person to whom the ballot was mailed:
``(1) The term `caregiver' means an individual who provides
medical or health care assistance to such person in a
residence, nursing care institution, hospice facility, assisted
living center, assisted living facility, assisted living home,
residential care institution, adult day health care facility,
or adult foster care home.
``(2) The term `family member' means an individual who is
related to such person by blood, marriage, adoption or legal
guardianship.
``(3) The term `household member' means an individual who
resides at the same residence as such person.
``SEC. 325. TIMELY PROCESSING AND REPORTING OF RESULTS.
``(a) Short Title.--This section may be cited as the `American
Confidence in Elections: District of Columbia Timely Reporting of
Election Results Act'.
``(b) Time for Processing Ballots and Reporting Results.--The
District of Columbia shall begin processing ballots received by mail in
a District of Columbia election as soon as such ballots are received
and shall ensure that the results of such District of Columbia election
are reported to the public not later than 10:00 am on the date
following the date of the election, but in no case shall such ballots
be tabulated or such results be reported earlier than the closing of
polls on the date of the election.
``(c) Requirement To Publish Number of Voted Ballots on Election
Day.--The District of Columbia shall, as soon as practicable after the
closing of polls on the date of a District of Columbia election, make
available on a publicly accessible website the total number of voted
ballots in the possession of election officials in the District of
Columbia as of the time of the closing of polls on the date of such
election, which shall include, as of such time--
``(1) the number of voted ballots delivered by mail;
``(2) the number of ballots requested for such election by
individuals who are entitled to vote by absentee ballot under
the Uniformed and Overseas Citizens Absentee Voting Act (52
U.S.C. 20301 et seq.); and
``(3) the number of voted ballots for such election
received from individuals who are entitled to vote by absentee
ballot under the Uniformed and Overseas Citizens Absentee
Voting Act (52 U.S.C. 20301 et seq.), including from
individuals who, under such Act, voted by absentee ballot
without requesting such a ballot.
``(d) Requirements To Ensure Bipartisan Election Administration
Activity.--With respect to a District of Columbia election, District of
Columbia election officials shall ensure that all activities are
carried out in a bipartisan manner, which shall include a requirement
that, in the case of an election worker who enters a room which
contains ballots, voting equipment, or non-voting equipment as any part
of the election worker's duties to carry out such election, the
election worker is accompanied by an individual registered to vote with
respect to a different political party than such election worker, as
determined pursuant to the voting registration records of the District
of Columbia.
``SEC. 326. BAN ON NONCITIZEN VOTING.
``(a) Short Title.--This section may be cited as the `American
Confidence in Elections: District of Columbia Citizen Voter Act'.
``(b) Ban on Non-Citizen Voting.--No individual may vote in a
District of Columbia election unless the individual is a citizen of the
United States.
``SEC. 327. REQUIREMENTS WITH RESPECT TO PROVISIONAL BALLOTS.
``(a) Short Title.--This section may be cited as the `American
Confidence in Elections: District of Columbia Provisional Ballot Reform
Act'.
``(b) In General.--Except as provided in subsection (c), the
District of Columbia shall permit an individual to cast a provisional
ballot pursuant to section 302 if--
``(1) the individual declares that such individual is a
registered voter in the District of Columbia and is eligible to
vote in a District of Columbia election but the name of the
individual does not appear on the official list of eligible
voters for the polling place or an election official asserts
that the individual is not eligible to vote; or
``(2) the individual declares that such individual is a
registered voter in the District of Columbia and is eligible to
vote in a District of Columbia election but does not provide an
identification required under section 322, except that the
individual's provisional ballot shall not be counted in the
election unless the individual provides such identification to
the chief State election official of the District of Columbia
not later than 5:00 pm on the second day which begins after the
date of the election.
``(c) Requirements With Respect to Counting Provisional Ballots in
Certain Cases.--If the name of an individual who is a registered voter
in the District of Columbia and eligible to vote in a District of
Columbia election appears on the official list of eligible voters for a
polling place in the District of Columbia, such individual may cast a
provisional ballot pursuant to section 302 for such election at a
polling place other than the polling place with respect to which the
name of the individual appears on the official list of eligible voters,
except that the individual's provisional ballot shall not be counted in
the election unless the individual demonstrates pursuant to the
requirements under section 302 that the individual is a registered
voter in the jurisdiction of the polling place at which the individual
cast such ballot.
``SEC. 328. MANDATORY POST-ELECTION AUDITS.
``(a) Short Title.--This section may be cited as the `American
Confidence in Elections: District of Columbia Mandatory Post-Election
Audits Act'.
``(b) Requirement for Post-Election Audits.--Not later than 30 days
after each District of Columbia election, the District of Columbia
shall conduct and publish an audit of the effectiveness and accuracy of
the voting systems used to carry out the election and the performance
of the election officials who carried out the election, but in no case
shall such audit be completed later than 2 business days before the
deadline to file an election contest under the laws of the District of
Columbia.
``SEC. 329. PUBLIC OBSERVATION OF ELECTION PROCEDURES.
``(a) Short Title.--This section may be cited as the `American
Confidence in Elections: District of Columbia Public Observation of
Election Procedures Act'.
``(b) Designated Representatives of Candidates, Political Parties,
and Committees Affiliated With Ballot Initiatives.--
``(1) Authority to observe procedures.--An individual who
is not a District of Columbia election official may observe
election procedures carried out in a District of Columbia
election, as described in paragraph (2), if the individual is
designated to observe such procedures by a candidate in the
election, a political party, or a committee affiliated with a
ballot initiative or referendum in the election.
``(2) Authority and procedures described.--The authority of
an individual to observe election procedures pursuant to this
subsection is as follows:
``(A) The individual may serve as a poll watcher to
observe the casting and tabulation of ballots at a
polling place on the date of the election or on any day
prior to the date of the election on which ballots are
cast at early voting sites, and may challenge the
casting or tabulation of any such ballot.
``(B) The individual may serve as a poll watcher to
observe the canvassing and processing of absentee or
other mail-in ballots, including the procedures for
verification of signed certificates of transmission
under section 330(c)(2).
``(C) The individual may observe the recount of the
results of the election at any location at which the
recount is held, and may challenge the tabulation of
any ballot tabulated pursuant to the recount.
``(3) Provision of credentials.--The chief State election
official of the District of Columbia shall provide each
individual who is authorized to observe election procedures
under paragraph (1) with appropriate credentials to enable the
individual to observe such procedures.
``(4) Exception for candidates and law enforcement
officers.--An individual may not serve as a poll watcher under
subparagraph (A) or (B) of paragraph (2), and the chief State
election official of the District of Columbia may not provide
the individual with credentials to enable the individual to
serve as a poll watcher under such subparagraph, if the
individual is a candidate in the election or a law enforcement
officer.
``(c) Other Individuals.--
``(1) Petition for observer credentials.--In addition to
the individuals described in subsection (b), any individual,
including an individual representing or affiliated with a
domestic or international organization, may petition the chief
State election official of the District of Columbia to provide
the individual with credentials to observe election procedures
carried out in a District of Columbia election, as described in
subsection (b).
``(2) Authority described.--If the chief State election
official provides an individual with credentials under
paragraph (1), the individual shall have the same authority to
observe election procedures carried out in the election as an
individual described in subsection (b), except that the
individual may not challenge the casting, tabulation,
canvassing, or processing of any ballot in the election.
``(3) Exception for candidates and law enforcement
officers.--The chief State election official of the District of
Columbia may not provide an individual who is a candidate in
the election or a law enforcement officer with credentials to
serve as a poll watcher, as described in subparagraph (A) or
(B) of subsection (b)(2).
``(d) Authority of Members of Public To Observe Testing of
Equipment.--In addition to the authority of individuals to observe
procedures under subsections (b) and (c), any member of the public may
observe the testing of election equipment by election officials prior
to the date of the election.
``(e) Prohibiting Limits on Ability To View Procedures.--An
election official may not obstruct the ability of an individual who is
authorized to observe an election procedure under this section to view
the procedure as it is being carried out.
``(f) Prohibition Against Certain Restrictions.--An election
official may not require that an individual who observes election
procedures under this section stays more than 3 feet away from the
procedure as it is being carried out.
``SEC. 330. REQUIREMENTS FOR VOTING BY MAIL-IN BALLOT.
``(a) Short Title.--This section may be cited as the `American
Confidence in Elections: District of Columbia Mail Balloting Reform
Act'.
``(b) Prohibiting Transmission of Unsolicited Ballots.--The
District of Columbia may not transmit an absentee or other mail-in
ballot for a District of Columbia election to any individual who does
not request the District of Columbia to transmit the ballot.
``(c) Signature Verification.--
``(1) Inclusion of certificate with ballot.--The District
of Columbia shall include with each absentee or other mail-in
ballot transmitted for a District of Columbia election a
certificate of transmission which may be signed by the
individual for whom the ballot is transmitted.
``(2) Requiring verification for ballot to be counted.--
Except as provided in subsection (d), the District of Columbia
may not accept an absentee or other mail-in ballot for a
District of Columbia election unless--
``(A) the individual for whom the ballot was
transmitted--
``(i) signs and dates the certificate of
transmission included with the ballot under
paragraph (1); and
``(ii) includes the signed certification
with the ballot and the date on such
certification is accurate and in no case later
than the date of the election; and
``(B) the individual's signature on the ballot
matches the signature of the individual on the official
list of registered voters in the District of Columbia
or other official record or document used by the
District of Columbia to verify the signatures of
voters.
``(d) Notice and Opportunity To Cure.--
``(1) Notice and opportunity to cure discrepancy in
signatures.--If an individual submits an absentee or other
mail-in ballot for a District of Columbia election and the
appropriate District of Columbia election official determines
that a discrepancy exists between the signature on such ballot
and the signature of such individual on the official list of
registered voters in the District of Columbia or other official
record or document used by the District of Columbia to verify
the signatures of voters, such election official, prior to
making a final determination as to the validity of such ballot,
shall--
``(A) make a good faith effort to immediately
notify the individual by mail, telephone, or (if
available) text message and electronic mail that--
``(i) a discrepancy exists between the
signature on such ballot and the signature of
the individual on the official list of
registered voters in the District of Columbia
or other official record or document used by
the District of Columbia to verify the
signatures of voters; and
``(ii) if such discrepancy is not cured
prior to the expiration of the 48-hour period
which begins on the date the official notifies
the individual of the discrepancy, such ballot
will not be counted; and
``(B) cure such discrepancy and count the ballot
if, prior to the expiration of the 48-hour period
described in subparagraph (A)(ii), the individual
provides the official with information to cure such
discrepancy, either in person, by telephone, or by
electronic methods.
``(2) Notice and opportunity to cure missing signature or
other defect.--If an individual submits an absentee or other
mail-in ballot for a District of Columbia election without a
signature on the ballot or the certificate of transmission
included with the ballot under subsection (c)(1) or submits an
absentee ballot with another defect which, if left uncured,
would cause the ballot to not be counted, the appropriate
District of Columbia election official, prior to making a final
determination as to the validity of the ballot, shall--
``(A) make a good faith effort to immediately
notify the individual by mail, telephone, or (if
available) text message and electronic mail that--
``(i) the ballot or certificate of
transmission did not include a signature or has
some other defect; and
``(ii) if the individual does not provide
the missing signature or cure the other defect
prior to the expiration of the 48-hour period
which begins on the date the official notifies
the individual that the ballot or certificate
of transmission did not include a signature or
has some other defect, such ballot will not be
counted; and
``(B) count the ballot if, prior to the expiration
of the 48-hour period described in subparagraph
(A)(ii), the individual provides the official with the
missing signature on a form proscribed by the District
of Columbia or cures the other defect.
This paragraph does not apply with respect to a defect
consisting of the failure of a ballot to meet the applicable
deadline for the acceptance of the ballot, as described in
subsection (e).
``(e) Deadline for Acceptance.--
``(1) Deadline.--Except as provided in paragraph (2), the
District of Columbia may not accept an absentee or other mail-
in ballot for a District of Columbia election which is received
by the appropriate election official following the close of
polls on Election Day.
``(2) Exception for absent military and overseas voters.--
Paragraph (1) does not apply to a ballot cast by an individual
who is entitled to vote by absentee ballot under the Uniformed
and Overseas Citizens Absentee Voting Act (52 U.S.C. 20301 et
seq.).
``(3) Rule of construction.--Nothing in this subsection may
be construed as prohibiting the District of Columbia from
accepting an absentee or other mail-in ballot for a District of
Columbia election that is delivered in person by the voter to
an election official at an appropriate polling place or the
District of Columbia Board of Elections if such ballot is
received by the election official by the deadline described in
paragraph (1).
``SEC. 331. REQUIREMENTS WITH RESPECT TO USE OF DROP BOXES.
``(a) Short Title.--This section may be cited as the `American
Confidence in Elections: District of Columbia Ballot Security Act'.
``(b) Requirements.--With respect to a District of Columbia
election, the District of Columbia may not use a drop box to accept a
voted absentee or other mail-in ballot for any such election unless--
``(1) any such drop box is located inside a District of
Columbia Government building or facility;
``(2) the District of Columbia provides for the security of
any such drop box through 24-hour remote or electronic
surveillance; and
``(3) the District of Columbia Board of Elections collects
any ballot deposited in any such drop box each day after 5:00
p.m. (local time) during the period of the election.
``SEC. 332. SPECIAL RULE WITH RESPECT TO APPLICATION OF REQUIREMENTS TO
FEDERAL ELECTIONS.
``With respect to an election for Federal office in the District of
Columbia, to the extent that there is any inconsistency with the
requirements of this subtitle and the requirements of subtitle A, the
requirements of this subtitle shall apply.
``SEC. 333. DISTRICT OF COLUMBIA ELECTION DEFINED.
``In this subtitle, the term `District of Columbia election' means
any election for public office in the District of Columbia, including
an election for Federal office, and any ballot initiative or
referendum.''.
(b) Conforming Amendment Relating to Enforcement.--Section 401 of
such Act (52 U.S.C. 21111) is amended by striking the period at the end
and inserting the following: ``, and the requirements of subtitle C
with respect to the District of Columbia.''.
(c) Clerical Amendment.--The table of contents of such Act is
amended by adding at the end of the items relating to title III the
following:
``Subtitle C--Requirements for Elections in District of Columbia
``Sec. 321. Statement of Congressional authority; findings.
``Sec. 322. Requirements for photo identification.
``Sec. 323. Requirements for voter registration.
``Sec. 324. Ban on collection and transmission of ballots by
certain third parties.
``Sec. 325. Timely processing and reporting of results.
``Sec. 326. Ban on noncitizen voting.
``Sec. 327. Requirements with respect to provisional ballots.
``Sec. 328. Mandatory post-election audits.
``Sec. 329. Public observation of election procedures.
``Sec. 330. Requirements for voting by mail-in ballot.
``Sec. 331. Requirements with respect to use of drop boxes.
``Sec. 332. Special rule with respect to application of
requirements to Federal elections.
``Sec. 333. District of Columbia election defined.
SEC. 143. EFFECTIVE DATE.
The amendments made by this subtitle shall apply with respect to
District of Columbia elections held on or after January 1, 2024. For
purposes of this section, the term ``District of Columbia election''
has the meaning given such term in section 333 of the Help America Vote
Act of 2002, as added by section 142(a).
Subtitle E--Administration of the Election Assistance Commission
SEC. 151. SHORT TITLE.
This subtitle may be cited as the ``Positioning the Election
Assistance Commission for the Future Act of 2022''.
SEC. 152. FINDINGS RELATING TO THE ADMINISTRATION OF THE ELECTION
ASSISTANCE COMMISSION.
Congress finds the following:
(1) The Election Assistance Commission best serves the
American people when operating within its core statutory
functions, including serving as a clearinghouse for information
on election administration, providing grants, and testing and
certifying election equipment.
(2) The American people are best served when Federal agency
election assistance is offered by a single agency with
expertise in this space. The Election Assistance Commission,
composed of four election experts from different political
parties, is best situated among the Federal Government agencies
to offer assistance services to citizens and to guide other
Federal agencies that have responsibilities in the elections
space. The Commission is also best suited to determine the
timing of the issuance of any advisories and to disburse all
appropriated election grant funding.
(3) To this end, Congress finds that the Election
Assistance Commission should be viewed as the lead Federal
Government agency on all election administration matters, and
other Federal agencies operating in this space should look to
the Commission for guidance, direction, and support on election
administration-related issues.
SEC. 153. REQUIREMENTS WITH RESPECT TO STAFF AND FUNDING OF THE
ELECTION ASSISTANCE COMMISSION.
(a) Staff.--Section 204(a)(5) of the Help America Vote Act of 2002
(52 U.S.C. 20924(a)(5)) is amended by striking ``of such additional
personnel'' and inserting ``of not more than 55 full-time equivalent
employees to carry out the duties and responsibilities under this Act
and the additional duties and responsibilities required under the
American Confidence in Elections Act''.
(b) Funding.--Section 210 of the Help America Vote Act of 2002 (52
U.S.C. 20930) is amended--
(1) by striking ``for each of the fiscal years 2003 through
2005'' and inserting ``for each of the fiscal years 2023
through 2025''; and
(2) by striking ``(but not to exceed $10,000,000 for each
such year)'' and inserting ``(but not to exceed $25,000,000 for
each such year)''.
(c) Prohibition on Certain Use of Funds.--
(1) Prohibition.--None of the funds authorized to be
appropriated or otherwise made available under subsection (b)
may be obligated or expended for the operation of an advisory
committee established by the Election Assistance Commission
pursuant to and in accordance with the provisions of the
Federal Advisory Committee Act (5 U.S.C. App. 2), except with
respect to the operation of the Local Leadership Council.
(2) No effect on entities established by help america vote
act of 2002.--Paragraph (1) does not apply with respect to the
operation of any entity established by the Help America Vote
Act of 2002, including the Election Assistance Commission
Standards Board, the Election Assistance Commission Board of
Advisors, and the Technical Guidelines Development Committee.
(d) Requirements With Respect to Compensation of Members of the
Commission.--Section 203(d) of the Help America Vote Act of 2002 (52
U.S.C. 20923(d)) is amended--
(1) in paragraph (1), by striking ``at the annual rate of
basic pay prescribed for level IV of the Executive Schedule
under section 5315 of title 5, United States Code'' and
inserting ``at an annual rate of basic pay equal to the amount
of $186,300, as adjusted under section 5318 of title 5, United
States Code, in the same manner as the annual rate of pay for
positions at each level of the Executive Schedule'';
(2) in paragraph (2), by striking ``No member appointed''
and inserting ``Except as provided in paragraph (3), no member
appointed''; and
(3) by adding at the end the following new paragraph:
``(3) Supplemental employment and compensation.--An
individual serving a term of service on the Commission shall be
permitted to hold a position at an institution of higher
education (as such term is defined in section 101 of the Higher
Education Act of 1965 (20 U.S.C. 1001)) if--
``(A) the Inspector General of the Election
Assistance Commission determines that such position
does not create a conflict of interest with the
individual's position as a sitting member of the
Commission and grants the individual approval to hold
the position; and
``(B) the annual rate of compensation received by
the individual from such institution is not greater
than the amount equal to 49.9% of the annual rate of
basic pay paid to the individual under paragraph
(1).''.
(e) Office of Inspector General.--Section 204 of the Help America
Vote Act of 2002 (52 U.S.C. 20924) is amended by adding at the end the
following new subsection:
``(f) Office of Inspector General.--The Inspector General of the
Election Assistance Commission may appoint not more than 7 full-time
equivalent employees to assist the Inspector General to carry out the
duties and responsibilities under section 4 of the Inspector General
Act of 1978 (5 U.S.C. App. 4), of whom 2 shall have primarily
administrative duties and responsibilities.''.
(f) Effective Date.--This section and the amendments made by this
section shall take effect on October 1, 2022.
SEC. 154. EXCLUSIVE AUTHORITY OF ELECTION ASSISTANCE COMMISSION TO MAKE
ELECTION ADMINISTRATION PAYMENTS TO STATES.
(a) In General.--No entity of the Federal Government other than the
Election Assistance Commission may make any payment to a State for
purposes of administering elections for Federal office, including
obtaining election and voting equipment and infrastructure, enhancing
election and voting technology, and making election and voting security
improvements, including with respect to cybersecurity and
infrastructure.
(b) Effective Date.--Subsection (a) shall apply with respect to
payments made on or after the date of the enactment of this Act.
SEC. 155. EXECUTIVE BOARD OF THE STANDARDS BOARD AUTHORITY TO ENTER
INTO CONTRACTS.
Section 213(c) of the Help America Vote Act of 2002 (52 U.S.C.
20943(c)) is amended by adding at the end the following new paragraph:
``(5) Authority to enter into contracts.--The Executive
Board of the Standards Board may, using amounts already made
available to the Commission, enter into contracts to employ and
retain no more than 2 individuals to enable the Standards Board
to discharge its duties with respect to the examination and
release of voluntary considerations with respect to the
administration of elections for Federal offices by the States
under section 247, except that--
``(A) no more than 1 individual from the same
political party may be employed under such contracts at
the same time;
``(B) the authority to enter into such contracts
shall end on the earlier of the date of the release of
the considerations or December 31, 2023; and
``(C) no additional funds may be appropriated to
the Commission for the purposes of carrying out this
paragraph.''.
SEC. 156. ELECTION ASSISTANCE COMMISSION PRIMARY ROLE IN ELECTION
ADMINISTRATION.
Except as provided in any other provision of law, the Election
Assistance Commission shall, with respect to any other entity of the
Federal Government, have primary jurisdiction to address issues with
respect to the administration of elections for Federal office.
Subtitle F--Prohibition on Involvement in Elections by Foreign
Nationals
SEC. 161. PROHIBITION ON CONTRIBUTIONS AND DONATIONS BY FOREIGN
NATIONALS IN CONNECTION WITH BALLOT INITIATIVES AND
REFERENDA.
(a) Short Title.--This section may be cited as the ``Keeping
Foreign Money out of Ballot Measures Act of 2022''.
(b) In General.--Chapter 29 of title 18, United States Code, is
amended by adding at the end the following new section:
``Sec. 612. Foreign nationals making certain political contributions
``(a) Prohibition.--It shall be unlawful for a foreign national,
directly or indirectly, to make a contribution as such term is defined
in section 301(8)(A) of the Federal Election Campaign Act of 1971 (52
U.S.C. 30101(8)(A)) or donation of money or other thing of value, or to
make an express or implied promise to make a contribution or donation,
in connection with a State or local ballot initiative or referendum.
``(b) Penalty.--Any person who violates subsection (a) shall be
fined not more than the greater of $10,000 or 300 percent of the amount
of the contribution or value of the donation of money or other thing of
value made by the person, imprisoned for not more than 1 year, or both.
``(c) Foreign National Defined.--In this section, the term `foreign
national' has the meaning given such term in section 319(b) of the
Federal Election Campaign Act of 1971 (52 U.S.C. 30121(b)).''.
(c) Clerical Amendment.--The table of sections for chapter 29 of
title 18, United States Code, is amended by adding at the end the
following new item:
``612. Foreign nationals making certain political contributions.''.
(d) Effective Date.--The amendment made by this section shall apply
with respect to contributions and donations made on or after the date
of the enactment of this Act.
Subtitle G--Constitutional Experts Panel With Respect to Presidential
Elections
SEC. 171. SHORT TITLE.
This subtitle may be cited as the ``Solving an Overlooked Loophole
in Votes for Executives (SOLVE) Act''.
SEC. 172. ESTABLISHMENT OF PANEL OF CONSTITUTIONAL EXPERTS.
(a) Establishment.--There is established the ``Twentieth Amendment
Section Four Panel'' (in this section referred to as the ``Panel'').
(b) Membership.--
(1) In general.--The Panel shall be composed of 6
constitutional experts, of whom--
(A) 1 shall be appointed by the majority leader of
the Senate;
(B) 1 shall be appointed by the minority leader of
the Senate;
(C) 1 shall be appointed jointly by the majority
and minority leader of the Senate;
(D) 1 shall be appointed by the Speaker of the
House of Representatives;
(E) 1 shall be appointed by minority leader of the
House of Representatives; and
(F) 1 shall be appointed jointly by the Speaker of
the House of Representatives and the minority leader of
the House of Representatives.
(2) Date.--The appointments of the members of the Panel
shall be made not later than 180 days after the date of
enactment of this Act.
(3) Vacancy.--Any vacancy occurring in the membership of
the Panel shall be filled in the same manner in which the
original appointment was made.
(4) Chairperson and vice chairperson.--The Panel shall
select a Chairperson and Vice Chairperson from among the
members of the Panel.
(c) Purpose.--The purpose of the Panel shall be to recommend to
Congress model legislation, which shall provide for an appropriate
process, pursuant to section 4 of the Twentieth Amendment to the United
States Constitution, to resolve any vacancy created by the death of a
candidate in a contingent presidential or vice-presidential election.
(d) Reports.--
(1) Initial report.--Not later than 1 year after the date
on which all of the appointments have been made under
subsection (b)(2), the Panel shall submit to Congress an
interim report containing the Panel's findings, conclusions,
and recommendations.
(2) Final report.--Not later than 6 months after the
submission of the interim report under paragraph (1), the Panel
shall submit to Congress a final report containing the Panel's
findings, conclusions, and recommendations.
(e) Meetings; Information.--
(1) In general.--Meetings of the Panel shall be held at the
Law Library of Congress.
(2) Information.--The Panel may secure from the Law Library
of Congress such information as the Panel considers necessary
to carry out the provisions of this section.
(f) Funds.--
(1) Compensation of members.--Members of the Panel shall
receive no compensation.
(2) Other funding.--No amounts shall be appropriated for
the purposes of this section, except for any amounts strictly
necessary for the Law Library of Congress to execute its
responsibilities under subsection (e).
(g) Termination.--
(1) In general.--The panel established under subsection (a)
shall terminate 90 days after the date on which the panel
submits the final report required under subsection (d)(2).
(2) Records.--Upon termination of the panel, all of its
records shall become the records of the Secretary of the Senate
and the Clerk of the House of Representatives.
TITLE II--MILITARY VOTING ADMINISTRATION
Subtitle A--Findings Relating to Military Voting
SEC. 201. FINDINGS RELATING TO MILITARY VOTING.
Congress finds the following:
(1) Participation in the voting process by Americans who
serve in the Armed Forces is vital to the future of the
Republic; however, due to the realities of service around the
globe and despite many best efforts, the Nation has not always
lived up to its commitment to servicemembers that their vote be
counted.
(2) The Military and Overseas Empowerment (MOVE) Act made
great progress in solving problems with voting that many
servicemembers faced. Yet, for many, it is still difficult to
exercise the franchise, with many ballots not reaching State
elections officials until after the deadline, negating their
voice. After 13 years, Congress must address the remaining
issues.
(3) Congress finds that it is a moral imperative of
national importance that every eligible American servicemember
has the opportunity to cast a ballot in each election and, not
only that such ballot be received in time to be counted, but
that it actually be counted according to law.
Subtitle B--GAO Analysis on Military Voting Access
SEC. 211. GAO ANALYSIS AND REPORT ON EFFECTIVENESS OF FEDERAL
GOVERNMENT IN MEETING OBLIGATIONS TO PROMOTE VOTING
ACCESS FOR ABSENT UNIFORMED SERVICES VOTERS.
(a) Analysis.--The Comptroller General of the United States shall
conduct an analysis with respect to the effectiveness of the Federal
Government in carrying out its responsibilities under the Uniformed and
Overseas Citizens Absentee Voting Act (52 U.S.C. 20301 et seq.) to
promote access to voting for absent uniformed services voters (as such
term is defined in section 107 of such Act (52 U.S.C. 20310)).
(b) Report.--Not later than December 31, 2023, the Comptroller
General shall submit to the chair and ranking minority member of the
Committee on House Administration of the House of Representatives and
the chair and ranking minority member of the Committee on Rules and
Administration of the Senate a report that contains the results of the
analysis required by subsection (a).
TITLE III--PROTECTION OF POLITICAL SPEECH AND CAMPAIGN FINANCE REFORM
Subtitle A--Protecting Political Speech
SEC. 301. FINDINGS.
Congress finds the following:
(1) The structure of the Constitution and its amendments
represents the radical idea that any sovereign power exercised
by the Federal Government flows either directly from the people
or through the States they established to govern themselves. In
the words of the Ninth and Tenth Amendments, ``[t]he
enumeration in the Constitution, of certain rights, shall not
be construed to deny or disparage others retained by the
people.'' ``The powers not delegated to the United States by
the Constitution, nor prohibited by it to the States, are
reserved to the States respectively, or to the people.''
(2) Among the many freedoms it protects, the First
Amendment prevents Congress from making any law abridging the
freedom of speech, the right of the people peaceably to
assemble, or the right of the people to petition the Government
for the redress of grievances.
(3) Any proposed Federal action concerning freedom of
speech, protest, or petition must start with an analysis of the
First Amendment. Congress must ask whether the proposed action
would abridge these freedoms, and any uncertainty must be
determined in favor of fewer restrictions on speech.
(4) In particular, political speech, uttered in the
furtherance of self-government, must raise an even higher bar
to congressional abridgement. The mechanisms and media used to
offer political speech must realize the same protections.
(5) As the Supreme Court has recognized, the Constitution
grants Congress only a very narrow interest in the regulation
of political speech, the prevention of corruption or the
appearance of corruption.
(6) In order to uphold and effectuate the Constitution, any
Federal statute that goes beyond this interest must be
repealed, and Congress must exercise its Article 1 authorities
to do so.
SEC. 302. REPEAL OF LIMITS ON COORDINATED POLITICAL PARTY EXPENDITURES.
(a) Repeal of Limits.--Section 315(d) of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30116(d)) is amended--
(1) in paragraph (1)--
(A) by striking ``may make expenditures'' and
inserting ``may make expenditures, including
coordinated expenditures,''; and
(B) by striking ``Federal office, subject to the
limitations contained in paragraphs (2), (3), and (4)
of this subsection'' and inserting ``Federal office in
any amount''; and
(2) by striking paragraphs (2), (3), (4), and (5).
(b) Clarifying Treatment of Certain Party Communications as
Coordinated Expenditures.--Section 315(d) of such Act (52 U.S.C.
30116(d)), as amended by subsection (a), is amended by adding at the
end the following new paragraph:
``(2) For purposes of this subsection, if a public communication
paid for by a committee of a political party or its agent refers to a
clearly identified House or Senate candidate and is publicly
distributed or otherwise publicly disseminated in the clearly
identified candidate's jurisdiction, the communication shall be treated
as a coordinated expenditure in connection with the campaign of a
candidate for purposes of this subsection.''.
(c) Conforming Amendment Relating to Indexing.--Section 315(c) of
such Act (52 U.S.C. 30116(c)) is amended--
(1) in paragraph (1)(B)(i), by striking ``(d),''; and
(2) in paragraph (2)(B)(i), by striking ``subsections (b)
and (d)'' and inserting ``subsection (b)''.
(d) Effective Date.--The amendments made by this section shall
apply with respect to elections held during 2024 or any succeeding
year.
SEC. 303. REPEAL OF LIMIT ON AGGREGATE CONTRIBUTIONS BY INDIVIDUALS.
(a) Findings.--Congress finds that the Supreme Court of the United
States in McCutcheon v. FEC, 572 U.S. 185 (2014) determined the
biennial aggregate limits under section 315(a)(3) of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30116(a)(3)) to be
unconstitutional.
(b) Repeal.--Section 315(a) of the Federal Election Campaign Act of
1971 (52 U.S.C. 30116(a)) is amended by striking paragraph (3).
(c) Conforming Amendments.--Section 315(c) of such Act (52 U.S.C.
30116(c)) is amended by striking ``(a)(3),'' each place it appears in
paragraph (1)(B)(i), (1)(C), and (2)(B)(ii).
SEC. 304. EQUALIZATION OF CONTRIBUTION LIMITS TO STATE AND NATIONAL
POLITICAL PARTY COMMITTEES.
(a) In General.--Section 315(a)(1) of the Federal Election Campaign
Act of 1971 (52 U.S.C. 30116(a)(1)) is amended--
(1) in subparagraph (B), by striking ``a national political
party'' and inserting ``a national or State political party'';
(2) by adding ``or'' at the end of subparagraph (B);
(3) in subparagraph (C), by striking ``; or'' and inserting
a period; and
(4) by striking subparagraph (D).
(b) Contributions by Multicandidate Political Committees.--
(1) In general.--Section 315(a)(2)(B) of such Act (52
U.S.C. 30116(a)(2)(B)) is amended by striking ``a national
political party'' and inserting ``a national or State political
party''.
(2) Price index adjustment.--Section 315(c) of such Act (52
U.S.C. 30116(c)) is amended--
(A) in paragraph (1), by adding at the end the
following new subparagraph:
``(D) In any calendar year after 2022--
``(i) a threshold established by subsection (a)(2) shall be
increased by the percent difference determined under
subparagraph (A);
``(ii) each amount so increased shall remain in effect for
the calendar year; and
``(iii) if any amount after adjustment under clause (i) is
not a multiple of $100, such amount shall be rounded to the
nearest multiple of $100.''; and
(B) in paragraph (2)(B)--
(i) in clause (i), by striking ``and'' at
the end;
(ii) in clause (ii), by striking the period
at the end and inserting ``; and''; and
(iii) by adding at the end the following
new clause:
``(iii) for purposes of subsection (a)(2), calendar
year 2022.''.
(c) Acceptance of Additional Amounts for Certain Accounts.--
(1) Permitting acceptance of additional amounts in same
manner as national parties.--Section 315(a) of such Act (52
U.S.C. 30116(a)) is amended--
(A) in paragraph (1)(B), by striking ``paragraph
(9)'' and inserting ``paragraph (9) or paragraph
(10)''; and
(B) in paragraph (2)(B), by striking ``paragraph
(9)'' and inserting ``paragraph (9) or paragraph
(10)''.
(2) Accounts.--Section 315(a)(9) of such Act (52 U.S.C.
30116(a)(9)) is amended by striking ``national committee of a
political party'' each place it appears in subparagraphs (A),
(B), and (C) and inserting ``committee of a national or State
political party''.
(3) State party convention accounts described.--Section
315(a) of such Act (52 U.S.C. 30116(a)) is amended by adding at
the end the following new paragraph:
``(10) An account described in this paragraph is a separate,
segregated account of a political committee established and maintained
by a State committee of a political party which is used solely to
defray--
``(A) expenses incurred with respect to carrying out State
party nominating activities or other party-building
conventions; or
``(B) expenses incurred with respect to providing for the
attendance of delegates at a presidential nominating
convention, but only to the extent that such expenses are not
paid for from the account described in paragraph (9)(A).''.
(d) Clarification of Indexing of Amounts To Ensure Equalization of
Party Contribution Limits.--For purposes of applying section 315(c) of
such Act (52 U.S.C. 30116(c)) to limits on the amount of contributions
to political committees established and maintained by a State political
party, the amendments made by this section shall be considered to have
been included in section 307 of the Bipartisan Campaign Reform Act of
2002 (Public Law 107-55; 116 Stat. 102).
(e) Effective Date.--The amendments made by this section shall
apply with respect to elections held during 2024 or any succeeding
year.
SEC. 305. EXPANSION OF PERMISSIBLE FEDERAL ELECTION ACTIVITY BY STATE
AND LOCAL POLITICAL PARTIES.
(a) Expansion of Permissible Use of Funds Not Subject to
Contribution Limits or Source Prohibitions by State and Local Political
Parties for Federal Election Activity.--Section 323(b)(2) of the
Federal Election Campaign Act of 1971 (52 U.S.C. 30125(b)(2)) is
amended to read as follows:
``(2) Applicability.--Notwithstanding section 301(20), for
purposes of paragraph (1), an amount that is expended or
disbursed by a State, district, or local committee of a
political party shall be considered to be expended or disbursed
for Federal election activity only if the committee coordinated
the expenditure or disbursement of the amount with a candidate
for election for Federal office or an authorized committee of a
candidate for election for Federal office.''.
(b) Conforming Amendments.--
(1) Fundraising costs.--Section 323(c) of such Act (52
U.S.C. 30125(c)) is amended by adding at the end the following
new sentence: ``In the case of a person described in subsection
(b), the previous sentence applies only if the amount was spent
by such person in coordination with a candidate for election
for Federal office or an authorized committee of a candidate
for election for Federal office, as determined pursuant to
regulations promulgated by the Commission for the purpose of
determining whether a political party communication is
coordinated with a candidate, a candidate's authorized
committee, or an agent thereof.''.
(2) Appearance of federal candidates or officeholders at
fundraising events.--Section 323(e)(3) of such Act (52 U.S.C.
30125(e)(3)) is amended by striking ``subsection (b)(2)(C)''
and inserting ``subsection (b)''.
SEC. 306. PARTICIPATION IN JOINT FUNDRAISING ACTIVITIES BY MULTIPLE
POLITICAL COMMITTEES.
(a) Findings.--Congress finds the following:
(1) While Federal law permits the Federal Election
Commission to engage in certain ``gap-filling'' activities as
it administers the Federal Election Campaign Act of 1971, the
regulations promulgated by the Federal Election Commission to
govern joint fundraising activities of multiple political
committees are not tied specifically to any particular
provision of the Act, and while these regulations generally
duplicate the provisions of the Act, they also impose
additional and unnecessary burdens on political committees
which seek to engage in joint fundraising activities, such as a
requirement for written agreements between the participating
committees.
(2) It is therefore not necessary at this time to direct
the Federal Election Commission to repeal the existing
regulations which govern joint fundraising activities of
multiple political committees, as some political committees may
have reasons for following the provisions of such regulations
which impose additional and unnecessary burdens on these
activities.
(b) Criteria for Participation in Joint Fundraising Activities.--
Section 302 of the Federal Election Campaign Act of 1971 (52 U.S.C.
30102) is amended by adding at the end the following new subsection:
``(j) Criteria for Participation in Joint Fundraising Activities by
Multiple Political Committees.--
``(1) Criteria described.--Two or more political committees
as defined in this Act may participate in joint fundraising
activities in accordance with the following criteria:
``(A) The costs of the activities shall be
allocated among and paid for by the participating
committees on the basis of the allocation among the
participating committees of the contributions received
as a result of the activities.
``(B) Notwithstanding subparagraph (A), a
participating committee may make a payment (in whole or
in part) for the portion of the costs of the activities
which is allocated to another participating committee,
and the amount of any such payment shall be treated as
a contribution made by the committee to the other
participating committee.
``(C) The provisions of section 315(a)(8) regarding
the treatment of contributions to a candidate which are
earmarked or otherwise directed through an intermediary
or conduit shall apply to contributions made by a
person to a participating committee which are allocated
by the committee to another participating committee.
``(2) Rule of construction.--Nothing in this subsection may
be construed to prohibit two or more political committees from
participating in joint fundraising activities by designating or
establishing a separate, joint committee subject to the
registration and reporting requirements of this Act or by
publishing a joint fundraising notice.''.
SEC. 307. PROTECTING PRIVACY OF DONORS TO TAX-EXEMPT ORGANIZATIONS.
(a) Short Title.--This section may be cited as the ``Speech Privacy
Act of 2022''.
(b) Restrictions on Collection of Donor Information.--
(1) Restrictions.--An entity of the Federal Government may
not collect or require the submission of information on the
identification of any donor to a tax-exempt organization.
(2) Exceptions.--Paragraph (1) does not apply to the
following:
(A) The Internal Revenue Service, acting lawfully
pursuant to section 6033 of the Internal Revenue Code
of 1986 or any successor provision.
(B) The Secretary of the Senate and the Clerk of
the House of Representatives, acting lawfully pursuant
to section 3 of the Lobbying Disclosure Act of 1995 (2
U.S.C. 1604).
(C) The Federal Election Commission, acting
lawfully pursuant to section 510 of title 36, United
States Code.
(D) An entity acting pursuant to a lawful order of
a court or administrative body which has the authority
under law to direct the entity to collect or require
the submission of the information, but only to the
extent permitted by the lawful order of such court or
administrative body.
(c) Restrictions on Release of Donor Information.--
(1) Restrictions.--An entity of the Federal Government may
not disclose to the public information revealing the
identification of any donor to a tax-exempt organization.
(2) Exceptions.--Paragraph (1) does not apply to the
following:
(A) The Internal Revenue Service, acting lawfully
pursuant to section 6104 of the Internal Revenue Code
of 1986 or any successor provision.
(B) The Secretary of the Senate and the Clerk of
the House of Representatives, acting lawfully pursuant
to section 3 of the Lobbying Disclosure Act of 1995 (2
U.S.C. 1604).
(C) The Federal Election Commission, acting
lawfully pursuant to section 510 of title 36, United
States Code.
(D) An entity acting pursuant to a lawful order of
a court or administrative body which has the authority
under law to direct the entity to disclose the
information, but only to the extent permitted by the
lawful order of such court or administrative body.
(E) An entity which discloses the information as
authorized by the organization.
(d) Tax-Exempt Organization Defined.--In this section, a ``tax-
exempt organization'' means an organization which is described in
section 501(c) of the Internal Revenue Code of 1986 and is exempt from
taxation under section 501(a) of such Code. Nothing in this subsection
may be construed to treat a political organization under section 527 of
such Code as a tax-exempt organization for purposes of this section.
(e) Penalties.--It shall be unlawful for any officer or employee of
the United States, or any former officer or employee, willfully to
disclose to any person, except as authorized in this section, any
information revealing the identification of any donor to a tax-exempt
organization. Any violation of this section shall be a felony
punishable upon conviction by a fine in any amount not exceeding
$250,000, or imprisonment of not more than 5 years, or both, together
with the costs of prosecution, and if such offense is committed by any
officer or employee of the United States, he shall, in addition to any
other punishment, be dismissed from office or discharged from
employment upon conviction for such offense.
SEC. 308. REPORTING REQUIREMENTS FOR TAX-EXEMPT ORGANIZATIONS.
(a) Short Title.--This section may be cited as the ``Don't
Weaponize the IRS Act''.
(b) Organizations Exempt From Reporting.--
(1) Gross receipts threshold.--Clause (ii) of section
6033(a)(3)(A) of the Internal Revenue Code of 1986 is amended
by striking ``$5,000'' and inserting ``$50,000''.
(2) Organizations described.--Subparagraph (C) of section
6033(a)(3) of the Internal Revenue Code of 1986 is amended--
(A) by striking ``and'' at the end of clause (v),
(B) by striking the period at the end of clause
(vi) and inserting a semicolon, and
(C) by adding at the end the following new clauses:
``(vii) any other organization described in
section 501(c) (other than a private foundation
or a supporting organization described in
section 509(a)(3)); and
``(viii) any organization (other than a
private foundation or a supporting organization
described in section 509(a)(3)) which is not
described in section 170(c)(2)(A), or which is
created or organized in a possession of the
United States, which has no significant
activity (including lobbying and political
activity and the operation of a trade or
business) other than investment activity in the
United States.''.
(3) Effective date.--The amendments made by this subsection
shall apply to taxable years ending after the date of the
enactment of this Act.
(c) Clarification of Application to Section 527 Organizations.--
(1) In general.--Paragraph (1) of section 6033(g) of the
Internal Revenue Code of 1986 is amended--
(A) by striking ``This section'' and inserting
``Except as otherwise provided by this subsection, this
section'', and
(B) by striking ``for the taxable year.'' and
inserting ``for the taxable year in the same manner as
to an organization exempt from taxation under section
501(a).''.
(2) Effective date.--The amendments made by this subsection
shall apply to taxable years ending after the date of the
enactment of this Act.
(d) Reporting of Names and Addresses of Contributors.--
(1) In general.--Paragraph (1) of section 6033(a) of the
Internal Revenue Code of 1986 is amended by adding at the end
the following: ``Except as provided in subsections (b)(5) and
(g)(2)(B), such annual return shall not be required to include
the names and addresses of contributors to the organization.''.
(2) Application to section 527 organizations.--Paragraph
(2) of section 6033(g) of the Internal Revenue Code of 1986 is
amended--
(A) by striking ``and'' at the end of subparagraph
(A),
(B) by redesignating subparagraph (B) as
subparagraph (C), and
(C) by inserting after subparagraph (A) the
following new subparagraph:
``(B) containing the names and addresses of all
substantial contributors, and''.
(3) Effective date.--The amendments made by this subsection
shall apply to taxable years ending after the date of the
enactment of this Act.
SEC. 309. MAINTENANCE OF STANDARDS FOR DETERMINING ELIGIBILITY OF
SECTION 501(C)(4) ORGANIZATIONS.
(a) In General.--The Department of the Treasury, including the
Internal Revenue Service, may not issue, revise, or finalize any
regulation, revenue ruling, or other guidance not limited to a
particular taxpayer relating to the standard which is used to determine
whether an organization is operated exclusively for the promotion of
social welfare for purposes of section 501(c)(4) of the Internal
Revenue Code of 1986 (including the proposed regulations published at
78 Fed. Reg. 71535 (November 29, 2013)).
(b) Application of Current Standards and Definitions.--The standard
and definitions as in effect on January 1, 2010, which are used to make
determinations described in subsection (a) shall apply after the date
of the enactment of this Act for purposes of determining status under
section 501(c)(4) of such Code of organizations created on, before, or
after such date.
SEC. 310. INCREASED FUNDING FOR THE 10-YEAR PEDIATRIC RESEARCH
INITIATIVE FUND.
(a) Short Title.--This section may be cited as the ``Jonny Wade
Pediatric Cancer Research Act''.
(b) Findings Relating to Pediatric Cancer.--Congress finds that
pediatric cancer--
(1) kills over 100,000 children annually worldwide;
(2) reduces a child's life expectancy by 69 years once
diagnosed;
(3) increases the likelihood of a secondary cancer;
(4) is the leading cause of death by disease in children;
(5) affects over 300,000 children annually worldwide; and
(6) gives life-long adverse side effects to the patient.
(c) Findings Relating to Pediatric Cancer Research.--Congress finds
that pediatric cancer research--
(1) increases new treatments for safety and effectiveness;
(2) increases the likelihood of identifying a secondary
cancer after treatment;
(3) increases survival rates for children;
(4) increases the identity factors that may be associated
with reducing risk;
(5) enhances our understanding of the fundamental
mechanisms of cancer;
(6) increases survivorship research to reduce the long-term
adverse effects of cancer and its treatment; and
(7) increases the ability to identify the likely causes of
pediatric cancer.
(d) Findings Relating to Public Financing of Presidential
Elections.--Congress finds that--
(1) the Presidential Election Campaign Fund has a surplus
of $392 million; and
(2) no major party candidate in the general Presidential
election has accepted public financing since 2008.
(e) Termination of Designation of Income Tax Payments.--Section
6096 of the Internal Revenue Code of 1986 is amended by adding at the
end the following new subsection:
``(d) Termination.--This section shall not apply to taxable years
beginning after December 31, 2022.''.
(f) Termination of Fund and Account.--
(1) Termination of presidential election campaign fund.--
(A) In general.--Chapter 95 of subtitle H of such
Code is amended by adding at the end the following new
section:
``SEC. 9014. TERMINATION.
``The provisions of this chapter shall not apply with respect to
any presidential election (or any presidential nominating convention)
after the date of the enactment of this section, or to any candidate in
such an election.''.
(B) Transfer of remaining funds.--Section 9006 of
such Code is amended by adding at the end the following
new subsection:
``(d) Transfer of Funds Remaining After Termination.--The Secretary
shall transfer the amounts in the fund as of the date of the enactment
of this subsection to the 10-Year Pediatric Research Initiative Fund
described in section 9008(c)(2), to be available as described in such
section and to remain so available until expended.''.
(2) Termination of account.--Chapter 96 of subtitle H of
such Code is amended by adding at the end the following new
section:
``SEC. 9043. TERMINATION.
``The provisions of this chapter shall not apply to any candidate
with respect to any presidential election after the date of the
enactment of this section.''.
(g) Payments for Presidential Nominating Conventions.--Section 9008
of the Internal Revenue Code of 1986 is amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``under paragraph
(3)'';
(B) in paragraph (2), by striking ``under paragraph
(3)'';
(C) by striking paragraph (3); and
(D) by redesignating paragraphs (4) and (5) as
paragraphs (3) and (4);
(2) by striking subsections (c) through (h); and
(3) by redesignating subsection (i) as subsection (c).
(h) Clerical Amendments.--
(1) The table of sections for chapter 95 of subtitle H of
such Code is amended by adding at the end the following new
item:
``Sec. 9014. Termination.''.
(2) The table of sections for chapter 96 of subtitle H of
such Code is amended by adding at the end the following new
item:
``Sec. 9043. Termination.''.
(i) Sense of Congress Regarding NIH Research.--The Congress
encourages the Director of the National Institutes of Health to oversee
and coordinate research that is conducted or supported by the National
Institutes of Health for research on pediatric cancer and other
pediatric diseases and conditions, including through the 10-Year
Pediatric Research Initiative Fund.
(j) Avoiding Replicate.--Clause (ii) of section 402(b)(7)(B) of the
Public Health Service Act (42 U.S.C. 282(b)(7)(B)) is amended by
inserting ``and shall prioritize such pediatric research that does not
replicate existing research activities of the National Institutes of
Health'' before ``; and''.
Subtitle B--Prohibition on Use of Federal Funds for Congressional
Campaigns
SEC. 311. PROHIBITING USE OF FEDERAL FUNDS FOR PAYMENTS IN SUPPORT OF
CONGRESSIONAL CAMPAIGNS.
No Federal funds, including amounts attributable to the collection
of fines and penalties, may be used to make any payment in support of a
campaign for election for the office of Senator or Representative in,
or Delegate or Resident Commissioner to, the Congress.
Subtitle C--Registration and Reporting Requirements
SEC. 321. REPORTING REQUIREMENTS WITH RESPECT TO ELECTIONEERING
COMMUNICATIONS.
Section 304(a)(11)(A)(i) of the Federal Election Campaign Act of
1971 (52 U.S.C. 30104(a)(11)(A)(i)) is amended by inserting ``or makes,
or has reason to expect to make, electioneering communications'' after
``expenditures''.
SEC. 322. INCREASED QUALIFYING THRESHOLD AND ESTABLISHING PURPOSE FOR
POLITICAL COMMITTEES.
(a) In General.--Section 301(4) of the Federal Election Campaign
Act of 1971 (52 U.S.C. 30101(4)) is amended to read as follows:
``(4) The term `political committee' means--
``(A) any committee, club, association, or other
group of persons, including any local committee of a
political party, which receives contributions
aggregating in excess of $25,000 during a calendar year
or which makes expenditures aggregating in excess of
$25,000 during a calendar year and which is under the
control of a candidate or has the major purpose of
nominating or electing a candidate; or
``(B) any separate segregated fund established
under the provisions of section 316(b).''.
(b) Definition.--Section 301 of such Act (52 U.S.C. 30101) is
amended by adding at the end the following new paragraph:
``(27) Major purpose of nominating or electing a
candidate.--The term `major purpose of nominating or electing a
candidate' means, with respect to a group of persons described
in paragraph (4)(A)--
``(A) a group whose central organizational purpose
is to expressly advocate for the nomination, election,
or defeat of a candidate; or
``(B) a group for which the majority of its
spending throughout its lifetime of existence has been
on contributions, expenditures, or independent
expenditures.''.
(c) Price Index Adjustment for Political Committee Threshold.--
Section 315(c) of such Act (52 U.S.C. 30116(c)), as amended by section
304(b), is amended--
(1) in paragraph (1), by adding at the end the following
new subparagraph:
``(E) In any calendar year after 2022--
``(i) a threshold established by section 301(4)(A) or
301(4)(C) shall be increased by the percent difference
determined under subparagraph (A);
``(ii) each amount so increased shall remain in effect for
the calendar year; and
``(iii) if any amount after adjustment under clause (i) is
not a multiple of $100, such amount shall be rounded to the
nearest multiple of $100.''; and
(2) in paragraph (2)(B)--
(A) in clause (ii), by striking ``and'' at the end;
(B) in clause (iii), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following new clause:
``(iv) for purposes of sections 301(4)(A) and
301(4)(C), calendar year 2022.''.
(d) Effective Date.--The amendments made by this section shall
apply with respect to elections held during 2024 or any succeeding
year.
SEC. 323. INCREASED THRESHOLD WITH RESPECT TO INDEPENDENT EXPENDITURE
REPORTING REQUIREMENT.
(a) In General.--Section 304(c)(1) of the Federal Election Campaign
Act of 1971 (52 U.S.C. 30104(c)(1)) is amended by striking ``$250'' and
inserting ``$1,000''.
(b) Price Index Adjustment for Independent Expenditure Reporting
Threshold.--Section 315(c) of the Federal Election Campaign Act of 1971
(52 U.S.C. 30116(c)), as amended by sections 304(b) and 322(b), is
amended--
(1) in paragraph (1), by adding at the end the following
new subparagraph:
``(F) In any calendar year after 2022--
``(i) a threshold established by section 304(c)(1) shall be
increased by the percent difference determined under
subparagraph (A);
``(ii) each amount so increased shall remain in effect for
the calendar year; and
``(iii) if any amount after adjustment under clause (i) is
not a multiple of $100, such amount shall be rounded to the
nearest multiple of $100.''; and
(2) in paragraph (2)(B)--
(A) in clause (iii), by striking ``and'' at the
end;
(B) in clause (iv), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following new clause:
``(v) for purposes of section 304(c)(1), calendar
year 2022.''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to elections held during 2024 or any succeeding
year.
SEC. 324. INCREASED QUALIFYING THRESHOLD WITH RESPECT TO CANDIDATES.
(a) Increase in Threshold.--Section 301(2) of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30101(2)) is amended by striking
``$5,000'' each place it appears and inserting ``$10,000''.
(b) Price Index Adjustment for Exemption of Certain Amounts as
Contributions.--Section 315(c) of such Act (52 U.S.C. 30116(c)), as
amended by sections 304(b), 322(b), and 323(b), is amended--
(1) in paragraph (1), by adding at the end the following
new subparagraph:
``(G) In any calendar year after 2022--
``(i) a threshold established by sections 301(2) shall be
increased by the percent difference determined under
subparagraph (A);
``(ii) each amount so increased shall remain for the 2-year
period that begins on the first day following the date of the
general election in the year preceding the year in which the
amount is increased and ending on the date of the next general
election; and
``(iii) if any amount after adjustment under clause (i) is
not a multiple of $100, such amount shall be rounded to the
nearest multiple of $100.''; and
(2) in paragraph (2)(B)--
(A) in clause (iv), by striking ``and'' at the end;
(B) in clause (v), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following new clause:
``(vi) for purposes of sections 301(2), calendar
year 2022.''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to elections held during 2024 or any succeeding
year.
SEC. 325. REPEAL REQUIREMENT OF PERSONS MAKING INDEPENDENT EXPENDITURES
TO REPORT IDENTIFICATION OF CERTAIN DONORS.
(a) Repeal.--Section 304(c)(2) of the Federal Election Campaign Act
of 1971 (52 U.S.C. 30104(c)(2)) is amended--
(1) in subparagraph (A), by adding ``and'' at the end;
(2) in subparagraph (B), by striking ``; and'' and
inserting a period; and
(3) by striking subparagraph (C).
(b) Conforming Amendment.--Section 304(c)(1) of such Act (52 U.S.C.
30104(c)(1)) is amended by striking ``the information required under
subsection (b)(3)(A) for all contributions received by such person''
and inserting ``the information required under paragraph (2)''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to independent expenditures made on or after the
date of the enactment of this Act.
Subtitle D--Exclusion of Certain Amounts From Treatment as
Contributions or Expenditures
SEC. 331. INCREASED THRESHOLD FOR EXEMPTION OF CERTAIN AMOUNTS AS
CONTRIBUTIONS.
(a) Real or Personal Property Exemption.--Section 301(8)(B)(ii) of
the Federal Election Campaign Act of 1971 (52 U.S.C. 30101(8)(B)(ii))
is amended--
(1) by striking ``$1,000'' and inserting ``$2,000''; and
(2) by striking ``$2,000'' and inserting ``$4,000''.
(b) Travel Expenses Exemption.--Section 301(8)(B)(iv) of the
Federal Election Campaign Act of 1971 (52 U.S.C. 30101(8)(B)(iv)) is
amended--
(1) by striking ``$1,000'' and inserting ``$2,000''; and
(2) by striking ``$2,000'' and inserting ``$4,000''.
(c) Price Index Adjustment for Exemption of Certain Amounts as
Contributions.--Section 315(c) of such Act (52 U.S.C. 30116(c)), as
amended by sections 304(b), 322(b), 323(b), and 324(b) is amended--
(1) in paragraph (1), by adding at the end the following
new subparagraph:
``(H) In any calendar year after 2022--
``(i) the exemption amounts established by section
301(8)(B)(ii) or 301(8)(B)(iv) shall be increased by the
percent difference determined under subparagraph (A);
``(ii) each amount so increased shall remain for the 2-year
period that begins on the first day following the date of the
general election in the year preceding the year in which the
amount is increased and ending on the date of the next general
election; and
``(iii) if any amount after adjustment under clause (i) is
not a multiple of $100, such amount shall be rounded to the
nearest multiple of $100.''; and
(2) in paragraph (2)(B)--
(A) in clause (v), by striking ``and'' at the end;
(B) in clause (vi), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following new clause:
``(vii) for purposes of section 301(8)(B)(ii) or
301(8)(B)(iv), calendar year 2022.''.
(d) Effective Date.--The amendments made by this section shall
apply with respect to elections held during 2024 or any succeeding
year.
SEC. 332. EXEMPTION OF UNCOMPENSATED INTERNET COMMUNICATIONS FROM
TREATMENT AS CONTRIBUTION OR EXPENDITURE.
(a) Exemptions.--
(1) Exemption from treatment as contribution.--Section
301(8)(B) of the Federal Election Campaign Act of 1971 (52
U.S.C. 30101(8)(B)) is amended--
(A) by striking ``and'' at the end of clause
(xiii);
(B) by striking the period at the end of clause
(xiv) and inserting ``; and''; and
(C) by adding at the end the following new clause:
``(xv) any payment by any person in producing and
disseminating any information or communication on the Internet,
Internet platform or other Internet-enabled application, unless
the information or communication is disseminated for a fee on
another person's website, platform or other Internet-enabled
application, whether coordinated or not.''.
(2) Exemption from treatment as expenditure.--Section
301(9)(B) of such Act (52 U.S.C. 30101(9)(B)) is amended--
(A) by striking ``and'' at the end of clause (ix);
(B) by striking the period at the end of clause (x)
and inserting ``; and''; and
(C) by adding at the end the following new clause:
``(xi) any cost incurred by any person in producing and
disseminating any information or communication on the Internet,
Internet platform or other Internet-enabled application, unless
the information or communication is disseminated for a fee on
another person's website, platform or other Internet-enabled
application.''.
(b) Application to Definition of Public Communications.--Section
301(22) of such Act (52 U.S.C. 30101(22)) is amended by adding at the
end the following: ``In the previous sentence, the terms `public
communication' and `general public political advertising' do not
include communications disseminated over the Internet or via an
Internet platform or other Internet-enabled application, unless the
communication or advertising is disseminated for a fee on another
person's website, platform or other internet-enabled application.''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to elections held during 2024 or any succeeding
year.
SEC. 333. MEDIA EXEMPTION.
(a) Expansion of Exemption to Additional Forms of Media.--Section
301(9)(B)(i) of the Federal Election Campaign Act of 1971 (52 U.S.C.
30101(9)(B)(i)) is amended to read as follows:
``(i) any news story, commentary, or editorial
distributed through the facilities of any broadcasting,
cable, satellite, or internet-based station,
programmer, operator or producer; newspaper, magazine,
or other periodical publisher; electronic publisher,
platform, or application; book publisher; or filmmaker
or film producer, distributor or exhibitor, unless such
facilities are owned or controlled by any political
party, political committee, or candidate;''.
(b) Application to Contributions.--Section 301(8)(B) of such Act
(52 U.S.C. 30101(8)(B)), as amended by section 332(a)(1), is amended--
(1) by redesignating clauses (i) through (xv) as clauses
(ii) through (xvi); and
(2) by inserting before clause (ii) (as so redesignated)
the following new clause:
``(i) any payment for any news story, commentary,
or editorial distributed through the facilities of any
broadcasting, cable, satellite, or internet-based
station, programmer, operator or producer; newspaper,
magazine, or other periodical publisher; electronic
publisher, platform, or application; book publisher; or
filmmaker or film producer, distributor or
exhibitor.''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to elections held during 2024 or any succeeding
year.
Subtitle E--Prohibition on Issuance of Regulations on Political
Contributions
SEC. 341. PROHIBITION ON ISSUANCE OF REGULATIONS ON POLITICAL
CONTRIBUTIONS.
The Securities and Exchange Commission may not finalize, issue, or
implement any rule, regulation, or order regarding the disclosure of
political contributions, contributions to tax exempt organizations, or
dues paid to trade associations.
Subtitle F--Miscellaneous Provisions
SEC. 351. PERMANENT EXTENSION OF FINES FOR QUALIFIED DISCLOSURE
REQUIREMENT VIOLATIONS.
Section 309(a)(4)(C)(v) of the Federal Election Campaign Act of
1971 (52 U.S.C. 30109(a)(4)(C)(v)) is amended by striking ``, and that
end on or before December 31, 2023''.
SEC. 352. POLITICAL COMMITTEE DISBURSEMENT REQUIREMENTS.
Section 302(h)(1) of the Federal Election Campaign Act of 1971 (52
U.S.C. 30102(h)(1)) is amended by striking ``except by check drawn on
such accounts in accordance with this section'' and inserting ``except
from such accounts''.
SEC. 353. DESIGNATION OF INDIVIDUAL AUTHORIZED TO MAKE CAMPAIGN
COMMITTEE DISBURSEMENTS IN EVENT OF DEATH OF CANDIDATE.
(a) In General.--Section 302 of the Federal Election Campaign Act
of 1971 (52 U.S.C. 30102), as amended by section 307(b), is amended by
adding at the end the following new subsection:
``(k)(1) Each candidate may, with respect to each authorized
committee of the candidate, designate an individual who shall be
responsible for disbursing funds in the accounts of the committee in
the event of the death of the candidate, and may also designate another
individual to carry out the responsibilities of the designated
individual under this subsection in the event of the death or
incapacity of the designated individual or the unwillingness of the
designated individual to carry out the responsibilities.
``(2) In order to designate an individual under this subsection,
the candidate shall file with the Commission a signed written statement
(in a standardized form developed by the Commission) that contains the
name and address of the individual and the name of the authorized
committee for which the designation shall apply, and that may contain
the candidate's instructions regarding the disbursement of the funds
involved by the individual. At any time after filing the statement, the
candidate may revoke the designation of an individual by filing with
the Commission a signed written statement of revocation (in a
standardized form developed by the Commission).
``(3)(A) Upon the death of a candidate who has designated an
individual for purposes of paragraph (1), funds in the accounts of each
authorized committee of the candidate may be disbursed only under the
direction and in accordance with the instructions of such individual,
subject to the terms and conditions applicable to the disbursement of
such funds under this Act or any other applicable Federal or State law
(other than any provision of State law which authorizes any person
other than such individual to direct the disbursement of such funds).
``(B) Subparagraph (A) does not apply with respect to an authorized
committee if, at the time of the candidate's death, the authorized
committee has a treasurer or a designated agent of the treasurer as
described in section 302(a), unless the treasurer or designated agent
is incapacitated or cannot be reached by the authorized committee.
``(C) Nothing in this paragraph may be construed to grant any
authority to an individual who is designated pursuant to this
subsection other than the authority to direct the disbursement of funds
as provided in such paragraph, or may be construed to affect the
responsibility of the treasurer of an authorized committee for which
funds are disbursed in accordance with such paragraph to file reports
of the disbursements of such funds under section 304(a).''.
(b) Inclusion of Designation in Statement of Organization of
Committee.--Section 303(b) of such Act (52 U.S.C. 30103(b)) 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 new paragraph:
``(7) in the case of an authorized committee of a candidate
who has designated an individual under section 302(k)
(including a second individual designated to carry out the
responsibilities of that individual under such section in the
event of that individual's death or incapacity or unwillingness
to carry out the responsibilities) to disburse funds from the
accounts of the committee in the event of the death of the
candidate, a copy of the statement filed by the candidate with
the Commission under such section (as well as a copy of any
subsequent statement of revocation filed by the candidate with
the Commission under such section).''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to authorized campaign committees which are
designated under section 302(e)(1) of the Federal Election Campaign Act
of 1971 before, on, or after the date of the enactment of this Act.
SEC. 354. PROHIBITION ON CONTRIBUTIONS IN NAME OF ANOTHER.
Section 320 of the Federal Election Campaign Act of 1971 (52 U.S.C.
30122) is amended by adding at the end the following new sentence: ``No
person shall knowingly direct, help, or assist any person in making a
contribution in the name of another person.''.
SEC. 355. UNANIMOUS CONSENT OF COMMISSION MEMBERS REQUIRED FOR
COMMISSION TO REFUSE TO DEFEND ACTIONS BROUGHT AGAINST
COMMISSION.
(a) Unanimous Consent.--Section 307 of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30107) is amended by adding at the end
the following new subsection:
``(f)(1) Except as provided in paragraph (2), the Commission shall
defend each action brought against the Commission under this Act or
chapter 95 and 96 of the Internal Revenue Code of 1986--
``(A) through the general counsel, as provided in
subsection (a)(6);
``(B) by appointing counsel as provided in section
306(f)(4); or
``(C) by referral to the Attorney General in the case of a
criminal action.
``(2) The Commission may refuse to defend an action brought against
the Commission pursuant to the unanimous vote of its Members.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to actions brought on or after the date of the
enactment of this Act.
SEC. 356. FEDERAL ELECTION COMMISSION MEMBER PAY.
Section 306(a)(4) of the Federal Election Campaign Act of 1971 (52
U.S.C. 30106(a)(4)) is amended by striking ``equivalent to the
compensation paid at level IV of the Executive Schedule (5 U.S.C.
5315)'' and inserting ``at an annual rate of basic pay of $186,300, as
adjusted under section 5318 of title 5, United States Code, in the same
manner as the annual rate of pay for positions at each level of the
Executive Schedule''.
SEC. 357. UNIFORM STATUTE OF LIMITATIONS FOR PROCEEDINGS TO ENFORCE
FEDERAL ELECTION CAMPAIGN ACT OF 1971.
(a) 5-Year Limitation.--Section 406(a) of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30145(a)) is amended--
(1) by striking ``(a)'' and inserting ``(a)(1)''; and
(2) by adding at the end the following new paragraph:
``(2) No person shall be subject to a civil penalty for any
violation of title III of this Act unless the proceeding is initiated
in accordance with section 309 not later than 5 years after the date on
which the violation occurred.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to violations occurring on or after the date of the
enactment of this Act.
SEC. 358. DEADLINE FOR PROMULGATION OF PROPOSED REGULATIONS.
Not later than 120 days after the date of the enactment of this
Act, the Federal Election Commission shall publish in the Federal
Register proposed regulations to carry out this title and the
amendments made by this title.
TITLE IV--ELECTION SECURITY
Subtitle A--Promoting Election Security
SEC. 401. SHORT TITLE.
This title may be cited as the ``Election Security Assistance
Act''.
SEC. 402. REPORTS TO CONGRESS ON FOREIGN THREATS TO ELECTIONS.
(a) In General.--Not later than 30 days after the date of enactment
of this Act, and 30 days after the end of each fiscal year thereafter,
the Secretary of Homeland Security and the Director of National
Intelligence, in coordination with the heads of the appropriate Federal
entities, shall submit a joint report to the appropriate congressional
committees and the chief State election official of each State on
foreign threats to elections in the United States, including physical
and cybersecurity threats.
(b) Voluntary Participation by States.--The Secretary shall solicit
and consider voluntary comments from all State election agencies.
Participation by an election agency in the report under this section
shall be voluntary and at the discretion of the State.
(c) Appropriate Federal Entities.--In this section, the term
``appropriate Federal entities'' means--
(1) the Department of Commerce, including the National
Institute of Standards and Technology;
(2) the Department of Defense;
(3) the Department of Homeland Security, including the
component of the Department that reports to the Under Secretary
responsible for overseeing critical infrastructure protection,
cybersecurity, and other related programs of the Department;
(4) the Department of Justice, including the Federal Bureau
of Investigation;
(5) the Election Assistance Commission; and
(6) the Office of the Director of National Intelligence,
the National Security Agency, and such other elements of the
intelligence community (as defined in section 3 of the National
Security Act of 1947 (50 U.S.C. 3003)) as the Director of
National Intelligence determines are appropriate.
(d) Other Definitions.--In this section--
(1) the term ``appropriate congressional committees''
means--
(A) the Committee on Rules and Administration, the
Committee on Homeland Security and Governmental
Affairs, the Select Committee on Intelligence, and the
Committee on Foreign Relations of the Senate; and
(B) the Committee on House Administration, the
Committee on Homeland Security, the Permanent Select
Committee on Intelligence, and the Committee on Foreign
Affairs of the House of Representatives;
(2) the term ``chief State election official'' means, with
respect to a State, the individual designated by the State
under section 10 of the National Voter Registration Act of 1993
(52 U.S.C. 20509) to be responsible for coordination of the
State's responsibilities under such Act;
(3) the term ``election agency'' means any component of a
State or any component of a unit of local government of a State
that is responsible for administering Federal elections;
(4) the term ``Secretary'' means the Secretary of Homeland
Security; and
(5) the term ``State'' has the meaning given such term in
section 901 of the Help America Vote Act of 2002 (52 U.S.C.
21141).
SEC. 403. RULE OF CONSTRUCTION.
Nothing in this title may be construed as authorizing the Secretary
of Homeland Security to carry out the administration of an election for
Federal office.
Subtitle B--Cybersecurity for Election Systems
SEC. 411. CYBERSECURITY ADVISORIES RELATING TO ELECTION SYSTEMS.
(a) Cybersecurity Advisories.--
(1) In general.--The Director of the Cybersecurity and
Infrastructure Security Agency of the Department of Homeland
Security (in this subtitle referred to as the ``Director'')
shall collaborate with the Election Assistance Commission (in
this subtitle referred to as the ``Commission'') to determine
if an advisory relating to the cybersecurity of election
systems used in the administration of elections for Federal
office or the cybersecurity of elections for Federal office
generally is necessary. If such a determination is made in the
affirmative, the Director shall collaborate with the Commission
in the preparation of such an advisory.
(2) Prohibition.--The Director may not issue an advisory
described in paragraph (1) unless the Commission has provided
input relating thereto.
(b) Notification.--If the Director issues an advisory described in
subsection (a), the Director, in collaboration with the Commission,
shall provide to appropriate State election officials and vendors of
covered voting systems notification relating thereto.
SEC. 412. PROCESS TO TEST FOR AND MONITOR CYBERSECURITY VULNERABILITIES
IN ELECTION EQUIPMENT.
(a) Process for Covered Voting Systems.--
(1) In general.--The Director and the Commission (in
consultation with the Technical Guidelines Development
Committee and the Standards Board of the Commission), shall
jointly establish a voluntary process to test for and monitor
covered voting systems for cybersecurity vulnerabilities. Such
process shall include the following:
(A) Mitigation strategies and other remedies.
(B) Notice to the Commission and appropriate
entities of the results of testing conducted pursuant
to such process.
(2) Implementation.--The Director shall implement the
process established under paragraph (1) at the request of the
Commission.
(b) Labeling for Voting Systems.--The Commission (in consultation
with the Technical Guidelines Development Committee and the Standards
Board of the Commission), shall establish a process to provide for the
deployment of appropriate labeling available through the website of the
Commission to indicate that covered voting systems passed the most
recent cybersecurity testing pursuant to the process established under
subsection (a).
(c) Rules of Construction.--The process established under
subsection (a), including the results of any testing carried out
pursuant to this section, shall not affect--
(1) the certification status of equipment used in the
administration of an election for Federal office under the Help
America Vote Act of 2002; or
(2) the authority of the Commission to so certify such
equipment under such Act.
(d) Definition.--In this section, the term ``covered voting
systems'' means equipment used in the administration of an election for
Federal office that is certified in accordance with versions of
Voluntary Voting System Guidelines under the Help America Vote Act of
2002 under which such equipment is not required to be tested for
cybersecurity vulnerabilities.
SEC. 413. DUTY OF SECRETARY OF HOMELAND SECURITY TO NOTIFY STATE AND
LOCAL OFFICIALS OF ELECTION CYBERSECURITY INCIDENTS.
(a) Duty To Share Information With Department of Homeland
Security.--If a Federal entity receives information about an election
cybersecurity incident, the Federal entity shall promptly share that
information with the Department of Homeland Security, unless the head
of the entity (or a Senate-confirmed official designated by the head)
makes a specific determination in writing that there is good cause to
withhold the particular information.
(b) Response to Receipt of Information by Secretary of Homeland
Security.--
(1) In general.--Upon receiving information about an
election cybersecurity incident under subsection (a), the
Secretary of Homeland Security, in consultation with the
Attorney General, the Director of the Federal Bureau of
Investigation, and the Director of National Intelligence, shall
promptly (but in no case later than 96 hours after receiving
the information) review the information and make a
determination whether each of the following apply:
(A) There is credible evidence that the incident
occurred.
(B) There is a basis to believe that the incident
resulted, could have resulted, or could result in voter
information systems or voter tabulation systems being
altered or otherwise affected.
(2) Duty to notify state and local officials.--
(A) Duty described.--If the Secretary makes a
determination under paragraph (1) that subparagraphs
(A) and (B) of such paragraph apply with respect to an
election cybersecurity incident, not later than 96
hours after making the determination, the Secretary
shall provide a notification of the incident to each of
the following:
(i) The chief executive of the State
involved.
(ii) The State election official of the
State involved.
(iii) The local election official of the
election agency involved.
(B) Treatment of classified information.--
(i) Efforts to avoid inclusion of
classified information.--In preparing a
notification provided under this paragraph to
an individual described in clause (i), (ii), or
(iii) of subparagraph (A), the Secretary shall
attempt to avoid the inclusion of classified
information.
(ii) Providing guidance to state and local
officials.--To the extent that a notification
provided under this paragraph to an individual
described in clause (i), (ii), or (iii) of
subparagraph (A) includes classified
information, the Secretary (in consultation
with the Attorney General and the Director of
National Intelligence) shall indicate in the
notification which information is classified.
(3) Exception.--
(A) In general.--If the Secretary, in consultation
with the Attorney General and the Director of National
Intelligence, makes a determination that it is not
possible to provide a notification under paragraph (1)
with respect to an election cybersecurity incident
without compromising intelligence methods or sources or
interfering with an ongoing investigation, the
Secretary shall not provide the notification under such
paragraph.
(B) Ongoing review.--Not later than 30 days after
making a determination under subparagraph (A) and every
30 days thereafter, the Secretary shall review the
determination. If, after reviewing the determination,
the Secretary makes a revised determination that it is
possible to provide a notification under paragraph (2)
without compromising intelligence methods or sources or
interfering with an ongoing investigation, the
Secretary shall provide the notification under
paragraph (2) not later than 96 hours after making such
revised determination.
(4) Coordination with election assistance commission.--The
Secretary shall make determinations and provide notifications
under this subsection in the same manner, and subject to the
same terms and conditions relating to the role of the Election
Assistance Commission, in which the Director of the
Cybersecurity and Infrastructure Security Agency of the
Department of Homeland Security makes determinations as to the
necessity of an advisory and the issuance of an advisory under
section 411(a) and the provision of notification under section
411(b).
(c) Definitions.--In this section, the following definitions apply:
(1) Election agency.--The term ``election agency'' means
any component of a State, or any component of a unit of local
government in a State, which is responsible for the
administration of elections for Federal office in the State.
(2) Election cybersecurity incident.--The term ``election
cybersecurity incident'' means an occurrence that actually or
imminently jeopardizes, without lawful authority, the
integrity, confidentiality, or availability of information on
an information system of election infrastructure (including a
vote tabulation system), or actually or imminently jeopardizes,
without lawful authority, such an information system of
election infrastructure.
(3) Federal election.--The term ``Federal election'' means
any election (as defined in section 301(1) of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30101(1))) for Federal
office (as defined in section 301(3) of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30101(3))).
(4) Federal entity.--The term ``Federal entity'' means any
agency (as defined in section 551 of title 5, United States
Code).
(5) Local election official.--The term ``local election
official'' means the chief election official of a component of
a unit of local government of a State that is responsible for
administering Federal elections.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(7) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, Guam, American Samoa, the Commonwealth of Northern
Mariana Islands, and the United States Virgin Islands.
(8) State election official.--The term ``State election
official'' means--
(A) the chief State election official of a State
designated under section 10 of the National Voter
Registration Act of 1993 (52 U.S.C. 20509); or
(B) in the case of Puerto Rico, Guam, American
Samoa, the Northern Mariana Islands, and the United
States Virgin Islands, a chief State election official
designated by the State for purposes of this Act.
(d) Effective Date.--This section shall apply with respect to
information about an election cybersecurity incident which is received
on or after the date of the enactment of this Act.
TITLE V--SENSE OF CONGRESS WITH RESPECT TO ROLE OF STATES IN
CONGRESSIONAL REDISTRICTING
SEC. 501. SENSE OF CONGRESS WITH RESPECT TO ROLE OF STATES IN
CONGRESSIONAL REDISTRICTING.
It is the sense of Congress that, while Congress is authorized
under the Constitution of the United States to ensure that
congressional redistricting is carried out in a manner consistent with
the Constitution, only a State has the authority to establish maps of
the congressional districts of the State and to determine the
procedures and criteria used to establish such maps.
TITLE VI--DISINFORMATION GOVERNANCE BOARD
SEC. 601. TERMINATION OF THE DISINFORMATION GOVERNANCE BOARD.
The Disinformation Governance Board of the Department of Homeland
Security is hereby terminated.
SEC. 602. PROHIBITION ON FUNDING THE ACTIVITIES OF THE DISINFORMATION
GOVERNANCE BOARD.
No Federal funds authorized to be appropriated or otherwise made
available may be used to establish or carry out the activities of any
other entity that is substantially similar to the Disinformation
Governance Board terminated by section 701.
TITLE VII--SEVERABILITY
SEC. 701. SEVERABILITY.
If any provision of this Act or any amendment made by this Act, or
the application of any such provision or amendment to any person or
circumstance, is held to be unconstitutional, the remainder of this
Act, and the application of such provision or amendment to any other
person or circumstance, shall not be affected by the holding.
<all> | ACE Act | To promote election integrity, voter confidence, and faith in elections by removing Federal impediments to, providing State tools for, and establishing voluntary considerations to support effective State administration of Federal elections, improving election administration in the District of Columbia, improving the effectiveness of military voting programs, and protecting political speech, and for other purposes. | ACE Act
American Confidence in Elections Act
American Confidence in Elections: District of Columbia Ballot Security Act
American Confidence in Elections: District of Columbia Citizen Voter Act
American Confidence in Elections: District of Columbia Election Fraud Prevention Act
American Confidence in Elections: District of Columbia Election Integrity and Voter Confidence Act
American Confidence in Elections: District of Columbia Mail Balloting Reform Act
American Confidence in Elections: District of Columbia Mandatory Post-Election Audits Act
American Confidence in Elections: District of Columbia Provisional Ballot Reform Act
American Confidence in Elections: District of Columbia Public Observation of Election Procedures Act
American Confidence in Elections: District of Columbia Timely Reporting of Election Results Act
American Confidence in Elections: District of Columbia Voter Identification Act
American Confidence in Elections: District of Columbia Voter List Maintenance Act
COCOA Act of 2022
Citizen Vote Protection Act
Confirmation Of Congressional Observer Access Act of 2022
Don't Weaponize the IRS Act
Election Integrity Mail Reform Act of 2022
Election Security Assistance Act
Election Worker Employer Participation Act
End Zuckerbucks Act of 2022
Jonny Wade Pediatric Cancer Research Act
Keeping Foreign Money out of Ballot Measures Act of 2022
NO VOTE for Non-Citizens Act of 2022
No Federal Funds for Ballot Harvesting Act
Non-citizens: Outlawed from Voting in Our Trusted Elections Act of 2022
Positioning the Election Assistance Commission for the Future Act of 2022
Protect American Voters Act
Solving an Overlooked Loophole in Votes for Executives (SOLVE) Act
Speech Privacy Act of 2022
State Instruction Inclusion Act
VOTERS Act
Voluntarily Offered Tools for Election Reforms by States Act | Rep. Davis, Rodney | R | IL |
1,181 | 1,161 | S.2330 | Science, Technology, Communications | Assisting Broadband Connectivity Act of 2021
This bill prohibits the Rural Utilities Service, in administering any broadband or telecommunications program, from determining that a project is ineligible for funding because the project has already received state funding. Further, an applicant for funding under such programs may use funds received from a state program to satisfy any matching requirement. | To amend the Rural Electrification Act of 1936 to clarify certain
matters relating to State funding, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Assisting Broadband Connectivity Act
of 2021''.
SEC. 2. STATE FUNDING UNDER RURAL UTILITIES SERVICE PROGRAMS.
(a) Eligibility of Projects That Receive State Funding.--Title VII
of the Rural Electrification Act of 1936 (7 U.S.C. 950cc et seq.) is
amended by adding at the end the following:
``SEC. 704. ELIGIBILITY OF PROJECTS THAT RECEIVE STATE FUNDING.
``In administering any broadband or telecommunications program, the
Secretary, acting through the Administrator of the Rural Utilities
Service, shall not determine that a project is ineligible for funding
because the project has received funding from a State.''.
(b) State Funds To Satisfy Matching Requirements.--For purposes of
any matching funds requirement under any program administered by the
Secretary of Agriculture, acting through the Administrator of the Rural
Utilities Service, an applicant for funding under that program may use
funds received from a State program (including funds received by a
State from the Federal Government) to satisfy the matching funds
requirement.
<all> | Assisting Broadband Connectivity Act of 2021 | A bill to amend the Rural Electrification Act of 1936 to clarify certain matters relating to State funding, and for other purposes. | Assisting Broadband Connectivity Act of 2021 | Sen. Grassley, Chuck | R | IA |
1,182 | 10,582 | H.R.1515 | Government Operations and Politics | Help America Run Act
This bill allows certain personal use services to be considered as campaign committee expenditures, including child care, elder care, and health insurance, if the services are necessary to enable a candidate to participate in campaign-connected activities. The amount a committee may pay a candidate as salary is reduced by the amount paid for child care and elder care. | To amend the Federal Election Campaign Act of 1971 to provide for the
treatment of payments for child care and other personal use services as
an authorized campaign expenditure, and for other 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; PURPOSE.
(a) Short Title.--This Act may be cited as the ``Help America Run
Act''.
(b) Findings.--Congress finds the following:
(1) Everyday Americans experience barriers to entry before
they can consider running for office to serve their
communities.
(2) Current law states that campaign funds cannot be spent
on everyday expenses that would exist whether or not a
candidate were running for office, like rent and food. While
the law seems neutral, its actual effect is to privilege the
independently wealthy who want to run, because given the
demands of running for office, candidates who must work to pay
for childcare or to afford health insurance are effectively
being left out of the process, even if they have sufficient
support to mount a viable campaign.
(3) Thus current practice favors those prospective
candidates who do not need to rely on a regular paycheck to
make ends meet. The consequence is that everyday Americans who
have firsthand knowledge of the importance of stable childcare,
a safety net, or great public schools are less likely to get a
seat at the table. This governance by the few is antithetical
to the democratic experiment, but most importantly, when
lawmakers do not share the concerns of everyday Americans,
their policies reflect that.
(4) These circumstances have contributed to a Congress that
does not always reflect everyday Americans. The New York Times
reported in 2019 that fewer than 5 percent of representatives
cite blue-collar or service jobs in their biographies. A 2015
survey by the Center for Responsive Politics showed that the
median net worth of lawmakers was just over $1 million in 2013,
or 18 times the wealth of the typical American household.
(5) These circumstances have also contributed to a
governing body that does not reflect the Nation it serves. For
instance, women are 51 percent of the American population. Yet
even with a record number of women serving in the One Hundred
Sixteenth Congress, the Pew Research Center notes that more
than three out of four Members of this Congress are male. The
Center for American Women And Politics found that one-third of
women legislators surveyed had been actively discouraged from
running for office, often by political professionals. This type
of discouragement, combined with the prohibitions on using
campaign funds for domestic needs like childcare, burdens that
still fall disproportionately on American women, particularly
disadvantages working mothers. These barriers may explain why
only 10 women in history have given birth while serving in
Congress, in spite of the prevalence of working parents in
other professions. Yet working mothers and fathers are best
positioned to create policy that reflects the lived experience
of most Americans.
(6) Working mothers, those caring for their elderly
parents, and young professionals who rely on their jobs for
health insurance should have the freedom to run to serve the
people of the United States. Their networks and net worth are
simply not the best indicators of their strength as prospective
public servants. In fact, helping ordinary Americans to run may
create better policy for all Americans.
(c) Purpose.--It is the purpose of this Act to ensure that all
Americans who are otherwise qualified to serve this Nation are able to
run for office, regardless of their economic status. By expanding
permissible uses of campaign funds and providing modest assurance that
testing a run for office will not cost one's livelihood, the Help
America Run Act will facilitate the candidacy of representatives who
more accurately reflect the experiences, challenges, and ideals of
everyday Americans.
SEC. 2. TREATMENT OF PAYMENTS FOR CHILD CARE AND OTHER PERSONAL USE
SERVICES AS AUTHORIZED CAMPAIGN EXPENDITURE.
(a) Personal Use Services as Authorized Campaign Expenditure.--
Section 313 of the Federal Election Campaign Act of 1971 (52 U.S.C.
30114) is amended by adding at the end the following new subsection:
``(d) Treatment of Payments for Child Care and Other Personal Use
Services as Authorized Campaign Expenditure.--
``(1) Authorized expenditures.--For purposes of subsection
(a), the payment by an authorized committee of a candidate for
any of the personal use services described in paragraph (3)
shall be treated as an authorized expenditure if the services
are necessary to enable the participation of the candidate in
campaign-connected activities.
``(2) Limitations.--
``(A) Limit on total amount of payments.--The total
amount of payments made by an authorized committee of a
candidate for personal use services described in
paragraph (3) may not exceed the limit which is
applicable under any law, rule, or regulation on the
amount of payments which may be made by the committee
for the salary of the candidate (without regard to
whether or not the committee makes payments to the
candidate for that purpose).
``(B) Corresponding reduction in amount of salary
paid to candidate.--To the extent that an authorized
committee of a candidate makes payments for the salary
of the candidate, any limit on the amount of such
payments which is applicable under any law, rule, or
regulation shall be reduced by the amount of any
payments made to or on behalf of the candidate for
personal use services described in paragraph (3), other
than personal use services described in subparagraph
(D) of such paragraph.
``(3) Personal use services described.--The personal use
services described in this paragraph are as follows:
``(A) Child care services.
``(B) Elder care services.
``(C) Services similar to the services described in
subparagraph (A) or subparagraph (B) which are provided
on behalf of any dependent who is a qualifying relative
under section 152 of the Internal Revenue Code of 1986.
``(D) Health insurance premiums.''.
(b) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.
<all> | Help America Run Act | To amend the Federal Election Campaign Act of 1971 to provide for the treatment of payments for child care and other personal use services as an authorized campaign expenditure, and for other purposes. | Help America Run Act | Rep. Porter, Katie | D | CA |
1,183 | 1,457 | S.4806 | Armed Forces and National Security | Guarding against Unexploded Arms and Munitions Act or the GUAM Act
This bill authorizes the Department of Defense (DOD) to use amounts available for operation and maintenance to remove munitions and explosives of concern from military installations in Guam.
DOD must monitor and assess such removal and constantly update the processes for removal to mitigate any issues. | To authorize the Secretary of Defense to use amounts available to the
Department of Defense for operation and maintenance to remove munitions
and explosives of concern in Guam, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Guarding against Unexploded Arms and
Munitions Act'' or the ``GUAM Act''.
SEC. 2. USE OF AMOUNTS AVAILABLE TO DEPARTMENT OF DEFENSE FOR OPERATION
AND MAINTENANCE FOR REMOVAL OF MUNITIONS AND EXPLOSIVES
OF CONCERN IN GUAM.
(a) In General.--The Secretary of Defense may use amounts available
to the Department of Defense for operation and maintenance to remove
munitions and explosives of concern from military installations in
Guam.
(b) Monitoring of Removal.--The Secretary shall monitor and assess
the removal by the Department of munitions and explosives of concern
from military installations in Guam and shall constantly update
processes for such removal to mitigate any issues relating to such
removal.
(c) Report on Amounts Necessary.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense shall
submit to the appropriate congressional committees a report indicating
the amounts necessary to conduct removal of munitions and explosives of
concern from military installations in Guam.
(d) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Armed Services and the
Subcommittee on Defense of the Committee on
Appropriations of the Senate; and
(B) the Committee on Armed Services and the
Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives.
(2) Munitions and explosives of concern.--The term
``munitions and explosives of concern'' has the meaning given
that term in section 179.3 of title 32, Code of Federal
Regulations, or successor regulations.
<all> | GUAM Act | A bill to authorize the Secretary of Defense to use amounts available to the Department of Defense for operation and maintenance to remove munitions and explosives of concern in Guam, and for other purposes. | GUAM Act
Guarding against Unexploded Arms and Munitions Act | Sen. Cornyn, John | R | TX |
1,184 | 11,793 | H.R.9344 | Public Lands and Natural Resources | Chaco Cultural Heritage Area Protection Act of 2022
This bill withdraws certain federal land in New Mexico and authorizes the Department of the Interior to convey the land to, or exchange the land with, an Indian tribe under a resource management plan. Nonproducing oil and gas leases on the withdrawn land are terminated. | To provide for the withdrawal and protection of certain Federal land in
the State of New Mexico, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Chaco Cultural Heritage Area
Protection Act of 2022''.
SEC. 2. FINDINGS.
Congress finds that--
(1) there are archeological, sacred, and historic resources
located throughout the Greater Chaco region, which spans the
States of New Mexico, Arizona, Utah, and Colorado;
(2) the Chaco Culture National Historical Park, a unit of
the National Park System and a United Nations Educational,
Scientific and Cultural Organization World Heritage Site, is
known around the world--
(A) for multi-story buildings constructed by the
Chacoan people that are still standing; and
(B) as the nerve center of a culture that spread
throughout and dominated the Four Corners area during
the 9th, 10th, and 11th centuries;
(3) the Chacoan people built hundreds of miles of roads and
a network of villages, shrines, and communications sites, many
of which are still visible;
(4) many Pueblos and Indian Tribes in the Four Corners area
claim cultural affiliation with, and are descended from, the
Chacoan people;
(5) the landscape around the Chaco Culture National
Historical Park includes hundreds of internationally and
nationally significant cultural resources, including
prehistoric roads, communities, and shrines--
(A) many of which are related to the resources
found in the Chaco Culture National Historical Park,
including the resources recognized by the amendment
made by section 3 of the Chacoan Outliers Protection
Act of 1995 (16 U.S.C. 410ii note; Public Law 104-11)
providing for additional Chaco Culture Archeological
Protection Sites;
(B) a significant number of which are concentrated
within the immediate area surrounding the Chaco Culture
National Historical Park; and
(C) that are commonly recognized by archeologists;
(6) long considered one of the best places for stargazing
in the world, Chaco Culture National Historical Park--
(A) in 1991, established a night skies protection
initiative and interpretive program to protect the
night sky in the area of the Chaco Culture National
Historical Park; and
(B) in 2013, was certified as an International Dark
Sky Park;
(7) the Greater Chaco region extends beyond Chaco Culture
National Historical Park and encompasses--
(A) local communities, including the Pueblo Indian
Tribes, Navajo Nation, Hopi Tribe, and other Indian
Tribes; and
(B) public and private land, which includes
additional cultural resources and sacred sites;
(8) for over 110 years, the Federal Government has
recognized the importance of the area in which the Chacoan
people lived and has acted to protect historic and sacred sites
in the area, including--
(A) Chaco Canyon, which was designated as a
National Monument in 1907 and as the Chaco Culture
National Historical Park in 1980;
(B) the Aztec Ruins, which was designated as a
National Monument in 1923 and expanded in each of 1928,
1930, 1948, and 1988; and
(C) the 39 Chaco Culture Archeological Protection
Sites designated in 1995;
(9) recognizes that the standard for Tribal consultation is
outlined in Executive Order No. 13175 (25 U.S.C. 5301 note;
relating to consultation and coordination with Indian Tribal
governments);
(10) extensive natural gas development has occurred in the
Greater Chaco region that affect the health, safety, economies,
and quality of life of local communities;
(11) renewed interest in oil exploration and production
within the Mancos/Gallup Shale play has increased the potential
for--
(A) significant impacts on cultural and other
resources, the holistic experience of the sacred
landscape, and visitor experiences at the Chaco Culture
National Historical Park; and
(B) additional impacts on local communities in the
Greater Chaco region, including the Pueblo Indian
Tribes, Navajo Nation, Hopi Tribe, and other Indian
Tribes;
(12) a mineral withdrawal in the landscape around the Chaco
Culture National Historical Park would prevent leasing and
development on Federal land and of Federal minerals in the
immediate area surrounding the Chaco Culture National
Historical Park, which would protect resources and visitor
experiences at the Chaco Culture National Historical Park;
(13) additional studies and protective measures should be
undertaken to address health, safety, and environmental impacts
on communities and interests of the Pueblo Indian Tribes,
Navajo Nation, Hopi Tribe, and other Indian Tribes in the
Greater Chaco region; and
(14) the Greater Chaco region continues to be used for
ceremonial and cultural purposes by the Pueblo Indian Tribes,
Navajo Nation, Hopi Tribe, and other Indian Tribes.
SEC. 3. DEFINITIONS.
In this Act:
(1) Covered lease.--The term ``covered lease'' means any
oil and gas lease for Federal land--
(A) on which drilling operations have not been
commenced before the end of the primary term of the
applicable lease;
(B) that is not producing oil or gas in paying
quantities; and
(C) that is not subject to a valid cooperative or
unit plan of development or operation certified by the
Secretary to be necessary.
(2) Federal land.--
(A) In general.--The term ``Federal land'' means--
(i) any Federal land or interest in Federal
land that is within the boundaries of the Chaco
Cultural Heritage Withdrawal Area, as depicted
on the Withdrawal Map; and
(ii) any land or interest in land located
within the boundaries of the Chaco Cultural
Heritage Withdrawal Area, as depicted on the
Withdrawal Map, that is acquired by the Federal
Government after the date of enactment of this
Act.
(B) Exclusion.--The term ``Federal land'' does not
include trust land (as defined in section 3765 of title
38, United States Code).
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(4) Withdrawal map.--The term ``Withdrawal Map'' means the
map prepared by the Bureau of Land Management entitled
``Proposed Withdrawal Chaco Culture National Historic Park
Surrounding Area'' and dated January 6, 2022, as referred to in
the notice of the Secretary entitled ``Notice of Proposed
Withdrawal and Public Meetings; San Juan County, NM'' (87 Fed.
Reg. 785 (January 6, 2022)).
SEC. 4. WITHDRAWAL OF CERTAIN FEDERAL LAND IN THE STATE OF NEW MEXICO.
(a) In General.--Subject to any valid existing rights, the Federal
land is withdrawn from--
(1) all forms of entry, appropriation, and disposal under
the public land laws;
(2) location, entry, and patent under mining laws; and
(3) operation of the mineral leasing, mineral materials,
and geothermal leasing laws.
(b) Availability of Withdrawal Map.--The Withdrawal Map shall be
made available for inspection at each appropriate office of the Bureau
of Land Management.
(c) Conveyance of Federal Land to Indian Tribes.--Notwithstanding
subsection (a), the Secretary may convey the Federal land to, or
exchange the Federal land with, an Indian Tribe in accordance with a
resource management plan that is approved as of the date of enactment
of this Act, as subsequently developed, amended, or revised in
accordance with the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.) and any other applicable law.
(d) Oil and Gas Lease Management.--
(1) Termination of non-producing leases.--A covered lease--
(A) shall automatically terminate by operation of
law pursuant to section 17(e) of the Mineral Leasing
Act (30 U.S.C. 226(e)) and subpart 3108 of title 43,
Code of Federal Regulations (or successor regulations);
and
(B) may not be extended by the Secretary.
(2) Withdrawal of terminated, relinquished, or acquired
leases.--Any portion of the Federal land subject to a covered
lease terminated under paragraph (1) or otherwise or
relinquished or acquired by the United States on or after the
date of enactment of this Act is withdrawn from--
(A) all forms of entry, appropriation, and disposal
under the public land laws;
(B) location, entry, and patent undermining laws;
and
(C) operation of the mineral leasing, mineral
materials, and geothermal leasing laws.
(e) Effect.--Nothing in this section--
(1) affects the mineral rights of an Indian Tribe or a
member of the Navajo Nation or any other Indian Tribe to trust
land or allotment land; or
(2) precludes improvements to, or rights-of-way for water,
power, utility, or road development on, the Federal land to
assist communities adjacent to or in the vicinity of the
Federal land.
<all> | Chaco Cultural Heritage Area Protection Act of 2022 | To provide for the withdrawal and protection of certain Federal land in the State of New Mexico, and for other purposes. | Chaco Cultural Heritage Area Protection Act of 2022 | Rep. Leger Fernandez, Teresa | D | NM |
1,185 | 14,792 | H.R.2575 | Economics and Public Finance | Time to Rescue United States Trusts Act of 2021 or the TRUST Act of 2021
This bill establishes congressional rescue committees to develop recommendations and legislation to improve critical social contract programs.
A critical social contract program is a federal program
Each rescue committee may develop recommendations and legislation to improve the program for which it was established, including by (1) increasing the duration of positive balances of the federal trust fund established for the program, and (2) providing for the solvency of the federal trust fund established for the program during a 75-year period.
Congress must use specified expedited legislative procedures to consider legislation that is approved and submitted by the rescue committees. | To save and strengthen critical social contract programs of the Federal
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 ``Time to Rescue United States Trusts
Act of 2021'' or the ``TRUST Act of 2021''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Co-chair.--The term ``co-chair'' means an individual
appointed to serve as a co-chair of a Rescue Committee under
section 4(a)(4)(C)(i).
(2) Critical social contract program.--The term ``critical
social contract program'' means a Federal program the Secretary
identifies in the report under section 3.
(3) Rescue committee.--The term ``Rescue Committee'' means
a committee established under section 4(a).
(4) Rescue committee bill.--The term ``Rescue Committee
bill'' means a bill consisting solely of legislative language
that a Rescue Committee approves and submits under clauses (i)
and (vi), respectively, of section 4(a)(3)(B).
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Treasury.
SEC. 3. IDENTIFICATION OF CRITICAL SOCIAL CONTRACT PROGRAMS.
Not later than 14 days after the date of enactment of this Act, the
Secretary shall submit to Congress a report that identifies each
Federal program--
(1) for which a Federal trust fund is established;
(2) the amount of outlays of which, for the fiscal year
immediately preceding the fiscal year in which this Act is
enacted, were not less than $20,000,000,000; and
(3) the amount of dedicated Federal funds and Federal trust
fund balances that the Secretary determines will be inadequate,
on any date during the period beginning on the date of
enactment of this Act and ending on the last day of fiscal year
2036, to meet the total amount of outlays of the Federal
program that would otherwise be made.
SEC. 4. ESTABLISHMENT OF RESCUE COMMITTEES.
(a) Establishment of Rescue Committees.--
(1) Establishment.--On the date on which the Secretary
submits the report under section 3, there shall be established
a Rescue Committee for each critical social contract program.
(2) Goals.--The goals of each Rescue Committee shall be to,
with respect to the critical social contract program for which
the Rescue Committee is established--
(A) avoid depletion of the Federal trust fund
established for the critical social contract program;
(B) provide for the solvency of the Federal trust
fund established for the critical social contract
program during the 75-year period beginning on the date
described in paragraph (1);
(C) simplify the critical social contract program
to the extent practicable; and
(D) otherwise improve the critical social contract
program.
(3) Duties.--
(A) In general.--
(i) Improving critical social contract
programs.--Each Rescue Committee may develop
recommendations and legislative language that
will significantly improve the critical social
contract program for which the Rescue Committee
is established, including by--
(I) increasing the duration of
positive balances of the Federal trust
fund established for the critical
social contract program; and
(II) to the extent practicable,
providing for the solvency of the
Federal trust fund established for the
critical social contract program during
the 75-year period beginning on the
date described in paragraph (1).
(ii) Recommendations of committees.--Not
later than 60 days after the date described in
paragraph (1), each committee of the Senate and
the House of Representatives may transmit to
the relevant Rescue Committee any
recommendations of the committee relating to
changes in law to improve the critical social
contract program for which the Rescue Committee
is established in accordance with the goals of
the Rescue Committee described in paragraph
(2).
(B) Report, recommendations, and legislative
language.--
(i) In general.--Not later than 180 days,
each Rescue Committee shall meet to consider,
and may vote on--
(I) a report that contains a
detailed statement of the findings,
conclusions, and recommendations of the
Rescue Committee described in
subparagraph (A)(i) and the estimate of
the Congressional Budget Office
required under paragraph (5)(D)(ii);
and
(II) legislative language to carry
out the recommendations of the Rescue
Committee in the report described in
subclause (I), which shall include a
statement of the economic and budgetary
effects of the recommendations during
the 75-year period beginning on the
date described in paragraph (1).
(ii) Advisory nature.--Any proposed change
to the Standing Rules of the Senate or the
Rules of the House of Representatives included
in a report or legislative language under
clause (i) shall be considered to be merely
advisory.
(iii) Approval of report and legislative
language.--A report and legislative language of
a Rescue Committee under clause (i) shall
require the approval of a majority of the
members of the Rescue Committee, provided that
such majority shall be required to include not
less than 2 members of each party.
(iv) Additional views.--
(I) In general.--A member of a
Rescue Committee who gives notice of an
intention to file supplemental,
minority, or additional views at the
time of the final Rescue Committee vote
on the approval of the report and
legislative language of the Rescue
Committee under clause (i) shall be
entitled to 3 days to file those views
in writing with the staff director of
the Rescue Committee.
(II) Inclusion in report.--Views
filed under subclause (I) shall be
included in the report of the relevant
Rescue Committee under clause (i) and
printed in the same volume, or part
thereof, and such inclusion shall be
noted on the cover of the report,
except that, in the absence of timely
notice, the report may be printed and
transmitted immediately without such
views.
(v) Report and legislative language to be
made public.--Upon the approval or disapproval
of a report and legislative language under
clause (i) by a Rescue Committee, the Rescue
Committee shall promptly, and not more than 24
hours after the approval or disapproval, make
the report, the legislative language, and a
record of the vote on the report and
legislative language available to the public.
(vi) Submission of report and legislative
language.--If a report and legislative language
are approved by a Rescue Committee under clause
(i), not later than 3 days after the date on
which the report and legislative language are
made available to the public under clause (v),
the Rescue Committee shall submit the report
and legislative language to the President, the
Vice President, the Speaker of the House of
Representatives, and the majority and minority
leaders of each House of Congress.
(vii) Rule of construction.--Nothing in
this subparagraph shall be construed to
prohibit a Rescue Committee from voting on a
report and legislative language, or multiple
instances thereof, before the deadline
described in clause (i).
(4) Membership.--
(A) In general.--Each Rescue Committee shall be
composed of 12 members appointed in accordance with
subparagraph (B) and with due consideration to chairs
and ranking members of the committees and subcommittees
of subject matter jurisdiction, if applicable.
(B) Appointment.--Not later than 14 days after the
date described in paragraph (1), with respect to each
Rescue Committee--
(i) the majority leader of the Senate shall
appoint 3 individuals from among the Members of
the Senate who shall serve as members of the
Rescue Committee;
(ii) the minority leader of the Senate
shall appoint 3 individuals from among the
Members of the Senate who shall serve as
members of the Rescue Committee;
(iii) the Speaker of the House of
Representatives shall appoint 3 individuals
from among the Members of the House of
Representatives who shall serve as members of
the Rescue Committee; and
(iv) the minority leader of the House of
Representatives shall appoint 3 individuals
from among the Members of the House of
Representatives who shall serve as members of
the Rescue Committee.
(C) Co-chairs.--
(i) In general.--Not later than 14 days
after the date described in paragraph (1), with
respect to each Rescue Committee--
(I) the leadership of the Senate
and House of Representatives of the
same political party as the President
shall appoint 1 individual from among
the members of the Rescue Committee who
shall serve as a co-chair of the Rescue
Committee; and
(II) the leadership of the Senate
and House of Representatives of the
opposite political party as the
President, shall appoint 1 individual
from among the members of the Rescue
Committee who shall serve as a co-chair
of the Rescue Committee.
(ii) Staff director.--With respect to each
Rescue Committee, the co-chairs of the Rescue
Committee, acting jointly, shall hire the staff
director of the Rescue Committee.
(D) Period of appointment.--
(i) In general.--The members of a Rescue
Committee shall be appointed for the life of
the Rescue Committee.
(ii) Vacancy.--
(I) In general.--Any vacancy in a
Rescue Committee shall not affect the
powers of the Rescue Committee, but
shall be filled not later than 14 days
after the date on which the vacancy
occurs, in the same manner as the
original appointment was made.
(II) Ineligible members.--If a
member of a Rescue Committee ceases to
be a Member of the Senate or the House
of Representatives, as applicable--
(aa) the member shall no
longer be a member of the
Rescue Committee; and
(bb) a vacancy in the
Rescue Committee exists.
(5) Administration.--
(A) In general.--With respect to each Rescue
Committee, to enable the Rescue Committee to exercise
the powers, functions, and duties of the Rescue
Committee, there are authorized to be disbursed by the
Senate the actual and necessary expenses of the Rescue
Committee approved by the co-chairs of the Rescue
Committee, subject to the rules and regulations of the
Senate.
(B) Expenses.--With respect to each Rescue
Committee, in carrying out the functions of the Rescue
Committee, the Rescue Committee is authorized to incur
expenses in the same manner and under the same
conditions as the Joint Economic Committee is
authorized under section 11(d) of the Employment Act of
1946 (15 U.S.C. 1024(d)).
(C) Quorum.--With respect to each Rescue Committee,
7 members of the Rescue Committee shall constitute a
quorum for purposes of voting, meeting, and holding
hearings.
(D) Voting.--
(i) Proxy voting.--No proxy voting shall be
allowed on behalf of any member of a Rescue
Committee.
(ii) Congressional budget office
estimates.--
(I) In general.--The Director of
the Congressional Budget Office shall,
with respect to the legislative
language of a Rescue Committee under
paragraph (3)(B)(i)(II), provide to the
Rescue Committee--
(aa) estimates of the
legislative language in
accordance with sections 308(a)
and 201(f) of the Congressional
Budget Act of 1974 (2 U.S.C.
639(a) and 601(f)); and
(bb) information on the
budgetary effect of the
legislative language during the
75-year period beginning on the
date described in paragraph
(1).
(II) Limitation.--A Rescue
Committee may not vote on any version
of the report, recommendations, or
legislative language of the Rescue
Committee under paragraph (3)(B)(i)
unless the estimates and information
described in subclause (I) of this
clause are made available for
consideration by all members of the
Rescue Committee not later than 48
hours before that vote, as certified by
the co-chairs of the Rescue Committee.
(E) Meetings.--
(i) Initial meeting.--Not later than 45
days after the date described in paragraph (1),
each Rescue Committee shall hold the first
meeting of the Rescue Committee.
(ii) Agenda.--For each meeting of each
Rescue Committee, the co-chairs of the Rescue
Committee shall provide an agenda to the
members of the Rescue Committee not later than
48 hours before the meeting.
(F) Hearings.--
(i) In general.--Each Rescue Committee may,
for the purpose of carrying out this section,
hold such hearings, sit and act at such times
and places, require attendance of witnesses and
production of books, papers, and documents,
take such testimony, receive such evidence, and
administer such oaths as the Rescue Committee
considers advisable.
(ii) Hearing procedures and
responsibilities of co-chairs.--
(I) Announcement.--The co-chairs of
each Rescue Committee shall make a
public announcement of the date, place,
time, and subject matter of any hearing
to be conducted under this subparagraph
not later than 7 days before the date
of the hearing, unless the co-chairs
determine that there is good cause to
begin such hearing on an earlier date.
(II) Written statement.--A witness
appearing before a Rescue Committee
shall file a written statement of the
proposed testimony of the witness not
later than 2 days before the date of
the appearance of the witness, unless
the co-chairs of the Rescue Committee--
(aa) determine that there
is good cause for the witness
to not file the written
statement; and
(bb) waive the requirement
that the witness file the
written statement.
(G) Technical assistance.--Upon written request of
the co-chairs of a Rescue Committee, the head of a
Federal agency shall provide technical assistance to
the Rescue Committee in order for the Rescue Committee
to carry out the duties of the Rescue Committee.
(b) Staff of Rescue Committee.--
(1) In general.--The co-chairs of a Rescue Committee may
jointly appoint and fix the compensation of staff of the Rescue
Committee as the co-chairs determine necessary, in accordance
with the guidelines, rules, and requirements relating to
employees of the Senate.
(2) Ethical standards.--
(A) Senate.--Members of the Senate who serve on a
Rescue Committee and staff of the Rescue Committee
shall adhere to the ethics rules of the Senate.
(B) House of representatives.--Members of the House
of Representatives who serve on a Rescue Committee
shall be governed by the ethics rules and requirements
of the House of Representatives.
(c) Termination.--Each Rescue Committee shall terminate on the day
after the date of the sine die adjournment of the 117th Congress.
SEC. 5. EXPEDITED CONSIDERATION OF RESCUE COMMITTEE BILLS.
(a) Qualifying Legislation.--Only a Rescue Committee bill shall be
entitled to expedited consideration under this section.
(b) Consideration in the House of Representatives.--
(1) Introduction.--If a Rescue Committee approves and
submits legislative language under clauses (i) and (vi),
respectively, of section 4(a)(3)(B), a Rescue Committee bill
consisting solely of that legislative language may be
introduced in the House of Representatives (by request)--
(A) by the majority leader of the House of
Representatives, or by a Member of the House of
Representatives designated by the majority leader of
the House of Representatives, on the next legislative
day; or
(B) if the Rescue Committee bill is not introduced
under subparagraph (A), by any Member of the House of
Representatives on any legislative day beginning on the
legislative day after the legislative day described in
subparagraph (A).
(2) Referral and reporting.--Any committee of the House of
Representatives to which a Rescue Committee bill is referred
shall report the Rescue Committee bill to the House of
Representatives without amendment not later than 10 legislative
days after the date on which the Rescue Committee bill was so
referred. If a committee of the House of Representatives fails
to report a Rescue Committee bill within that period, it shall
be in order to move that the House of Representatives discharge
the committee from further consideration of the Rescue
Committee bill. Such a motion shall not be in order after the
last committee authorized to consider the Rescue Committee bill
reports it to the House of Representatives or after the House
of Representatives has disposed of a motion to discharge the
Rescue Committee bill. The previous question shall be
considered as ordered on the motion to its adoption without
intervening motion except 20 minutes of debate equally divided
and controlled by the proponent and an opponent. If such a
motion is adopted, the House of Representatives shall proceed
immediately to consider the Rescue Committee bill in accordance
with paragraphs (3) and (4). A motion to reconsider the vote by
which the motion is disposed of shall not be in order.
(3) Proceeding to consideration.--After the last committee
authorized to consider a Rescue Committee bill reports it to
the House of Representatives or has been discharged (other than
by motion) from its consideration, it shall be in order to move
to proceed to consider the Rescue Committee bill in the House
of Representatives. Such a motion shall not be in order after
the House of Representatives has disposed of a motion to
proceed with respect to the Rescue Committee bill. The previous
question shall be considered as ordered on the motion to its
adoption without intervening motion. A motion to reconsider the
vote by which the motion is disposed of shall not be in order.
(4) Consideration.--The Rescue Committee bill shall be
considered as read. All points of order against the Rescue
Committee bill and against its consideration are waived. The
previous question shall be considered as ordered on the Rescue
Committee bill to its passage without intervening motion except
2 hours of debate equally divided and controlled by the
proponent and an opponent and 1 motion to limit debate on the
Rescue Committee bill. A motion to reconsider the vote on
passage of the Rescue Committee bill shall not be in order.
(5) Vote on passage.--The vote on passage of the Rescue
Committee bill shall occur not later than 3 legislative days
after the date on which the last committee authorized to
consider the Rescue Committee bill reports it to the House of
Representatives or is discharged.
(c) Expedited Procedure in the Senate.--
(1) Introduction in the senate.--If a Rescue Committee
approves and submits legislative language under clauses (i) and
(vi), respectively, of section 4(a)(3)(B), a Rescue Committee
bill consisting solely of that legislative language may be
introduced in the Senate (by request)--
(A) by the majority leader of the Senate, or by a
Member of the Senate designated by the majority leader
of the Senate, on the next day on which the Senate is
in session; or
(B) if the Rescue Committee bill is not introduced
under subparagraph (A), by any Member of the Senate on
any day on which the Senate is in session beginning on
the day after the day described in subparagraph (A).
(2) Committee consideration.--A Rescue Committee bill
introduced in the Senate under paragraph (1) shall be jointly
referred to the committee or committees of jurisdiction, which
committees shall report the Rescue Committee bill without any
revision and with a favorable recommendation, an unfavorable
recommendation, or without recommendation, not later than 10
session days after the date on which the Rescue Committee bill
was so referred. If any committee to which a Rescue Committee
bill is referred fails to report the Rescue Committee bill
within that period, that committee shall be automatically
discharged from consideration of the Rescue Committee bill, and
the Rescue Committee bill shall be placed on the appropriate
calendar.
(3) Proceeding.--Notwithstanding rule XXII of the Standing
Rules of the Senate, it is in order, not later than 2 days of
session after the date on which a Rescue Committee bill is
reported or discharged from all committees to which the Rescue
Committee bill was referred, for the majority leader of the
Senate or the designee of the majority leader to move to
proceed to the consideration of the Rescue Committee bill. It
shall also be in order for any Member of the Senate to move to
proceed to the consideration of the Rescue Committee bill at
any time after the conclusion of such 2-day period. A motion to
proceed is in order even though a previous motion to the same
effect has been disagreed to. All points of order against the
motion to proceed to the Rescue Committee bill are waived. The
motion to proceed is not debatable. The motion is not subject
to a motion to postpone. A motion to reconsider the vote by
which the motion is agreed to or disagreed to shall not be in
order. If a motion to proceed to the consideration of the
Rescue Committee bill is agreed to, the Rescue Committee bill
shall remain the unfinished business until disposed of. All
points of order against a Rescue Committee bill and against
consideration of the Rescue Committee bill are waived.
(4) No amendments.--An amendment to a Rescue Committee
bill, or a motion to postpone, or a motion to proceed to the
consideration of other business, or a motion to recommit the
Rescue Committee bill, is not in order.
(5) Rulings of the chair on procedure.--Appeals from the
decisions of the Chair relating to the application of the rules
of the Senate, as the case may be, to the procedure relating to
a Rescue Committee bill shall be decided without debate.
(d) Amendment.--A Rescue Committee bill shall not be subject to
amendment in either the Senate or the House of Representatives.
(e) Consideration by the Other House.--
(1) In general.--If, before passing a Rescue Committee
bill, a House receives from the other House a Rescue Committee
bill consisting of legislative language approved by the same
Rescue Committee as the Rescue Committee bill in the receiving
House--
(A) the Rescue Committee bill of the other House
shall not be referred to a committee; and
(B) the procedure in the receiving House shall be
the same as if no Rescue Committee bill had been
received from the other House until the vote on
passage, when the Rescue Committee bill received from
the other House shall supplant the Rescue Committee
bill of the receiving House.
(2) Revenue measures.--This subsection shall not apply to
the House of Representatives if a Rescue Committee bill
received from the Senate is a revenue measure.
(f) Rules To Coordinate Action With Other House.--
(1) Treatment of rescue committee bill of other house.--If
a Rescue Committee bill is not introduced in the Senate or the
Senate fails to consider a Rescue Committee bill under this
section, the Rescue Committee bill of the House of
Representatives consisting of legislative language approved by
the same Rescue Committee as the Rescue Committee bill in the
Senate shall be entitled to expedited floor procedures under
this section.
(2) Treatment of companion measures in the senate.--If,
following passage of a Rescue Committee bill in the Senate, the
Senate then receives from the House of Representatives a Rescue
Committee bill approved by the same Rescue Committee and
consisting of the same legislative language as the Senate-
passed Rescue Committee bill, the House-passed Rescue Committee
bill shall not be debatable. The vote on passage of the Rescue
Committee bill in the Senate shall be considered to be the vote
on passage of the Rescue Committee bill received from the House
of Representatives.
(3) Vetoes.--If the President vetoes a Rescue Committee
bill, consideration of a veto message in the Senate under this
paragraph shall be 10 hours equally divided between the
majority and minority leaders of the Senate or the designees of
the majority and minority leaders of the Senate.
SEC. 6. FUNDING.
Funding for each Rescue Committee shall be derived in equal
portions from--
(1) the contingent fund of the Senate from the
appropriations account ``Miscellaneous Items'', subject to the
rules and regulations of the Senate; and
(2) the applicable accounts of the House of
Representatives.
SEC. 7. RULEMAKING.
The provisions of this Act are enacted by Congress--
(1) as an exercise of the rulemaking power of the Senate
and the House of Representatives, respectively, and, as such,
the provisions--
(A) shall be considered as part of the rules of
each House, respectively, or of that House to which
they specifically apply; and
(B) shall supersede other rules only to the extent
that they are inconsistent therewith; and
(2) with full recognition of the constitutional right of
either House to change such rules (so far as relating to such
House) at any time, in the same manner, and to the same extent
as in the case of any other rule of such House.
<all> | TRUST Act of 2021 | To save and strengthen critical social contract programs of the Federal Government. | TRUST Act of 2021
Time to Rescue United States Trusts Act of 2021 | Rep. Gallagher, Mike | R | WI |
1,186 | 3,428 | S.1758 | Commerce | 504 Green Energy Enhancement Act
This bill increases from $5.5 million to $20 million the maximum amount of certain Small Business Administration loans for plant acquisition, construction, conversion, and expansion. Projects eligible for these increased loan amounts must (1) reduce the borrower's energy consumption by at least 10%; or (2) generate renewable energy or renewable fuels, such as biodiesel or ethanol production. | To amend the Small Business Investment Act of 1958 to increase the
maximum loan amount for certain loans.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``504 Green Energy Enhancement Act''.
SEC. 2. INCREASE IN CERTAIN MAXIMUM LOAN AMOUNTS.
(a) In General.--Section 502(2)(A) of the Small Business Investment
Act of 1958 (15 U.S.C. 696(2)(A)) is amended--
(1) in clause (iv), by striking ``$5,500,000'' and
inserting ``$20,000,000''; and
(2) in clause (v), by striking ``$5,500,000'' and inserting
``$20,000,000''.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, and annually thereafter, the Administrator of the Small
Business Administration shall submit to Congress a report that details,
for the year covered by the report, the industries and geographic areas
with respect to which the Administrator has made loans under clauses
(iv) and (v) of section 502(2)(A) of the Small Business Investment Act
of 1958 (15 U.S.C. 696(2)(A)), as amended by subsection (a).
<all> | 504 Green Energy Enhancement Act | A bill to amend the Small Business Investment Act of 1958 to increase the maximum loan amount for certain loans. | 504 Green Energy Enhancement Act | Sen. Hickenlooper, John W. | D | CO |
1,187 | 14,298 | H.R.7215 | Education | Ravi Thackurdeen Safe Students Study Abroad Act
This bill (1) applies campus-security reporting requirements to study-abroad programs of institutions of higher education that participate in federal student-aid programs, and (2) requires such institutions to implement specified policies to protect students participating in study-abroad programs. | To amend the Higher Education Act of 1965 to require additional
reporting on crime and harm that occurs during student participation in
programs of study abroad, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ravi Thackurdeen Safe Students Study
Abroad Act''.
SEC. 2. APPLICATION OF CLERY ACT TO PROGRAMS OF STUDY ABROAD.
(a) Reporting of Crime Statistics.--Paragraph (12) of section
485(f) of the Higher Education Act of 1965 (20 U.S.C. 1092(f)) is
amended--
(1) by striking ``and'' at the end of subparagraph (C);
(2) by striking the period at the end of subparagraph (D)
and inserting ``; and''; and
(3) by adding at the end the following:
``(E) while a student is participating in a program of
study abroad approved for credit by an institution of higher
education, distinguished by whether the criminal offense
occurred at a location described in subparagraph (A), (B), (C),
or (D), or at another location, without regard to whether the
institution owns or controls a building or property at such
location.''.
(b) Additional Reporting for Programs of Study Abroad.--Section
485(f) of the Higher Education Act of 1965 (20 U.S.C. 1092(f)) is
amended--
(1) by redesignating paragraph (18) as paragraph (19); and
(2) by inserting after paragraph (17), the following new
paragraph:
``(18)(A) Each institution of higher education participating in any
program under this title, other than a foreign institution of higher
education, shall develop and distribute as part of the report described
in paragraph (1), a statement that the institution has adopted and
implemented a program to protect students participating in a program of
study abroad approved for credit by the institution from crime and harm
while participating in such program of study abroad that, at a minimum,
includes the following:
``(i) A biennial review by the institution of the programs
of study abroad approved for credit by the institution to
determine--
``(I) the effectiveness of the programs at
protecting students from crime and harm, and whether
changes to the programs are needed (based on the most
recent guidance or other assistance from the Secretary)
and will be implemented;
``(II) for the 10 years preceding the date of the
report, the number (in the aggregate for all programs
of study abroad approved for credit by the institution)
of--
``(aa) deaths of program participants
occurring during program participation or
during any other activities during the study
abroad period;
``(bb) accidents and illnesses occurring
during program participation that resulted in
hospitalization;
``(cc) sexual assaults against program
participants occurring during program
participation; and
``(dd) incidents involving program
participants during the program participation
that resulted in police involvement or a police
report; and
``(III) with respect to the incidents described in
items (aa) through (dd) of subclause (II), whether the
incidents occurred--
``(aa) on campus;
``(bb) in or on a noncampus building or
property;
``(cc) on public property;
``(dd) in dormitories or other residential
facilities for students; or
``(ee) at a location not described in items
(aa) through (dd) of this subclause, without
regard to whether the institution owns or
controls a building or property at the
location.
``(ii) The crime statistics described in paragraph (12)(E).
``(B) An institution of higher education described in subparagraph
(A) shall--
``(i) provide each student who is interested in
participating in a program of study abroad approved for credit
by the institution, with a pre-trip orientation session and
advising that includes--
``(I) a list of countries in which such programs of
study abroad are located;
``(II) all current travel information, including
all travel warnings and travel alerts, issued by the
Bureau of Consular Affairs of the Department of State
for such countries; and
``(III) the information described in clauses (i)
and (ii) of subparagraph (A), provided specifically for
each program of study abroad approved for credit by the
institution in which the student is considering
participation; and
``(ii) provide each student who returns from such a program
of study abroad with a post-trip orientation session, including
an exit interview that assists the institution in carrying out
subparagraph (A) and clause (i) of this subparagraph.
``(C) An institution of higher education shall not disaggregate or
otherwise distinguish information for purposes of subparagraph (A) or
(B) in a case in which the number of students in a category is
insufficient to yield statistically reliable information or the results
would reveal personally identifiable information about an individual
student.
``(D) The Secretary shall periodically review a representative
sample of the programs described in subparagraph (A) that have been
adopted and implemented by institutions of higher education to protect
students participating in a program of study abroad described in
subparagraph (A) from crime and harm while participating in such
program of study abroad.''.
<all> | Ravi Thackurdeen Safe Students Study Abroad Act | To amend the Higher Education Act of 1965 to require additional reporting on crime and harm that occurs during student participation in programs of study abroad, and for other purposes. | Ravi Thackurdeen Safe Students Study Abroad Act | Rep. Maloney, Sean Patrick | D | NY |
1,188 | 1,423 | S.5217 | Energy | Use it or Lose it Act of 2022
This bill requires holders of certain offshore and onshore oil and gas leases to diligently develop their leases. The Department of the Interior may assess an annual fee against a leaseholder who fails to appropriately develop a lease. | To promote the diligent development of Federal oil and gas leases, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Use it or Lose it Act of 2022''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Covered lease.--The term ``covered lease'' means a
lease that authorizes the exploration for, or production of,
oil or natural gas under--
(A) section 17 of the Mineral Leasing Act (30
U.S.C. 226); or
(B) the Outer Continental Shelf Lands Act (43
U.S.C. 1331 et seq.).
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 3. DILIGENT DEVELOPMENT OF FEDERAL OIL AND GAS LEASES.
(a) Clarification of Existing Law.--Each covered lease shall be
diligently developed by the person holding the covered lease to ensure
timely production from the covered lease.
(b) Regulations.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall promulgate regulations with
respect to covered leases that--
(1) establish requirements and benchmarks for oil and gas
development that will ensure that leaseholders--
(A) diligently develop each covered lease; and
(B) to the maximum extent practicable, produce oil
and gas from each covered lease during the primary term
of the covered lease;
(2) require each leaseholder to submit to the Secretary a
diligent development plan describing how the lessee will meet
the benchmarks established under paragraph (1); and
(3) in establishing requirements under paragraphs (1) and
(2), take into account the differences in development
conditions and circumstances in the areas to be developed.
SEC. 4. NONPRODUCING LEASE FEE.
(a) Definition of Nonproducing Lease.--In this section, the term
``nonproducing lease'' means a covered lease under which no oil or
natural gas has been extracted during the applicable year, as
determined by the Secretary.
(b) Authorization of Nonproducing Lease Fee.--The Secretary shall
charge to each person who holds a nonproducing lease an annual,
nonrefundable fee, in an amount determined by the Secretary under
subsection (c), for each nonproducing lease held by the person.
(c) Amount.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall establish the fee
authorized under subsection (b) in an amount determined by the
Secretary to be sufficient to adequately incentivize the use of
covered leases, but not less than $10 per acre per year for
each nonproducing lease.
(2) Increase.--The Secretary shall by regulation, at least
once every 5 years, adjust the amount of the fee established
under paragraph (1) to reflect any increase in inflation.
(d) Deposit.--Amounts collected as fees authorized under subsection
(b) shall be deposited in the general fund of the Treasury.
<all> | Use it or Lose it Act of 2022 | A bill to promote the diligent development of Federal oil and gas leases, and for other purposes. | Use it or Lose it Act of 2022 | Sen. Menendez, Robert | D | NJ |
1,189 | 13,536 | H.R.4592 | International Affairs | Holding Iranian Leaders Accountable Act of 2021
This bill requires the President to report on the estimated total funds held in domestic and international financial institutions by certain Iranian leaders, and it requires the Department of the Treasury to brief Congress on any illicit or corrupt means employed to acquire or use such funds. | To require the President to report on financial institutions'
involvement with officials of the Iranian Government, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Holding Iranian Leaders Accountable
Act of 2021''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Iran is characterized by high levels of official and
institutional corruption, and substantial involvement by Iran's
security forces, particularly the Islamic Revolutionary Guard
Corps (IRGC), in the economy.
(2) In 2019, the Department of the Treasury concluded that
Iran is a jurisdiction of primary money laundering concern and
imposed restrictions on correspondent accounts in the United
States involving Iranian financial institutions.
(3) In June 2019, the Financial Action Task Force (FATF)
urged all jurisdictions to require increased supervisory
examination for branches and subsidiaries of financial
institutions based in Iran. The FATF later called upon its
members to introduce enhanced relevant reporting mechanisms or
systematic reporting of financial transactions, and require
increased external audit requirements, for financial groups
with respect to any of their branches and subsidiaries located
in Iran.
(4) The Transparency International index of perceived
public corruption ranks Iran 138th out of 180 countries
surveyed.
(5) According to the State Department's ``Country Reports
on Terrorism'' in 2018, ``Iran remains the world's worst state
sponsor of terrorism. The regime has spent nearly one billion
dollars per year to support terrorist groups that serve as its
proxies and expand its malign influence across the globe.
Tehran has funded international terrorist groups such as
Hizballah, Hamas, and Palestinian Islamic Jihad.''.
SEC. 3. REPORT ON FINANCIAL INSTITUTIONS CONNECTED TO CERTAIN IRANIAN
OFFICIALS.
(a) Financial Institutions Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter for 2 years,
the President shall submit a report to the appropriate Members
of Congress containing--
(A) the estimated total funds held in financial
institutions that are under direct or indirect control
by each of five or more of the natural persons
described under subsection (b), and a description of
such funds; and
(B) a list of any financial institutions that--
(i) maintain an account in connection with
significant funds described in subparagraph
(A); or
(ii) knowingly provide significant
financial services to a natural person covered
by the report.
(2) Briefing required.--Not later than 60 days after
submitting a report described under paragraph (1), the
Secretary of the Treasury, or a designee of the Secretary,
shall brief the appropriate Members of Congress on the funds
covered by the report, including a description of how the funds
were acquired, and any illicit or corrupt means employed to
acquire or use the funds.
(3) Exemptions.--The requirements described under paragraph
(1) may not be applied with respect to a natural person or a
financial institution, as the case may be, if the President
determines:
(A) The funds described under subparagraph (A) of
paragraph (1) were primarily acquired through legal or
noncorrupt means.
(B) The natural person has agreed to provide
significant cooperation to the United States for an
important national security or law enforcement purpose
with respect to Iran.
(C) A financial institution that would otherwise be
listed in the report required by paragraph (1) has
agreed to--
(i) no longer maintain an account described
under subparagraph (C)(i) of paragraph (1);
(ii) no longer provide significant
financial services to a natural person covered
by the report; or
(iii) provide significant cooperation to
the United States for an important national
security or law enforcement purpose with
respect to Iran.
(4) Waiver.--The President may waive for up to 1 year at a
time any requirement under paragraph (1) with respect to a
natural person or a financial institution after reporting in
writing to the appropriate Members of Congress that the waiver
is in the national interest of the United States, with a
detailed explanation of the reasons therefor.
(b) Persons Described.--The natural persons described in this
subsection are the following:
(1) The Supreme Leader of Iran.
(2) The President of Iran.
(3) Members of the Council of Guardians.
(4) Members of the Expediency Council.
(5) The Minister of Intelligence and Security.
(6) The Commander and the Deputy Commander of the IRGC.
(7) The Commander and the Deputy Commander of the IRGC
Ground Forces.
(8) The Commander and the Deputy Commander of the IRGC
Aerospace Force.
(9) The Commander and the Deputy Commander of the IRGC
Navy.
(10) The Commander of the Basij-e-Mostaz'afin.
(11) The Commander of the Qods Force.
(12) The Commander in Chief of the Police Force.
(13) The head of the IRGC Joint Staff.
(14) The Commander of the IRGC Intelligence.
(15) The head of the IRGC Imam Hussein University.
(16) The Supreme Leader's Representative at the IRGC.
(17) The Chief Executive Officer and the Chairman of the
IRGC Cooperative Foundation.
(18) The Commander of the Khatam-al-Anbia Construction Head
Quarter.
(19) The Chief Executive Officer of the Basij Cooperative
Foundation.
(20) The head of the Political Bureau of the IRGC.
(21) The senior leadership, as determined by the President,
of any terrorist group or regional proxy force supported by the
Government of Iran, including Hizballah, Hamas, Palestinian
Islamic Jihad, and Kata'ib Hizballah.
(c) Form of Report; Public Availability.--
(1) Form.--The report required under subsection (a) shall
be submitted in unclassified form but may contain a classified
annex.
(2) Public availability.--The President shall make the
unclassified portion of such report public upon determining
that the publication would substantially promote any of the
following:
(A) Deterring or sanctioning official corruption in
Iran.
(B) Holding natural persons listed in the report
accountable to the people of Iran.
(C) Combating money laundering or the financing of
terrorism.
(D) Achieving any other strategic objective with
respect to the Government of Iran.
(3) Waiver.--The President may waive the requirements of
paragraph (2) upon reporting in writing to the appropriate
Members of Congress that the waiver is in the national interest
of the United States, with a detailed explanation of the
reasons therefor.
(4) Format of publicly available reports.--If the President
makes the unclassified portion of a report public pursuant to
paragraph (2), the Secretary of the Treasury shall make it
available to the public on the website of the Department of the
Treasury--
(A) in English, Farsi, Arabic, and Azeri; and
(B) in precompressed, easily downloadable versions
that are made available in all appropriate formats.
SEC. 4. SUNSET.
The provisions of this Act shall have no force or effect on the
earlier of--
(1) the date that is 3 years after the date of enactment of
this Act; or
(2) 30 days after the President reports in writing to the
appropriate Members of Congress that--
(A) Iran is not a jurisdiction of primary money
laundering concern; or
(B) the Government of Iran is providing significant
cooperation to the United States for the purpose of
preventing acts of international terrorism, or for the
promotion of any other strategic objective that is
important to the national interest of the United
States, as specified in the report by the President.
SEC. 5. DEFINITIONS.
For purposes of this Act:
(1) Appropriate members of congress.--The term
``appropriate Members of Congress'' means the Speaker and
minority leader of the House of Representatives, the majority
leader and minority leader of the Senate, the Chairman and
Ranking Member of the Committee on Financial Services of the
House of Representatives, and the Chairman and Ranking Member
of the Committee on Banking, Housing, and Urban Affairs of the
Senate.
(2) Financial institution.--The term ``financial
institution'' means a United States financial institution or a
foreign financial institution.
(3) Foreign financial institution.--The term ``foreign
financial institution'' has the meaning given that term in
section 561.308 of title 31, Code of Federal Regulations.
(4) Funds.--The term ``funds'' has the meaning given to
such term by the Secretary of the Treasury.
(5) Knowingly.--The term ``knowingly'' with respect to
conduct, a circumstance, or a result, means that a person has
actual knowledge, or should have known, of the conduct, the
circumstance, or the result.
(6) United states financial institution.--The term ``United
States financial institution'' has the meaning given the term
``U.S. financial institution'' under section 561.309 of title
31, Code of Federal Regulations.
<all> | Holding Iranian Leaders Accountable Act of 2021 | To require the President to report on financial institutions' involvement with officials of the Iranian Government, and for other purposes. | Holding Iranian Leaders Accountable Act of 2021 | Rep. Hill, J. French | R | AR |
1,190 | 8,309 | H.R.9520 | International Affairs | Hostage and Wrongful Detainee Day Act of 2022
This bill requests the President to issue an annual proclamation designating Hostage and Wrongful Detainee Day. The bill also designates the Hostage and Wrongful Detainee Flag as a symbol of the commitment of the United States to recognizing citizens held as hostages or wrongfully detained abroad. | To amend title 36, United States Code, to request the President to
issue an annual proclamation designating Hostage and Wrongful Detainee
Day, to designate the Hostage and Wrongful Detainee Flag as an official
symbol to recognize citizens of the United States held as hostages or
wrongfully detained abroad, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hostage and Wrongful Detainee Day
Act of 2022''.
SEC. 2. DESIGNATION.
(a) Hostage and Wrongful Detainee Day.--
(1) In general.--Chapter 1 of title 36, United States Code,
is amended--
(A) by redesignating the second section 146
(relating to Choose Respect Day) as section 147; and
(B) by adding at the end the following:
``Sec. 148. Hostage and Wrongful Detainee Day
``The President is requested to issue each year a proclamation--
``(1) designating a day as Hostage and Wrongful Detainee
Day; and
``(2) calling on the people of the United States to observe
Hostage and Wrongful Detainee Day with appropriate ceremonies
and activities.''.
(2) Technical and conforming amendment.--The table of
sections for chapter 1 of title 36, United States Code, is
amended by striking the item relating to the second section 146
and inserting the following:
``147. Choose Respect Day.
``148. Hostage and Wrongful Detainee Day.''.
(b) Hostage and Wrongful Detainee Flag.--
(1) In general.--Chapter 9 of title 36, United States Code,
is amended by adding at the end the following:
``Sec. 904. Hostage and Wrongful Detainee Flag
``(a) Designation.--The Hostage and Wrongful Detainee Flag
championed by the Bring Our Families Home Campaign is designated as the
symbol of the commitment of the United States to recognizing citizens
of the United States held as hostages or wrongfully detained abroad.
``(b) Required Display.--
``(1) In general.--The Hostage and Wrongful Detainee Flag
shall be displayed at the locations specified in paragraph (2)
on the days specified in paragraph (3).
``(2) Locations specified.--The locations specified in this
paragraph are the following:
``(A) The Capitol.
``(B) The White House.
``(C) The buildings containing the official office
of--
``(i) the Secretary of State; and
``(ii) the Secretary of Defense.
``(3) Days specified.--The days specified in this paragraph
are the following:
``(A) Flag Day, June 14.
``(B) Independence Day, July 4.
``(C) Any other day on which a citizen or lawful
permanent resident of the United States--
``(i) returns to the United States from
being held hostage or wrongfully detained
abroad; or
``(ii) dies while being held hostage or
wrongfully detained abroad.
``(4) Display to be in a manner visible to the public.--
Display of the Hostage and Wrongful Detainee Flag pursuant to
this section shall be in a manner designed to ensure visibility
to the public.
``(5) Limitation.--This section may not be construed or
applied so as to require any employee to report to work solely
for the purpose of providing for the display of the Hostage and
Wrongful Detainee Flag.''.
(2) Technical and conforming amendment.--The table of
sections for chapter 9 of title 36, United States Code, is
amended by adding at the end the following:
``904. Hostage and Wrongful Detainee Flag.''.
<all> | Hostage and Wrongful Detainee Day Act of 2022 | To amend title 36, United States Code, to request the President to issue an annual proclamation designating Hostage and Wrongful Detainee Day, to designate the Hostage and Wrongful Detainee Flag as an official symbol to recognize citizens of the United States held as hostages or wrongfully detained abroad, and for other purposes. | Hostage and Wrongful Detainee Day Act of 2022 | Rep. Stevens, Haley M. | D | MI |
1,191 | 6,592 | H.R.9072 | Health | Humane Retirement Act
This bill requires animal care committees at certain federal agencies conducting biomedical or behavioral research to make reasonable efforts to find parties to adopt dogs, cats, rabbits, and guinea pigs that have been retired from research. Prior to euthanizing, the animal care committee must assess the temperament of any such animal to determine whether it is suitable for adoption and, if so, make reasonable efforts to arrange for an adoption. | To amend the Public Health Service Act to ensure that healthy research
common companion animals are adopted into suitable homes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Humane Retirement Act''.
SEC. 2. ESTABLISHMENT OF ADOPTION POLICY FOR PUBLIC HEALTH SERVICE
AGENCIES WITH RESPECT TO RETIRED COMMON COMPANION
ANIMALS.
Section 495 of the Public Health Service Act (42 U.S.C. 289d) is
amended by adding at the end the following:
``(f)(1) Beginning one year after the date of the enactment of this
subsection, guidelines of the Secretary under subsection (a)(3) shall
require animal care committees described in such subsection that
conduct biomedical and behavioral research at Public Health Service
funded Federal agencies to, after the completion of any testing or
research involving a common companion animal and prior to euthanizing
such common companion animal, make a reasonable effort to offer such
common companion animal for adoption, if suitable, in accordance with
the following:
``(A) Such an animal care committee shall, after the
completion of such testing or research involving a common
companion animal and prior to euthanizing such common companion
animal, assess the health and temperament of the common
companion animal and determine whether it is suitable for
adoption.
``(B) If found to be suitable for adoption, such an animal
care committee shall make reasonable efforts to offer for
adoption the common companion animal to an adopting party.
``(C) An animal care committee shall ensure that any
adopting party described in any of clauses (ii) through (vi) of
paragraph (6)(A) provides a written assurance that the common
companion animal will be placed in a home and not with a
breeder, exhibitor, or research facility.
``(2) Nothing in this subsection shall be construed as--
``(A) creating a duty upon an adopting party to accept a
common companion animal offered by an animal care committee
described in paragraph (1); or
``(B) prohibiting such committee from euthanizing a common
companion animal if the requirements of this subsection are
otherwise met.
``(3) An animal care committee described in paragraph (1) and any
officer, director, employee, or agent of such committee are immune from
civil liability for any act or omission relating to the adoption of a
common companion animal pursuant to this subsection.
``(4) Beginning not later than 1 year after the date of the
enactment of this Act, and each year thereafter, an animal care
committee described in paragraph (1) shall submit to the Secretary a
report on adoptions that occurred as a result of the requirement
specified in such paragraph. Each such report shall include the
following:
``(A) The number and species of common companion animals
eligible for adoption at the research entity for which the
animal care committee was established.
``(B) The number of common companion animals adopted.
``(C) The types of adopting parties that adopted such
animals, disaggregated according to the categories of adopting
parties listed in paragraph (6)(A).
``(5) An animal care committee described in paragraph (1), may, in
offering a common companion animal for adoption pursuant to paragraph
(1), charge the adopting party a fee for that adoption (including for
any services necessary to prepare the common companion animal for that
adoption).
``(6) For purposes of this subsection:
``(A) The term `adopting party' means--
``(i) an individual adopting a common companion animal
through private placement;
``(ii) a bona fide animal rescue organization;
``(iii) a bona fide animal shelter organization;
``(iv) a bona fide society for the prevention of cruelty to
animals;
``(v) a bona fide humane society; or
``(vi) a bona fide animal protective association that
operates physical animal sheltering facilities and offers
households pets to the public for adoption by way of an
established adoption program.
``(B) The term `common companion animal' means a dog, cat, rabbit,
or guinea pig.''.
<all> | Humane Retirement Act | To amend the Public Health Service Act to ensure that healthy research common companion animals are adopted into suitable homes. | Humane Retirement Act | Rep. Rice, Kathleen M. | D | NY |
1,192 | 12,911 | H.R.5622 | Health | Vaccine Accountability and Premium Protection Act
This bill permits a health insurer to increase an individual's plan premium by not more than 50% of the base amount during any portion of the COVID-19 public health emergency if the insured individual is not fully vaccinated. An insurer may not apply the premium increase unless certain conditions are met. | To amend title XXVII of the Public Health Service Act to allow for
premium rates in the group and individual health insurance markets to
vary during the COVID-19 emergency period based on COVID-19 vaccination
status, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Vaccine Accountability and Premium
Protection Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) More than 700,000 COVID-19 deaths have been reported in
the United States and many public health experts believe this
to be an undercount of the actual death toll of the virus.
(2) There are three vaccines that have received either FDA
approval or Emergency Use Authorization, have undergone
rigorous testing, and have been proven to be safe and highly
effective.
(3) These vaccines are free and widely available in the
United States to protect individuals against COVID-19.
(4) Full vaccination has been proven to reduce the risk of
moderate to severe COVID-19 infection by five times and
hospitalization and death by more than ten times.
(5) Over 20 percent of Americans eligible to receive the
vaccine remain unvaccinated.
(6) COVID-19 hospitalizations of unvaccinated individuals
have cost the U.S. health system an estimated $5.7 billion
between June 2021 and August 2021.
(7) Some health insurers have proposed or predicted
increases in premium costs due to higher health care costs and
higher utilization because of COVID-19-related services.
(8) Evidence shows that the ongoing COVID-19 pandemic
continues to impact Americans' physical and mental health
negatively, has increased substance use and drug overdoses, and
has led to hospitals rationing care for non-COVID-19-related
care.
(9) The over 20 percent of eligible Americans who have not
been vaccinated against COVID-19 are jeopardizing their own
health, the health of their communities, and the ability of
local health systems to provide comprehensive, high-quality
care to everyone who needs it.
(10) The over 20 percent of eligible Americans who have not
been vaccinated against COVID-19 are disproportionately
responsible for the continuation of community spread of COVID-
19 and the public health emergency in America, as well as its
associated economic consequences.
SEC. 3. ALLOWING PREMIUM RATES IN GROUP AND INDIVIDUAL HEALTH INSURANCE
MARKETS TO VARY BASED ON COVID-19 VACCINATION STATUS.
Section 2701(a) of the Public Health Service Act (300gg(a)) is
amended--
(1) in paragraph (1)(A)--
(A) in clause (iii), by striking at the end
``and'';
(B) by adding at the end the following new clause:
``(v) during any portion of the emergency
period (as described in section 1135(g)(1)(B)
of the Social Security Act) (beginning on or
after the date of the enactment of this
clause), consistent with paragraph (6), status
as not being fully vaccinated (as defined by
the Centers for Disease Control and Prevention)
for COVID-19, except that such rate shall not
vary by more than 1.5 to 1; and'';
(2) in paragraph (4)--
(A) in the header, by striking ``or tobacco use''
and inserting ``, tobacco use, or vaccination status'';
and
(B) by striking ``clauses (iii) and (iv)'' and
inserting ``clauses (iii), (iv), and (v)''; and
(3) by adding at the end the following new paragraph:
``(6) Conditions for varying premiums by vaccination
status.--A health insurance issuer offering health insurance
coverage in the individual or small group market (or, if
applicable under paragraph (5), the large group market), may
vary the premium rate with respect to the particular plan or
coverage involved by the factor described in paragraph
(1)(A)(v) during any portion of the period described in such
paragraph only if each of the following conditions are met:
``(A) An increase pursuant to paragraph (1)(A)(v)
may be made to the premium rate of an enrollee with
respect to the particular plan or coverage only with
respect to months during such portion of such period
with respect to which each of the following applies to
the enrollee:
``(i) The enrollee is, based on guidelines
of the Food and Drug Administration and of the
Centers for Disease Control and Prevention,
eligible for a COVID-19 vaccine.
``(ii) The enrollee is not fully vaccinated
(as defined by the Centers for Disease Control
and Prevention) for COVID-19.
``(iii) The enrollee is not an individual
who has not been fully vaccinated by reason of
a verified medical condition or an objection to
the vaccine on the basis of sincerely held
religious beliefs.
``(B) The amount of premium applied with respect to
an enrollee with respect to the particular plan or
coverage during such portion of such period after
application of such paragraph (1)(A)(v) does not result
in a premium rate that exceeds an amount equal to 10
percent of the enrollee's household income for such
portion of such period.
``(C) The issuer pays to the Secretary of the
Treasury an amount equal to 25 percent of the amount by
which--
``(i) the total premiums charged with
respect to the particular plan or coverage
during such portion of such period after
application of such paragraph (1)(A)(v);
exceeds
``(ii) the total premiums that would have
been charged with respect to such plan or
coverage during such portion of such period
without application of such paragraph.
``(D) The issuer certifies to the Secretary of
Health and Human Services that the premium rate applied
with respect to enrollees who are fully vaccinated (as
defined by the Centers for Disease Control and
Prevention) for COVID-19 with respect to the particular
plan or coverage on vaccinated individuals will not be
increased during such portion of such period by reason
of increased costs associated with the emergency period
described in paragraph (1)(A)(v).
``(E) Before applying an increase to the premium
rate pursuant to paragraph (1)(A)(v), the issuer
notifies each enrollee with respect to the particular
plan or coverage who will be subject to such increase
in premium rate and provides each such enrollee with
information on where and how to receive a vaccine for
COVID-19 without cost to such enrollee for such
vaccine.''.
SEC. 4. SENSE OF CONGRESS RELATED TO THE SERIOUSNESS OF PRESENTING,
CREATING, OR DISTRIBUTING FRAUDULENT VACCINATION CARDS.
It is the sense of Congress that--
(1) any individual falsely representing themselves as
vaccinated against COVID-19 undermines mitigation efforts,
endangers public health, and puts those around them at
increased risk for contracting COVID-19;
(2) the presentation, sale, purchase, or distribution of
counterfeit COVID-19 vaccination cards appearing to be issued
by the Centers for Disease Control and Prevention or official
vaccination cards filled out with information falsely
indicating that a person who has not received the COVID-19
vaccination is indeed vaccinated is a serious crime in
violation of Federal law;
(3) an individual guilty of the crime of presenting or
purchasing a fraudulent vaccination card should, in accordance
with law, be subject to a fine of not less than $5,000; and
(4) an individual or organization guilty of the crime of
selling or distributing a fraudulent vaccination card should
receive the maximum penalty permissible under section 1017 of
title 18, United States Code, in accordance with the scope of
the crime.
<all> | Vaccine Accountability and Premium Protection Act | To amend title XXVII of the Public Health Service Act to allow for premium rates in the group and individual health insurance markets to vary during the COVID-19 emergency period based on COVID-19 vaccination status, and for other purposes. | Vaccine Accountability and Premium Protection Act | Rep. Gallego, Ruben | D | AZ |
1,193 | 13,333 | H.R.475 | Armed Forces and National Security | Health Care Fairness for Military Families Act of 2021
This bill modifies the extension of dependent coverage under TRICARE by allowing a dependent under the age of 26 to be covered without an additional premium. Additionally, the bill authorizes such coverage of dependents without a premium regardless of whether they are eligible to enroll in an employer sponsored plan. | To amend title 10, United States Code, to improve dependent coverage
under the TRICARE Young Adult Program, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Health Care Fairness for Military
Families Act of 2021''.
SEC. 2. IMPROVEMENTS TO DEPENDENT COVERAGE UNDER TRICARE YOUNG ADULT
PROGRAM.
(a) Expansion of Eligibility.--Section 1110b of title 10, United
States Code, is amended in subsection (b)--
(1) by striking paragraph (3); and
(2) by redesignating paragraphs (4) and (5) as paragraphs
(3) and (4), respectively.
(b) Elimination of Separate Premium for a Young Adult.--Section
1110b of such title is further amended by striking subsection (c).
(c) Conforming Amendment.--Section 1075(c)(3) of title 10, United
States Code, is amended by striking ``section 1076d, 1076e, or 1110b''
and inserting ``section 1076d or 1076e''.
<all> | Health Care Fairness for Military Families Act of 2021 | To amend title 10, United States Code, to improve dependent coverage under the TRICARE Young Adult Program, and for other purposes. | Health Care Fairness for Military Families Act of 2021 | Rep. Luria, Elaine G. | D | VA |
1,194 | 8,745 | H.R.3224 | Armed Forces and National Security | I am Vanessa Guillén Act of 2021
This bill addresses the policies and procedures of the Department of Defense (DOD) for cases or allegations of sex-related offenses. | To amend title 10, United States Code, to improve the responses of the
Department of Defense to sex-related offenses, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``I am Vanessa Guillen Act of 2021''.
SEC. 2. MODIFICATION OF AUTHORITY TO DETERMINE TO PROCEED TO TRIAL BY
COURT-MARTIAL ON CHARGES INVOLVING SEX-RELATED OFFENSES.
(a) Role of Office of the Chief Prosecutor in Determination To
Proceed to Trial on Charge Involving Sex-Related Offense.--
(1) Review and determinations by office of the chief
prosecutor.--Section 834 of title 10, United States Code
(article 34 of the Uniform Code of Military Justice) is
amended--
(A) in subsection (a)(1), by striking ``Before
referral'' and inserting ``Except as provided in
subsection (c), before referral'';
(B) in subsection (b), by striking ``Before
referral'' and inserting ``Except as provided in
subsection (c), before referral'';
(C) by redesignating subsections (c) and (d) as
subsections (d) and (e) respectively; and
(D) by inserting after the subsection (b) the
following new subsection (c):
``(c) Referral and Determinations by Office of the Chief
Prosecutor.--
``(1) In the case of a charge relating to a sex-related
offense, instead of submitting the charge, and any accompanying
charges and specifications, to the staff judge advocate under
subsection (a), the convening authority shall submit, as soon
as reasonably practicable, the charge and accompanying charges
and specifications to the Office of the Chief Prosecutor of the
armed force of which the accused is a member to make the
determination required by subsection (a). The advice and
recommendations of the Office of the Chief Prosecutor regarding
disposition of charges by court-martial shall be free of
unlawful or unauthorized influence or coercion.
``(2) For purposes of this subsection, the term `sex-
related offense' means any of the following:
``(A) An offense covered by section 920, 920a,
920b, 920c, or 920d of this title (article 120, 120a,
120b, 120c, or 120d).
``(B) A conspiracy to commit an offense specified
in subparagraph (A) as punishable under section 881 of
this title (article 81).
``(C) A solicitation to commit an offense specified
in subparagraph (A) as punishable under section 882 of
this title (article 82).
``(D) An attempt to commit an offense specified in
subparagraphs (A) through (C) as punishable under
section 880 of this title (article 80).
``(3) If the Office of the Chief Prosecutor determines any
specification under a charge should be disposed of at court-
martial, the Office of the Chief Prosecutor also shall
determine whether to try the charge by a general court-martial
convened under section 822 of this title (article 22) or a
special court-martial convened under section 823 of this title
(article 23).
``(4) A determination under paragraph (3) to try a charge
relating to a sex-related offense by court-martial shall
include a determination to try all known offenses, including
lesser included offenses.
``(5) The Office of the Chief Prosecutor's determination to
dispose of any reviewed charge by court-martial under paragraph
(3), and by type of court-martial, shall be transmitted to the
convening authority established in section 822(a)(8) of this
title, and shall be binding on any applicable convening
authority. The Office of the Chief Prosecutor will notify the
original convening authority of the determination.
``(6) A determination under paragraph (3) not to proceed to
trial on a charge by general or special court-martial shall not
operate to terminate or otherwise alter the authority of
commanding officers to refer such charge for trial by summary
court-martial convened under section 824 of this title (article
24), to impose non-judicial punishment in connection with the
conduct covered by the charge as authorized by section 815 of
this title (article 15), or to take other administrative
action.
``(7) This subsection does not apply to the Coast Guard
when it is not operating as a service in the Department of the
Navy.''.
(2) Appointment of chief prosecutor.--For any Armed Force
(other than the Coast Guard) for which the position of Chief
Prosecutor does not exist as of the date of the enactment of
this Act, the Judge Advocate General of that Armed Force shall
establish the position of Chief Prosecutor and appoint as the
Chief Prosecutor a judge advocate in the grade of O-6 or above
who meets the requirements set forth in paragraphs (1) and (2)
of section 827(b) of title 10, United States Code (article
27(b) of the Uniform Code of Military Justice), and who has
significant experience prosecuting sexual assault trials by
court-martial.
(b) Chief Prosecutor Authority To Convene Article 32 Preliminary
Hearings.--Section 832(a) of title 10, United States Code (article
32(a) of the Uniform Code of Military Justice), is amended by adding at
the end the following new paragraph:
``(3) The Office of the Chief Prosecutor of an armed force may
order a preliminary hearing under this section in the event of an
allegation of a sex-related offense (as defined in section 834(c)(2) of
this title (article 34(c)(2))) involving a member of that armed force.
This paragraph does not apply to the Coast Guard when it is not
operating as a service in the Department of the Navy.''.
(c) Modification of Officers Authorized To Convene General and
Special Courts-Martial.--
(1) In general.--Section 822(a) of title 10, United States
Code (article 22(a) of the Uniform Code of Military Justice) is
amended--
(A) by redesignating paragraphs (8) and (9) as
paragraphs (9) and (10), respectively; and
(B) by inserting after paragraph (7) the following
new paragraph (8):
``(8) an officer in the grade of O-6 or higher who is
assigned such responsibility by the Chief of Staff of the Army,
the Chief of Naval Operations, the Chief of Staff of the Air
Force, the Commandant of the Marine Corps, or the Chief of
Space Operations, except that an officer designated as a
convening authority under this paragraph--
``(A) may convene a court-martial only with respect
to a sex-related offense (as defined in section
834(c)(2) of this title (article 34(c)(2))) and any
accompanying charges and specifications; and
``(B) may not convene a court-martial if such
officer is in the chain of command of the accused or
the victim;''.
(2) Offices of chiefs of staff on courts-martial.--
(A) Offices required.--The Chief of Staff of the
Army, the Chief of Naval Operations, the Chief of Staff
of the Air Force, the Commandant of the Marine Corps,
and the Chief of Space Operations shall each establish
or designate an office to do the following:
(i) To convene general and special courts-
martial under sections 822 and 823 of title 10,
United States Code (articles 22 and 23 of the
Uniform Code of Military Justice), pursuant to
paragraph (8) of section 822(a) of title 10,
United States Code (article 22(a) of the
Uniform Code of Military Justice), as amended
by paragraph (1), with respect to a sex-related
offense (as defined in section 834(c)(2) of
title 10, United States Code (article 34(c)(2)
of the Uniform Code of Military Justice)) and
any accompanying charges and specifications.
(ii) To detail under section 825 of title
10, United States Code (article 25 of the
Uniform Code of Military Justice), members of
courts-martial convened as described in clause
(i).
(B) Personnel.--The personnel of each office
established under subparagraph (A) shall consist of
such members of the Armed Forces and civilian personnel
of the Department of Defense as may be detailed or
assigned to the office by the service chief concerned.
The members and personnel so detailed or assigned, as
the case may be, shall be detailed or assigned from
personnel billets in existence on the date of the
enactment of this Act.
(d) Implementation and Effective Date.--
(1) Funding source.--The Secretaries of the military
departments shall carry out subsections (a), (b), and (c) (and
the amendments made by such subsections) using funds
appropriated after the date of enactment of this Act and
otherwise available to the Secretary of the military department
concerned.
(2) Policies and procedures.--
(A) In general.--The Secretaries of the military
departments shall revise policies and procedures as
necessary to comply with this section.
(B) Uniformity.--The General Counsel of the
Department of Defense shall review the policies and
procedures revised under this paragraph in order to
ensure that any lack of uniformity in policies and
procedures, as so revised, among the military
departments does not render unconstitutional any policy
or procedure, as so revised.
(3) Manual for courts-martial.--The Secretary of Defense
shall recommend such changes to the Manual for Courts-Martial
as are necessary to ensure compliance with this section.
(4) Effective date and applicability.--The amendments made
by this section shall take effect on the first day of the first
month beginning after the 2-year period following the date of
the enactment of this Act, and shall apply with respect to
charges preferred under section 830 of title 10, United States
Code (article 30 of the Uniform Code of Military Justice), on
or after such effective date.
SEC. 3. PUNITIVE ARTICLE ON SEXUAL HARASSMENT AND RELATED INVESTIGATION
MATTERS.
(a) Punitive Article on Sexual Harassment.--
(1) In general.--Subchapter X of chapter 47 of title 10,
United States Code (the Uniform Code of Military Justice), is
amended by inserting after section 920c (article 120c) the
following new section (article):
``Sec. 920d. Art. 120d. Sexual harassment
``(a) In General.--Any person subject to this chapter who commits
sexual harassment against another person shall be punished as a court-
martial may direct.
``(b) Sexual Harassment Defined.--
``(1) In this section, the term `sexual harassment' means
conduct that takes place in a circumstance described in
paragraph (2) that takes the form of--
``(A) a sexual advance;
``(B) a request for sexual favors; or
``(C) any other conduct of a sexual nature.
``(2) A circumstance described in this paragraph is a
situation in which--
``(A) submission to the conduct involved is made
either explicitly or implicitly a term or condition of
employment;
``(B) submission to or rejection of such conduct is
used as the basis for an employment decision affecting
an individual's employment; or
``(C) such conduct unreasonably alters an
individual's terms, conditions, or privileges of
employment, including by creating an intimidating
hostile, or offensive work environment, as determined
in accordance with paragraph (3).
``(3) In determining, for purposes of paragraph (2)(C),
whether conduct constitutes sexual harassment because the
conduct unreasonably alters an individual's terms, conditions,
or privileges of employment, including by creating an
intimidating, hostile, or offensive work environment, the
following rules shall apply:
``(A) The determination shall be made on the basis
of the record as a whole, according to the totality of
the circumstances. A single incident may constitute
sexual harassment.
``(B) Incidents that may be sexual harassment shall
be considered in the aggregate, with--
``(i) conduct of varying types (such as
expressions of sex-based hostility, requests
for sexual favors, and denial of employment
opportunities due to sexual orientation) viewed
in totality, rather than in isolation; and
``(ii) conduct based on multiple protected
characteristics (such as sex and race) viewed
in totality, rather than in isolation.
``(C) The factors specified in this subparagraph
are among the factors to be considered in determining
whether conduct constitutes sexual harassment and are
not meant to be exhaustive. No one of those factors
shall be considered to be determinative in establishing
whether conduct constitutes sexual harassment. Such
factors are each of the following:
``(i) The frequency of the conduct.
``(ii) The duration of the conduct.
``(iii) The location where the conduct
occurred.
``(iv) The number of individuals engaged in
the conduct.
``(v) The nature of the conduct, which may
include physical, verbal, pictorial, or visual
conduct, and conduct that occurs in person or
is transmitted, such as electronically.
``(vi) Whether the conduct is threatening.
``(vii) Any power differential between the
alleged harasser and the person allegedly
harassed.
``(viii) Any use of epithets, slurs, or
other conduct that is humiliating or degrading.
``(ix) Whether the conduct reflects
stereotypes about individuals in the protected
class involved.''.
(2) Clerical amendment.--The table of sections at the
beginning of such subchapter is amended by inserting after the
item relating to section 920c (article 120c) the following new
item:
``920d. 120d. Sexual harassment.''.
(b) Investigations of Sexual Harassment.--
(1) In general.--Section 1561 of title 10, United States
Code, is amended to read as follows:
``Sec. 1561. Complaints of sexual harassment: independent investigation
``(a) Action on Complaints Alleging Sexual Harassment.--A
commanding officer or officer in charge of a unit, vessel, facility, or
area of an armed force under the jurisdiction of the Secretary of a
military department, who receives, from a member of the command or a
member under the supervision of the officer, a formal complaint
alleging sexual harassment by a member of the armed forces shall, as
soon as practicable after such receipt, forward the complaint to an
independent investigator.
``(b) Commencement of Investigation.--To the extent practicable, an
independent investigator shall commence an investigation of a formal
complaint of sexual harassment not later than 72 hours after--
``(1) receiving a formal complaint of sexual harassment
forwarded by a commanding officer or officer in charge under
subsection (a); or
``(2) receiving a formal complaint of sexual harassment
directly from a member of the armed forces; and
``(c) Duration of Investigation.--To the extent practicable, an
investigation under subsection (b) shall be completed not later than 14
days after the date on which the investigation commences.
``(d) Report on Command Investigation.--To the extent practicable,
an independent investigator who commences an investigation under
subsection (b) shall--
``(1) submit a final report on the results of the
investigation, including any action taken as a result of the
investigation, to the officer described in subsection (a) not
later than 20 days after the date on which the investigation
commenced; or
``(2) submit a report on the progress made in completing
the investigation to the officer described in subsection (a)
not later than 20 days after the date on which the
investigation commenced and every 14 days thereafter until the
investigation is completed and, upon completion of the
investigation, then submit a final report on the results of the
investigation, including any action taken as a result of the
investigation, to that officer.
``(e) Definitions.--In this section:
``(1) The term `formal complaint' means a complaint that an
individual files in writing and attests to the accuracy of the
information contained in the complaint.
``(2) The term `independent investigator' means a member of
the armed forces or employee of the Department of Defense--
``(A) who is outside the chain of command of the
complainant; and
``(B) whom the Secretary concerned determines is
trained in the investigation of sexual harassment.
``(3) The term `sexual harassment' has the meaning given
that term in section 920d(b) of this title (article 120d of the
Uniform Code of Military Justice).''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 80 of title 10, United States Code, is
amended by striking the item relating to section 1561 and
inserting the following new item:
``1561. Complaints of sexual harassment: independent investigation.''.
(3) Effective date.--The amendment to section 1561 of such
title made by this subsection shall--
(A) take effect on the day that is two years after
the date of the enactment of this Act; and
(B) apply to any investigation of a formal
complaint of sexual harassment (as those terms are
defined in such section, as amended) made on or after
that date.
(4) Report on implementation.--Not later than nine months
after the date of the enactment of this Act, each Secretary of
a military department shall submit to Congress a report on
preparation of that Secretary to implement the amendment to
section 1561 of such title made by this subsection.
SEC. 4. AUTHORIZATION OF CLAIMS BY MEMBERS OF THE ARMED FORCES AGAINST
THE UNITED STATES THAT ARISE FROM SEX-RELATED OFFENSES.
(a) Establishment.--
(1) In general.--Chapter 163 of title 10, United States
Code, is amended by inserting after section 2733a the following
new section:
``Sec. 2733b. Claims arising from sex-related offenses
``(a) In General.--Consistent with this section and under such
regulations as the Secretary of Defense shall prescribe under
subsection (d), the Secretary may allow, settle, and pay a claim
against the United States for personal injury or death of a claimant
arising from--
``(1) a sex-related offense committed by a covered
individual; and
``(2)(A) the negligent failure to prevent such sex-related
offense; or
``(B) the negligent failure to investigate such sex-related
offense.
``(b) Requirement for Claims.--A claim may be allowed, settled, and
paid under subsection (a) only if--
``(1) the claim is filed by the claimant who is the victim
of the sex-related offense, or by an authorized representative
on behalf of such claimant who is deceased or otherwise unable
to file the claim due to incapacitation;
``(2) the claimant was a member of an armed force under the
jurisdiction of the Secretary of a military department at the
time of the sex-related offense;
``(3) the claim is presented to the Department in writing
within two years after the claim accrues;
``(4) the claim is not allowed to be settled and paid under
any other provision of law; and
``(5) the claim is substantiated as prescribed in
regulations prescribed by the Secretary of Defense under
subsection (d).
``(c) Payment of Claims.--(1) If the Secretary of Defense
determines, pursuant to regulations prescribed by the Secretary under
subsection (d), that a claim under this section in excess of $100,000
is meritorious, and the claim is otherwise payable under this section,
the Secretary may pay the claimant $100,000 and report any meritorious
amount in excess of $100,000 to the Secretary of the Treasury for
payment under section 1304 of title 31.
``(2) Except as provided in paragraph (1), no claim may be paid
under this section unless the amount tendered is accepted by the
claimant in full satisfaction.
``(d) Regulations.--(1) The Secretary of Defense shall prescribe
regulations to implement this section.
``(2) Regulations prescribed by the Secretary under paragraph (1)
shall include the following:
``(A) Policies and procedures to ensure the timely,
efficient, and effective processing and administration of
claims under this section, including--
``(i) the filing, receipt, investigation, and
evaluation of a claim;
``(ii) the negotiation, settlement, and payment of
a claim; and
``(iii) such other matters relating to the
processing and administration of a claim, including an
administrative appeals process, as the Secretary
considers appropriate.
``(B) Uniform standards consistent with generally accepted
standards used in a majority of States in adjudicating claims
under chapter 171 of title 28 (commonly known as the `Federal
Tort Claims Act') to be applied to the evaluation, settlement,
and payment of claims under this section without regard to the
place of occurrence of the sex-related offense giving rise to
the claim or the military department of the covered individual,
and without regard to foreign law in the case of claims arising
in foreign countries, including uniform standards to be applied
to determinations with respect to--
``(i) whether an act or omission by a covered
individual was negligent or wrongful, considering the
specific facts and circumstances;
``(ii) whether the personal injury or death of the
claimant was caused by a negligent or wrongful act or
omission of a covered individual;
``(iii) requirements relating to proof of duty,
breach of duty, and causation resulting in compensable
injury or loss, subject to such exclusions as may be
established by the Secretary of Defense; and
``(iv) calculation of damages.
``(C) Such other matters as the Secretary considers
appropriate.
``(3) In order to implement expeditiously the provisions of this
section, the Secretary may prescribe the regulations under this
subsection--
``(A) by prescribing an interim final rule; and
``(B) not later than one year after prescribing such
interim final rule and considering public comments with respect
to such interim final rule, by prescribing a final rule.
``(e) Limitations on Attorney Fees.--(1) No attorney shall charge,
demand, receive, or collect for services rendered, fees in excess of 20
percent of any claim paid pursuant to this section.
``(2) Any attorney who charges, demands, receives, or collects for
services rendered in connection with a claim under this section any
amount in excess of the amount allowed under paragraph (1), if recovery
be had, shall be fined not more than $2,000, imprisoned not more than
one year, or both.
``(3) The United States shall not be liable for any attorney fees
of a claimant under this section.
``(f) Annual Report.--Not less frequently than annually until 2026,
the Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a report--
``(1) indicating the number of claims processed under this
section;
``(2) indicating the resolution of each such claim; and
``(3) describing any other information that may enhance the
effectiveness of the claims process under this section.
``(g) Definitions.--In this section:
``(1) The term `covered individual' means a member of the
armed forces or an employee of the Department of Defense.
``(2) The term `sex-related offense' has the meaning given
that term in section 834 of this title.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 163 of such title is amended by inserting
after the item relating to section 2733a the following new
item:
``2733b. Claims arising from sex-related offenses.''.
(b) Interim Briefing on Development of Regulations.--Not later than
180 days after the date of the enactment of this Act, the Secretary of
Defense shall provide to the Committees on Armed Services of the Senate
and the House of Representatives a briefing on the development of
regulations under section 2733b(d) of title 10, United States Code, as
added by subsection (a)(1).
(c) Conforming Amendments.--
(1) Section 2735 of such title is amended by inserting
``2733b,'' after ``2733a,''.
(2) Section 1304(a)(3)(D) of title 31, United States Code,
is amended by inserting ``2733b,'' after ``2733a,''.
(d) Effective Date and Transition Provision.--
(1) Effective date.--The amendments made by this section
shall apply to any claim filed under section 2733b of such
title, as added by subsection (a)(1), on or after January 1,
2022.
(2) Transition.--Any claim filed in calendar year 2021
shall be deemed to be filed within the time period specified in
section 2733b(b)(2) of such title, as so added, if it is filed
within three years after it accrues.
SEC. 5. REPORTS ON SEXUAL HARASSMENT/ASSAULT RESPONSE PROGRAMS OF THE
ARMED FORCES.
(a) Secretary of Defense Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to Congress a report on the Sexual Harassment/Assault
Response Programs of each military department.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) A description and assessment of the Sexual
Harassment/Assault Response Program of each military
department including the funding for such program, the
manner in which such funding is allocated, and the
elements of such program that receive funding.
(B) A comparative assessment of the feasibility and
advisability of carrying out the Sexual Harassment/
Assault Response Programs through each structure as
follows:
(i) The current structure.
(ii) A structure involving discharge
through civilian personnel.
(iii) A structure involving discharge
though substantial numbers of contractors.
(iv) A structure involving the
establishment of a military occupational
specialty to permit members of the Armed Forces
to extend their time in a Sexual Harassment/
Assault Response Program and professionalize
their services (including proper education and
training as well as continuing education).
(v) Any other structure the Secretary
considers appropriate.
(b) Comptroller General of the United States Report.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Comptroller General of the
United States shall submit to Congress a report on the Sexual
Harassment/Assault Response Programs of the military
departments.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) An assessment by the Comptroller General of the
efficacy and impacts of the Sexual Harassment/Assault
Response Programs of the military departments.
(B) Such recommendations as the Comptroller General
considers appropriate for improvements to the Sexual
Harassment/Assault Response Programs.
SEC. 6. IMPROVEMENT OF THE SEXUAL HARASSMENT/ASSAULT RESPONSE PROGRAM
OF THE ARMY.
(a) Improvements and Modifications.--
(1) In general.--The Secretary of the Army shall take such
actions as are necessary to enhance the independence and
professionalization of the Sexual Harassment/Assault Response
Program of the Army (referred to in this section as the
``Program'').
(2) Regulations and guidance.--In carrying out paragraph
(1), the Secretary of the Army shall modify the regulations,
policies, and guidance relating to the Program, to meet the
following criteria:
(A) Personnel of the Program shall be selected by
the Department of the Army through a centralized
process that does not rely upon internal unit
appointments.
(B) Personnel of the Program shall not be
supervised by unit commanders.
(C) The Program shall be structured to support the
command while remaining independent from local
commands, including through the establishment of an
independent reporting chain and a central supervisory
office.
(D) Except as provided subparagraph (E), the
Program shall consist entirely of full-time personnel,
including Victim Advocates and Sexual Assault Response
Coordinators.
(E) Part-time personnel may be assigned to the
Program only if the responsibilities of such
personnel--
(i) are limited to activities relating to
prevention; and
(ii) do not involve reporting or providing
assistance directly to victims.
(F) Each manager of the Program shall be a civilian
employee of the Department of Defense who is--
(i) a senior executive (as defined in
section 3132 of title 5, United States Code);
(ii) otherwise classified above GS-15 (as
provided in section 5108 of title 5, United
States Code) and rated by the Senior Pentagon-
level Commander of the Program; or
(iii) in the case of a manager supporting
an O-7 level command, an employee classified at
GS-15.
(G) The responsibilities of the Sexual Assault
Review Board as set forth in regulation shall be
revised to incorporate a requirement for periodic trend
analysis of problems related to providing for the needs
of victims.
(b) Review and Report.--
(1) In general.--The Secretary of the Army shall--
(A) evaluate whether to create a separate career
track for personnel of the Program, which may include a
separate occupational specialty or strengthened
qualification identifier, with consideration of
strategies for ensuring that positions in the Program
are competitive for promotion with positions in other
areas; and
(B) conduct a comprehensive review of the
certification courses and professional standards under
the Program.
(2) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of the Army shall submit
to the Committees on Armed Services of the Senate and the House
of Representatives a report on the results of the evaluation
and review conducted under paragraph (1).
(c) Deadline for Implementation.--The Secretary of the Army shall
implement the improvements and modifications required under subsections
(a) and (b) not later than two years after the date of the enactment of
this Act.
<all> | I am Vanessa Guillén Act of 2021 | To amend title 10, United States Code, to improve the responses of the Department of Defense to sex-related offenses, and for other purposes. | I am Vanessa Guillén Act of 2021 | Rep. Speier, Jackie | D | CA |
1,195 | 12,827 | H.R.5634 | Environmental Protection | Oil Spill Response Enhancement Act of 2021
This bill authorizes the President to indemnify, subject to specified limits, contractors that respond to oil spills and other discharges of hazardous substances for certain liabilities. | To amend the Federal Water Pollution Control Act with respect to
contracts for oil spill response, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Oil Spill Response Enhancement Act
of 2021''.
SEC. 2. OIL AND HAZARDOUS SUBSTANCE REMOVAL.
Section 311(c) of the Federal Water Pollution Control Act (33
U.S.C. 1321(c)) is amended--
(1) in paragraph (1)(B)--
(A) in clause (ii), by striking ``and'' at the end;
(B) in clause (iii), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(iv) enter into a contract with a person to carry
out the removal actions under this subparagraph and
shall indemnify that person with whom the President has
entered into a contract under this clause for
liabilities arising out of the performance of the
contract, and expenses, incidental thereto, that are
not compensated by any insurance required under the
contract.''; and
(2) by adding at the end the following:
``(7) Limitations on indemnity.--Indemnification provided
under paragraph (1)(B)(iv) shall be made solely from funds that
are available in the Oil Spill Liability Trust Fund established
by section 9509 of the Internal Revenue Code of 1986 and may
not include indemnification for any liability of the person--
``(A) who is a responsible party for the discharge;
``(B) arising from the gross negligence or willful
misconduct of the person;
``(C) arising from the gross negligence or willful
misconduct of a person in the violation of paragraph
(3);
``(D) arising from the gross negligence or willful
misconduct of a person in the breach of an express term
of the contract;
``(E) for which the contractor has failed to
maintain any insurance required by the contract; or
``(F) that exceeds the per incident limit described
in section 9509(c)(2)(A) of the Internal Revenue Code
of 1986.''.
SEC. 3. USES OF THE OIL SPILL LIABILITY TRUST FUND.
(a) In General.--Section 1012(a) of the Oil Pollution Act of 1990
(33 U.S.C. 2712(a)) is amended--
(1) in paragraph (4), by striking ``and'' at the end;
(2) in paragraph (5)(D), by striking the period and
inserting ``; and''; and
(3) by adding at the end the following:
``(6) the indemnification of persons with whom the
President has entered into a contract pursuant to paragraph
(1)(B)(i) of section 311(c) of the Federal Water Pollution
Control Act (33 U.S.C. 1321(c)) for liabilities arising out of
the performance of the contract, and litigation costs and
attorneys' fees incidental thereto, that are not compensated by
any insurance required under the contract.''.
(b) Availability.--Section 6002(b) of the Oil Pollution Act of 1990
(33 U.S.C. 2752(b)) is amended by striking ``1012(a)(4)'' and inserting
``1012(a)(4) and (6)''.
<all> | Oil Spill Response Enhancement Act of 2021 | To amend the Federal Water Pollution Control Act with respect to contracts for oil spill response, and for other purposes. | Oil Spill Response Enhancement Act of 2021 | Rep. Young, Don | R | AK |
1,196 | 12,754 | H.R.8817 | Health | National Nursing Workforce Center Act of 2022
This bill sets out a pilot program to support state agencies, state boards of nursing, nursing schools, or other eligible entities with establishing or expanding state-based nursing workforce centers that carry out research, planning, and programs to address nursing shortages, nursing education, and other matters affecting the nursing workforce. The bill also expands the authority of the Health Resources and Services Administration (HRSA) to establish health workforce research centers and specifically requires that HRSA establish a center focused on nursing. | To amend the Public Health Service Act to support and stabilize the
existing nursing workforce, establish programs to increase the number
of nurses, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Nursing Workforce Center
Act of 2022''.
SEC. 2. STATE NURSING WORKFORCE CENTERS.
Title VII of the Public Health Service Act (42 U.S.C. 292 et seq.)
is amended--
(1) by redesignating part G (42 U.S.C. 295j et seq.) as
part H; and
(2) by inserting after part F the following new part:
``PART G--NURSING WORKFORCE CENTERS
``SEC. 785. STATE AND REGIONAL NURSING WORKFORCE CENTER DATA COLLECTION
PILOT PROGRAM.
``(a) In General.--The Secretary shall carry out a 3-year pilot
program to establish new or enhance existing State-based nursing
workforce centers, evaluate the impact of State-based nursing workforce
centers on outcomes, and assess the feasibility of nursing workforce
public-private partnerships. The Secretary shall begin implementation
of such pilot program not later than 1 year after the date of enactment
of the National Nursing Workforce Center Act of 2022.
``(b) Grant Terms.--
``(1) Number of grants awarded.--The Secretary shall award
not less than 6 grants under the pilot program under subsection
(a).
``(2) Term.--The term of a grant awarded under the pilot
program under subsection (a) shall be 3 years.
``(3) Matching requirement.--As a condition on receipt of a
grant under the pilot program under subsection (a), the
Secretary shall require the applicant to agree, with respect to
costs to be incurred by the applicant in carrying out the
activities funded through the grant, to make available non-
Federal contributions (in cash or in kind) toward such costs in
an amount that is equal to not less than $1 for each $4 of
Federal funds provided through the grant. Such contributions
may be made directly or through donations from public or
private entities.
``(c) Eligibility.--To be eligible to receive a grant under this
section, an entity shall be--
``(1) a State agency;
``(2) a State board of nursing;
``(3) an organization that is exempt from taxation under
section 501(c)(3) of the Internal Revenue Act of 1986;
``(4) a community-based organization;
``(5) a school of nursing (as defined in section 801); or
``(6) a school or program determined by the Secretary to be
an eligible entity for purposes of this section.
``(d) Equitable Distribution.--In awarding grants under this
section, the Secretary shall ensure, to the greatest extent possible,
that such grants are equitably distributed among--
``(1) the geographical regions of the United States; and
``(2) States with an existing nursing workforce center and
States without any such existing center.
``(e) Priority.--In selecting the eligible entity to be awarded a
grant under this section for a nursing workforce center in a particular
State, the Secretary shall give priority to eligible entities that--
``(1) propose to provide statewide services;
``(2) have expertise in the State's nursing workforce
issues;
``(3) have a history of convening entities to address
nursing workforce issues; and
``(4) have partnerships with entities that traditionally
educate and employ the State's nurses.
``(f) Use of Funds.--A nursing workforce center supported under
this section may use funds provided under this section for the
following statewide activities:
``(1) Conducting comprehensive analysis of and research
on--
``(A) existing State nursing workforce data and
gaps in such data;
``(B) two- and four-year nursing education
programs, including with respect to--
``(i) faculty capacity and pay;
``(ii) enrollment, retention, and
graduation;
``(iii) services for nursing students and
the outcomes of such services;
``(iv) facility needs; and
``(v) clinical placement capacity;
``(C) State-specific scholarships, grants, and
financial aid; and
``(D) factors contributing to retention and
recruitment challenges and to nurses leaving the
workplace or profession.
``(2) Conducting strategic nursing workforce planning with
employers across all work settings and nursing education.
``(3) Conducting focused research on trends in nursing
shortages, including the fiscal and clinical outcomes of
contract nursing.
``(4) Establishing and implementing programs to--
``(A) support and retain faculty to increase
enrollment in schools of nursing;
``(B) recruit and retain nurses in all settings
where nurses practice;
``(C) support leadership development;
``(D) prepare the nursing workforce to address
social determinants of health and health inequities;
``(E) prepare nurses for public health crisis and
pandemic response;
``(F) assist individuals in obtaining education and
training required to enter the nursing profession, and
advance within such profession, such as by providing
career counseling and mentoring; and
``(G) diversify the nursing workforce.
``(g) Reports.--Not later than one year after the date on which the
first grant is awarded under the pilot program under subsection (a),
and annually thereafter, the Secretary shall submit to the Congress a
report on the grants awarded under such pilot program during the year
covered by the report. Each such report shall include--
``(1) a description of initiatives to study the unique
characteristics of State nursing workforces, and efforts to
increase the number of new nurses, recruit nurses to the
nursing profession, and retain nurses in the workplace;
``(2) impact data on nurses served by nursing workforce
centers, including demographic information of the individuals
served, the number of such individuals, and the types of
services provided;
``(3) the effectiveness of establishing formal public-
private relationships at understanding the national nursing
workforce through improved data collection and standardization;
``(4) data on continuous evaluation and quality
improvement, and other relevant data as determined by the
Secretary; and
``(5) the Secretary's recommendations and best practices
for--
``(A) reducing shortages among different nursing
specialties;
``(B) reducing shortages in rural and underserved
areas;
``(C) improving geographical distribution of the
nursing workforce; and
``(D) reducing shortages among different types of
nursing employers.
``(h) Authorization of Appropriations.--To carry out this section,
out of funds appropriated to the general departmental management
account of the Office of the Secretary, there is authorized to be
appropriated $1,500,000 for each of fiscal years 2023 through 2025.''.
SEC. 3. STATE AND REGIONAL CENTERS FOR HEALTH WORKFORCE ANALYSIS.
(a) Expansion of Covered Programs.--Section 761(c)(1)(A) of the
Public Health Service Act (42 U.S.C. 294n(c)(1)(A)) is amended by
striking ``under this title'' and inserting ``under this Act''.
(b) Analysis and Technical Assistance.--Section 761(c) of the
Public Health Service Act (42 U.S.C. 294n(c)) is amended by adding at
the end the following:
``(3) Minimum requirement.--At least one grant or contract
awarded under this subsection shall be awarded to an eligible
entity that demonstrates--
``(A) a mission to advance and support the nursing
workforce;
``(B) experience and expertise in guiding State-
level nursing workforce centers;
``(C) experience in working with nursing workforce
data;
``(D) expertise in analytical methods and tools
appropriate for nursing workforce research; and
``(E) awareness of emerging topics, issues, and
trends related to the nursing workforce.
``(4) Analysis and reporting.--Analysis and reporting
carried out pursuant to a grant or contract under this
subsection may include--
``(A) collaborating with nursing workforce centers
to produce or deliver, with respect to the supply of
nurses, the demand for nurses, and the capacity to
educate and train the nursing workforce--
``(i) regional and national reports;
``(ii) articles in peer-reviewed journals;
``(iii) presentations at national and
international conferences and meetings; and
``(iv) policy briefs, fact sheets,
articles, blogs, and other publications
available in the public domain;
``(B) evaluating the programs and activities of the
nursing workforce centers overall;
``(C) developing evidence-based or evidence-
informed strategies and best practices to alleviate
nursing workforce shortages across States and regions;
and
``(D) conducting rapid data analysis and short-
term, issue-specific research.
``(5) Technical assistance.--Technical assistance provided
pursuant to this subsection may include--
``(A) providing technical assistance to nursing
workforce centers on the collection, analysis, and
reporting of standardized supply, demand, and education
and training data to inform analysis conducted pursuant
to subsection (c)(1);
``(B) collaborating with nursing workforce centers
to identify and deliver evidence-based or evidence-
informed strategies to alleviate nursing shortages and
the maldistribution of nurses;
``(C) providing online and in-person training
opportunities for nurses and other staff at nursing
workforce centers; and
``(D) developing and maintaining a website that--
``(i) is accessible to grant and contract
recipients under section 785 and this section;
``(ii) supports resources for the provision
of technical assistance under this section,
such as--
``(I) evidence-based or evidence-
informed educational materials, tools,
recent findings of interest, and links
to relevant resources; and
``(II) logistical and
administrative information, such as
online trainings, webinars, and
publications; and
``(iii) includes a publicly accessible
repository of webinars, tools, and resources.
``(6) Definition.--In this subsection, the term `nursing
workforce center' means a nursing workforce center funded under
section 785.''.
<all> | National Nursing Workforce Center Act of 2022 | To amend the Public Health Service Act to support and stabilize the existing nursing workforce, establish programs to increase the number of nurses, and for other purposes. | National Nursing Workforce Center Act of 2022 | Rep. Blunt Rochester, Lisa | D | DE |
1,197 | 9,927 | H.R.5040 | Health | Helping Seniors Afford Health Care Act
This bill alters eligibility standards and related processes for several programs that provide premium and cost-sharing assistance to low-income Medicare beneficiaries.
Among other things, the bill expands income eligibility for the Qualified Medicare Beneficiary Program and the Specified Low-Income Medicare Beneficiary Program to up to 135% and 200% of the federal poverty level (FPL), respectively, and provides an enhanced Federal Medical Assistance Percentage (i.e., federal matching rate) to state Medicaid programs for expenditures related to the expansion. The bill also repeals the Qualifying Individual Program (which currently provides premium assistance to beneficiaries with incomes between 120% and 135% of the FPL). | To amend titles XVIII and XIX of the Social Security Act to reduce
cost-sharing, align income and resource eligibility tests, simplify
enrollment, and provide for other program improvements for low-income
Medicare beneficiaries.
Be it enacted by the Senate 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 Seniors Afford Health Care
Act''.
SEC. 2. REDUCING COST-SHARING, ALIGNING INCOME AND RESOURCE ELIGIBILITY
TESTS, SIMPLIFYING ENROLLMENT, AND OTHER PROGRAM
IMPROVEMENTS FOR LOW-INCOME BENEFICIARIES.
(a) Increase in Income Eligibility to 135 Percent of FPL for
Qualified Medicare Beneficiaries.--
(1) In general.--Section 1905(p)(2)(A) of the Social
Security Act (42 U.S.C. 1396d(p)(2)(A)) is amended by striking
``shall be at least the percent provided under subparagraph (B)
(but not more than 100 percent) of the official poverty line''
and all that follows through the period at the end and
inserting the following: ``shall be--
``(i) before January 1, 2022, at least the
percent provided under subparagraph (B) (but
not more than 100 percent) of the official
poverty line (as defined by the Office of
Management and Budget, and revised annually in
accordance with section 673(2) of the Omnibus
Budget Reconciliation Act of 1981) applicable
to a family of the size involved; and
``(ii) on or after January 1, 2022, equal
to 135 percent of the official poverty line (as
so defined and revised) applicable to a family
of the size involved.''.
(2) Not counting in-kind support and maintenance as
income.--Section 1905(p)(2)(D) of the Social Security Act (42
U.S.C. 1396d(p)(2)(D)) is amended by adding at the end the
following new clause:
``(iii) In determining income under this subsection,
support and maintenance furnished in kind shall not be counted
as income.''.
(b) Increase in Income Eligibility to 200 Percent of FPL for
Specified Low-Income Medicare Beneficiaries.--
(1) Eligibility of individuals with incomes below 150
percent of fpl.--Section 1902(a)(10)(E) of the Social Security
Act (42 U.S.C. 1396a(a)(10)(E)) is amended--
(A) by adding ``and'' at the end of clause (ii);
(B) in clause (iii)--
(i) by striking ``and 120 percent in 1995
and years thereafter'' and inserting ``120
percent in 1995 and years thereafter before
2022, and 200 percent in 2022 and years
thereafter''; and
(ii) by striking ``and'' at the end; and
(C) by striking clause (iv).
(2) References.--Section 1905(p)(1) of the Social Security
Act (42 U.S.C. 1396d(p)(1)) is amended by adding at and below
subparagraph (C) the following flush sentence:
``The term `specified low-income medicare beneficiary' means an
individual described in section 1902(a)(10)(E)(iii).''.
(3) Conforming amendments.--
(A) The first sentence of section 1905(b) of such
Act (42 U.S.C. 1396d(b)) is amended by striking ``and
section 1933(d)''.
(B) Section 1933 of such Act (42 U.S.C. 1396u-3) is
repealed.
(c) 100 Percent FMAP.--Section 1905 of the Social Security Act (42
U.S.C. 1396d) is amended by adding at the end the following new
subsection:
``(jj) Increased FMAP for Expanded Medicare Cost-Sharing
Populations.--
``(1) In general.--Notwithstanding subsection (b), with
respect to expenditures described in paragraph (2) the Federal
medical assistance percentage shall be equal to 100 percent.
``(2) Expenditures described.--The expenditures described
in this paragraph are expenditures made on or after January 1,
2022, for medical assistance for medicare cost-sharing provided
to any individual under clause (i), (ii), or (iii) of section
1902(a)(10)(E) who would not have been eligible for medicare
cost-sharing under any such clause under the income or resource
eligibility standards in effect on October 1, 2018.''.
(d) Consolidation of Low-Income Subsidy Resource Eligibility
Tests.--
(1) In general.--Section 1860D-14(a)(3) of the Social
Security Act (42 U.S.C. 1395w-114(a)(3)) is amended--
(A) by striking subparagraph (D);
(B) by redesignating subparagraphs (E) through (G)
as subparagraphs (D) through (F), respectively; and
(C) in the heading of subparagraph (D), as so
redesignated, by striking ``Alternative''.
(2) Clarification of certain rules relating to income and
resource determinations.--Section 1860D-14(a)(3) of the Social
Security Act (42 U.S.C. 1395w-114(a)(3)), as amended by
paragraph (1), is amended by striking subparagraph (F) and
inserting the following new subparagraphs:
``(F) Resource exclusions.--In determining the
resources of an individual (and the eligible spouse of
the individual, if any) under section 1613 for purposes
of subparagraph (D)--
``(i) no part of the value of any life
insurance policy shall be taken into account;
``(ii) no part of the value of any vehicle
shall be taken into account;
``(iii) there shall be excluded an amount
equal to $1,500 each with respect to any
individual or eligible spouse of an individual
who attests that some of the resources of such
individual or spouse will be used to meet the
burial and related expenses of such individual
or spouse; and
``(iv) no balance in, or benefits received
under, an employee pension benefit plan (as
defined in section 3 of the Employee Retirement
Income Security Act of 1974) shall be taken
into account.
``(G) Family size.--In determining the size of the
family of an individual for purposes of determining the
income eligibility of such individual under this
section, an individual's family shall consist of--
``(i) the individual;
``(ii) the individual's spouse who lives in
the same household as the individual (if any);
and
``(iii) any other individuals who--
``(I) are related to the individual
whose income eligibility is in question
or such individual's spouse who lives
in the same household;
``(II) are living in the same
household as such individual; and
``(III) are dependent on such
individual or such individual's spouse
who is living in the same household for
at least one-half of their financial
support.''.
(3) Conforming amendments.--Section 1860D-14(a) of the
Social Security Act (42 U.S.C. 1395w-114(a)) is amended--
(A) in paragraph (1), in the matter preceding
subparagraph (A), by inserting ``(as determined under
paragraph (3)(G))'' after ``family of the size
involved''; and
(B) in paragraph (3), as amended by paragraphs (1)
and (2)--
(i) in subparagraph (A), in the matter
preceding clause (i), by striking
``subparagraph (F)'' and inserting
``subparagraph (E)'';
(ii) in subparagraph (A)(ii), by inserting
``(as determined under subparagraph (G))''
after ``family of the size involved'';
(iii) in subparagraph (A)(iii), by striking
``or (E)'';
(iv) in subparagraph (B)(v), in the matter
preceding subclause (I), by striking
``subparagraph (F)'' and inserting
``subparagraph (E)''; and
(v) in subparagraph (D)(i), in the matter
preceding subclause (I), by striking ``subject
to the life insurance policy exclusion provided
under subparagraph (G)'' and inserting
``subject to the resource exclusions provided
under subparagraph (F)''.
(e) Alignment of Low-Income Subsidy and Medicare Savings Program
Income and Resource Eligibility Tests.--
(1) Application of medicaid spousal impoverishment resource
allowance to msp and lis resource eligibility.--Section
1905(p)(1)(C) of the Social Security Act (42 U.S.C.
1396d(p)(1)(C)) is amended to read as follows:
``(C) whose resources (as determined under section 1613 for
purposes of the supplemental security income program subject to
the resource exclusions under subparagraph (G) of section
1860D-14(a)(3)) do not exceed--
``(i) in the case of an individual with a spouse,
an amount equal to the sum of the first amount
specified in subsection (f)(2)(A)(i) of section 1924
(as adjusted under subsection (g) of such section) and
the amount specified in subsection (f)(2)(A)(ii)(II) of
such section (as so adjusted); or
``(ii) in the case of an individual who does not
have a spouse, an amount equal to \1/2\ of the amount
described in clause (i).''.
(2) Application to qdwis.--Section 1905(s)(3) of the Social
Security Act (42 U.S.C. 1396d(s)(3)) is amended to read as
follows:
``(3) whose resources (as determined under section 1613 for
purposes of the supplemental security income program subject to
the resource exclusions under subparagraph (G) of section
1860D-14(a)(3)) do not exceed--
``(A) in the case of an individual with a spouse,
the amount in effect for the year under clause (i) of
subsection (p)(1)(C); and
``(B) in the case of an individual who does not
have a spouse, the amount in effect for the year under
clause (ii) of subsection (p)(1)(C); and''.
(3) Application to lis.--Clause (i) of section 1860D-
14(a)(3)(D) of the Social Security Act (42 U.S.C. 1395w-
114(a)(3)(D)), as redesignated and amended by subsection
(d)(1), is amended to read as follows:
``(i) In general.--The resources
requirement of this subparagraph is that an
individual's resources (as determined under
section 1613 for purposes of the supplemental
security income program subject to the resource
exclusions provided under subparagraph (G)) do
not exceed the amount in effect for the year
under section 1905(p)(1)(C)(ii).''.
(f) Enrollment Simplifications.--
(1) Application of 3-month retroactive eligibility to
qmbs.--
(A) In general.--Section 1902(e)(8) of the Social
Security Act (42 U.S.C. 1396a(e)(8)) is amended by
striking ``after the end of the month in which the
determination first occurs'' and inserting ``in or
after the third month before the month in which the
individual makes application for assistance''.
(B) Process for submitting claims during
retroactive eligibility period.--Section 1902(e)(8) of
the Social Security Act (42 U.S.C. 1396a(e)(8)) is
further amended by adding at the end the following:
``The Secretary shall provide for a process under which
claims for medical assistance under the State plan may
be submitted for services furnished to such an
individual during such 3-month period before the month
in which the individual made application for
assistance.''.
(C) Conforming amendment.--Section 1905(a) of the
Social Security Act (42 U.S.C. 1396d(a)) is amended, in
the matter preceding paragraph (1), by striking ``or,
in the case of medicare cost-sharing with respect to a
qualified medicare beneficiary described in subsection
(p)(1), if provided after the month in which the
individual becomes such a beneficiary''.
(2) State option for 12-month continuous eligibility for
slmbs and qwdis.--Section 1902(e)(12) of the Social Security
Act (42 U.S.C. 1396a(e)(12)) is amended--
(A) by redesignating subparagraphs (A) and (B) as
clauses (i) and (ii), respectively;
(B) by inserting ``(A)'' after ``(12)''; and
(C) by adding at the end the following:
``(B) At the option of the State, the plan may provide that an
individual who is determined to be eligible for benefits under a State
plan approved under this title under any of the following eligibility
categories, or who is redetermined to be eligible for such benefits
under any of such categories, shall be considered to meet the
eligibility requirements met on the date of application and shall
remain eligible for those benefits until the end of the 12-month period
following the date of the determination or redetermination of
eligibility, except that a State may provide for such determinations
more frequently, but not more frequently than once every 6 months for
an individual:
``(i) A specified low-income medicare beneficiary described
in subsection (a)(10)(E)(iii) of this section who is determined
eligible for medicare cost sharing described in section
1905(p)(3)(A)(ii).
``(ii) A qualified disabled and working individual
described in section 1905(s) who is determined eligible for
medicare cost-sharing described in section 1905(p)(3)(A)(i).''.
(3) State option to use express lane eligibility for the
medicare savings program.--Section 1902(e)(13)(A) of the Social
Security Act (42 U.S.C. 1396a(e)(13)(A)) is amended by adding
at the end the following new clause:
``(iii) State option to extend express lane
eligibility to other populations.--
``(I) In general.--At the option of the
State, the State may apply the provisions of
this paragraph with respect to determining
eligibility under this title for an eligible
individual (as defined in subclause (II)). In
applying this paragraph in the case of a State
making such an option, any reference in this
paragraph to a child with respect to this title
(other than a reference to child health
assistance) shall be deemed to be a reference
to an eligible individual.
``(II) Eligible individual defined.--In
this clause, the term `eligible individual'
means any of the following:
``(aa) A qualified medicare
beneficiary described in section
1905(p)(1) for purposes of determining
eligibility for medicare cost-sharing
(as defined in section 1905(p)(3)).
``(bb) A specified low-income
medicare beneficiary described in
subsection (a)(10)(E)(iii) of this
section for purposes of determining
eligibility for medicare cost-sharing
described in section 1905(p)(3)(A)(ii).
``(cc) A qualified disabled and
working individual described in section
1905(s) for purposes of determining
eligibility for medicare cost-sharing
described in section
1905(p)(3)(A)(i).''.
(g) Medicaid Treatment of Certain Medicare Providers.--Section
1902(n) of the Social Security Act (42 U.S.C. 1396a(n)) is amended by
adding at the end the following new paragraph:
``(4) A State plan shall not deny a claim from a provider or
supplier with respect to medicare cost-sharing described in
subparagraph (B), (C), or (D) of section 1905(p)(3) for an item or
service which is eligible for payment under title XVIII on the basis
that the provider or supplier does not have a provider agreement in
effect under this title or does not otherwise serve all individuals
entitled to medical assistance under this title. The State shall create
a mechanism through which provider or suppliers that do not otherwise
have provider agreements with the State can bill the State for medicare
cost-sharing for qualified medicare beneficiaries.''.
(h) Eligibility for Other Programs.--Section 1905(p) of the Social
Security Act (42 U.S.C. 1396d(p)) is amended by adding at the end the
following new paragraph:
``(7) Notwithstanding any other provision of law, any medical
assistance for some or all medicare cost-sharing under this title shall
not be considered income or resources in determining eligibility for,
or the amount of assistance or benefits provided under, any other
public benefit provided under Federal law or the law of any State or
political subdivision thereof.''.
(i) Treatment of Qualified Medicare Beneficiaries, Specified Low-
Income Medicare Beneficiaries, and Other Dual Eligibles as Medicare
Beneficiaries.--Section 1862 of the Social Security Act (42 U.S.C.
1395y) is amended by adding at the end the following new subsection:
``(p) Treatment of Qualified Medicare Beneficiaries (QMBs),
Specified Low-Income Medicare Beneficiaries (SLMBs), and Other Dual
Eligibles.--Nothing in this title shall be construed as authorizing a
provider of services or supplier to discriminate (through a private
contractual arrangement or otherwise) against an individual who is
otherwise entitled to services under this title on the basis that the
individual is a qualified medicare beneficiary (as defined in section
1905(p)(1)), a specified low-income medicare beneficiary, or is
otherwise eligible for medical assistance for medicare cost-sharing or
other benefits under title XIX.''.
(j) Additional Funding for State Health Insurance Assistance
Programs.--
(1) Grants.--
(A) In general.--The Secretary of Health and Human
Services (in this subsection referred to as the
``Secretary'') shall use amounts made available under
subparagraph (B) to make grants to States for State
health insurance assistance programs receiving
assistance under section 4360 of the Omnibus Budget
Reconciliation Act of 1990.
(B) Funding.--For purposes of making grants under
this subsection, the Secretary shall provide for the
transfer, from the Federal Hospital Insurance Trust
Fund under section 1817 of the Social Security Act (42
U.S.C. 1395i) and the Federal Supplementary Medical
Insurance Trust Fund under section 1841 of such Act (42
U.S.C. 1395t), in the same proportion as the Secretary
determines under section 1853(f) of such Act (42 U.S.C.
1395w-23(f)), of $50,000,000 to the Centers for
Medicare & Medicaid Services Program Management Account
for each of the fiscal years 2022 through 2026, to
remain available until expended.
(2) Amount of grants.--The amount of a grant to a State
under this subsection from the total amount made available
under paragraph (1) shall be equal to the sum of the amount
allocated to the State under paragraph (3)(A) and the amount
allocated to the State under subparagraph (3)(B).
(3) Allocation to states.--
(A) Allocation based on percentage of low-income
beneficiaries.--The amount allocated to a State under
this subparagraph from \2/3\ of the total amount made
available under paragraph (1) shall be based on the
number of individuals who meet the requirement under
subsection (a)(3)(A)(ii) of section 1860D-14 of the
Social Security Act (42 U.S.C. 1395w-114) but who have
not enrolled to receive a subsidy under such section
1860D-14 relative to the total number of individuals
who meet the requirement under such subsection
(a)(3)(A)(ii) in each State, as estimated by the
Secretary.
(B) Allocation based on percentage of rural
beneficiaries.--The amount allocated to a State under
this subparagraph from \1/3\ of the total amount made
available under paragraph (1) shall be based on the
number of part D eligible individuals (as defined in
section 1860D-1(a)(3)(A) of such Act (42 U.S.C. 1395w-
101(a)(3)(A))) residing in a rural area relative to the
total number of such individuals in each State, as
estimated by the Secretary.
(4) Portion of grant based on percentage of low-income
beneficiaries to be used to provide outreach to individuals who
may be subsidy eligible individuals or eligible for the
medicare savings program.--Each grant awarded under this
subsection with respect to amounts allocated under paragraph
(3)(A) shall be used to provide outreach to individuals who may
be subsidy eligible individuals (as defined in section 1860D-
14(a)(3)(A) of the Social Security Act (42 U.S.C. 1395w-
114(a)(3)(A))) or eligible for the program of medical
assistance for payment of the cost of medicare cost-sharing
under the Medicaid program pursuant to sections 1902(a)(10)(E)
and 1933 of such Act (42 U.S.C. 1396a(a)(10)(E), 1396u-3).
(k) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments and repeal made by this section take effect on
January 1, 2022, and, with respect to title XIX of the Social
Security Act, apply to calendar quarters beginning on or after
January 1, 2022.
(2) Exception for state legislation.--In the case of a
State plan for medical assistance under title XIX of the Social
Security Act which the Secretary of Health and Human Services
determines requires State legislation (other than legislation
appropriating funds) in order for the plan to meet the
additional requirements imposed by the amendments and repeal
made by this section, the State plan shall not be regarded as
failing to comply with the requirements of such title solely on
the basis of its failure to meet these additional requirements
before the first day of the first calendar quarter beginning
after the close of the first regular session of the State
legislature that begins after the date of the enactment of this
Act. For purposes of the previous sentence, in the case of a
State that has a 2-year legislative session, each year of such
session shall be deemed to be a separate regular session of the
State legislature.
<all> | Helping Seniors Afford Health Care Act | To amend titles XVIII and XIX of the Social Security Act to reduce cost-sharing, align income and resource eligibility tests, simplify enrollment, and provide for other program improvements for low-income Medicare beneficiaries. | Helping Seniors Afford Health Care Act | Rep. Blunt Rochester, Lisa | D | DE |
1,198 | 13,466 | H.R.6452 | Armed Forces and National Security | null | To require the Director of National Intelligence to produce a National
Intelligence Estimate on escalation and de-escalation of gray zone
activities in great power competition, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Gathering and Reporting Assessments
Yielding Zero Overlooked Nefarious Efforts Act''.
SEC. 2. NATIONAL INTELLIGENCE ESTIMATE ON ESCALATION AND DE-ESCALATION
OF GRAY ZONE ACTIVITIES IN GREAT POWER COMPETITION.
(a) Findings.--Congress finds the following:
(1) The conventional power of the United States has driven
foreign adversaries to a level of competition that does not
always depend on military confrontation with the United States.
(2) Rather than challenging the United States in a manner
that could provoke a kinetic military response, foreign
adversaries of the United States have turned to carrying out
gray zone activities to advance the interests of such
adversaries, weaken the power of the United States, and erode
the norms that underpin the United States-led international
order.
(3) Gray zone activity falls on a spectrum of attribution
and deniability that ranges from covert adversary operations,
to detectible covert adversary operations, to unattributable
adversary operations, to deniable adversary operations, to open
adversary operations.
(4) To adequately address such a shift to gray zone
activity, the United States must understand what actions tend
to either escalate or de-escalate such activity by our
adversaries.
(5) The laws, principles, and values of the United States
are strategic advantages in great power competition with
authoritarian foreign adversaries that carry out gray zone
activities, because such laws, principles, and values increase
the appeal of the governance model of the United States, and
the United States-led international order, to states and
peoples around the world.
(6) The international security environment has demonstrated
numerous examples of gray zone activities carried out by
foreign adversaries, including the following activities of
foreign adversaries:
(A) Information operations, such as efforts by
Russia to influence the 2020 United States Federal
elections (as described in the March 15, 2021,
intelligence community assessment of the Office of the
Director of National Intelligence made publicly
available on March 15, 2021).
(B) Adversary political coercion operations, such
as the wielding of energy by Russia, particularly in
the context of Ukrainian gas pipelines, to coerce its
neighbors into compliance with its policies.
(C) Cyber operations, such as the use by China of
cyber tools to conduct industrial espionage.
(D) Provision of support to proxy forces, such as
the support provided by Iran to Hezbollah and Shia
militia groups.
(E) Provocation by armed forces controlled by the
government of the foreign adversary through measures
that do not rise to the level of an armed attack, such
as the use of the China Coast Guard and maritime
militia by China to harass the fishing vessels of other
countries in the South China Sea.
(F) Alleged uses of lethal force on foreign soil,
such as the 2018 attempts by Russia to poison Sergei
Skripal in London.
(G) The potential use by an adversary of technology
that causes anomalous health incidents among United
States Government personnel.
(b) National Intelligence Estimate.--
(1) Requirement.--The Director of National Intelligence,
acting through the National Intelligence Council, shall produce
a National Intelligence Estimate on how foreign adversaries use
gray zone activities to advance interests, what responses by
the United States (or the allies or partners of the United
States) would tend to result in the escalation or de-escalation
of such gray zone activities by foreign adversaries, and any
opportunities for the United States to minimize the extent to
which foreign adversaries use gray zone activities in
furtherance of great power competition.
(2) Matters included.--To the extent determined appropriate
by the National Intelligence Council, the National Intelligence
Estimate produced under paragraph (1) may include an assessment
of the following topics:
(A) Any potential or actual lethal or harmful gray
zone activities carried out against the United States
by foreign adversaries, including against United States
Government employees and United States persons, whether
located within or outside of the United States.
(B) To the extent such activities have occurred, or
are predicted to occur--
(i) opportunities to reduce or deter any
such activities; and
(ii) any actions of the United States
Government that would tend to result in the
escalation or de-escalation of such activities.
(C) Any incidents in which foreign adversaries
could have used, but ultimately did not use, gray zone
activities to advance the interests of such
adversaries, including an assessment as to why the
foreign adversary ultimately did not use gray zone
activities.
(D) The effect of lowering the United States
Government threshold for the public attribution of
detectible covert adversary operations, unattributable
adversary operations, and deniable adversary
operations.
(E) The effect of lowering the United States
Government threshold for responding to detectible
covert adversary operations, unattributable adversary
operations, and deniable adversary operations.
(F) The extent to which the governments of foreign
adversaries exercise control over any proxies or
parastate actors used by such governments in carrying
out gray zone activities.
(G) The extent to which gray zone activities
carried out by foreign adversaries affect the private
sector of the United States.
(H) The international norms that provide the
greatest deterrence to gray zone activities carried out
by foreign adversaries, and opportunities for
strengthening those norms.
(I) The effect, if any, of the strengthening of
democratic governance abroad on the resilience of
United States allies and partners to gray zone
activities.
(J) Opportunities to strengthen the resilience of
United States allies and partners to gray zone
activities, and associated tactics, carried out by
foreign adversaries.
(K) Opportunities for the United States to improve
the detection of, and early warning for, such
activities and tactics.
(L) Opportunities for the United States to
galvanize international support in responding to such
activities and tactics.
(3) Submission to congress.--
(A) Submission.--Not later than 1 year after the
date of the enactment of this Act, the Director shall
submit to the Select Committee on Intelligence of the
Senate and the Permanent Select Committee on
Intelligence of the House of Representatives the
National Intelligence Estimate produced under paragraph
(1), including all intelligence reporting underlying
the Estimate.
(B) Notice regarding submission.--If at any time
before the deadline specified in subparagraph (A), the
Director determines that the National Intelligence
Estimate produced under paragraph (1) cannot be
submitted by such deadline, the Director shall (before
such deadline) submit to the Select Committee on
Intelligence of the Senate and the Permanent Select
Committee on Intelligence of the House of
Representatives a report setting forth the reasons why
the National Intelligence Estimate cannot be submitted
by such deadline and an estimated date for the
submission of the National Intelligence Estimate.
(C) Form.--Any report under subparagraph (B) shall
be submitted in unclassified form.
(4) Public version.--Consistent with the protection of
intelligence sources and methods, at the same time as the
Director submits to the Select Committee on Intelligence of the
Senate and the Permanent Select Committee on Intelligence of
the House of Representatives the National Intelligence Estimate
under paragraph (1), the Director shall make publicly available
on the internet website of the Director an unclassified version
of the key findings of the National Intelligence Estimate.
(5) Definitions.--In this subsection:
(A) Gray zone activity.--The term ``gray zone
activity'' means an activity to advance the national
interests of a State that--
(i) falls between ordinary statecraft and
open warfare;
(ii) is carried out with an intent to
maximize the advancement of interests of the
state without provoking a kinetic military
response by the United States; and
(iii) falls on a spectrum that ranges from
covert adversary operations, to detectible
covert adversary operations, to unattributable
adversary operations, to deniable adversary
operations, to open adversary operations.
(B) Covert adversary operation.--The term ``covert
adversary operation'' means an operation by an
adversary that--
(i) the adversary intends to remain below
the threshold at which the United States
detects the operation; and
(ii) does stay below such threshold.
(C) Detectible covert adversary operation.--The
term ``detectible covert adversary operation'' means an
operation by an adversary that--
(i) the adversary intends to remain below
the threshold at which the United States
detects the operation; but
(ii) is ultimately detected by the United
States at a level below the level at which the
United States will publicly attribute the
operation to the adversary.
(D) Unattributable adversary operation.--The term
``unattributable adversary operation'' means an
operation by an adversary that the adversary intends to
be detected by the United States, but remain below the
threshold at which the United States will publicly
attribute the operation to the adversary.
(E) Deniable adversary operation.--The term
``deniable adversary operation'' means an operation by
an adversary that--
(i) the adversary intends to be detected
and publicly or privately attributed by the
United States; and
(ii) the adversary intends to deny, to
limit the response by the United States, and
any allies of the United States.
(F) Open adversary operation.--The term ``open
adversary operation'' means an operation by an
adversary that the adversary openly acknowledges as
attributable to the adversary.
(c) Requirement To Develop Lexicon.--
(1) Requirement.--The Director of National Intelligence,
acting through the National Intelligence Council, shall develop
a lexicon of common terms (and corresponding definitions for
such terms) for concepts associated with gray zone activities.
(2) Considerations.--In developing the lexicon under
paragraph (1), the National Intelligence Council shall include
in the lexicon each term (and the corresponding definition for
each term) specified in subsection (b)(5), unless the National
Intelligence Council determines that an alternative term (or
alternative definition)--
(A) more accurately describes a concept associated
with gray zone activities; or
(B) is preferable for any other reason.
(3) Report.--
(A) Publication.--The Director of National
Intelligence shall publish a report containing the
lexicon developed under paragraph (1).
(B) Form.--The report under subparagraph (A) shall
be published in unclassified form.
<all> | Gathering and Reporting Assessments Yielding Zero Overlooked Nefarious Efforts Act | To require the Director of National Intelligence to produce a National Intelligence Estimate on escalation and de-escalation of gray zone activities in great power competition, and for other purposes. | Gathering and Reporting Assessments Yielding Zero Overlooked Nefarious Efforts Act | Rep. Krishnamoorthi, Raja | D | IL |
1,199 | 1,307 | S.1064 | International Affairs | Reinforcing Nicaragua's Adherence to Conditions for Electoral Reform Act of 2021 or the RENACER Act
This bill establishes measures to monitor, report on, and address corruption and human rights abuses in Nicaragua.
Specifically, the bill directs U.S. leadership at international financial institutions to advocate for increased oversight with respect to any loan or financial or technical assistance for projects in Nicaragua.
The Department of State and the Department of the Treasury must establish a coordinated strategy to align diplomatic engagement with the implementation of targeted sanctions to facilitate free, fair, and transparent elections in Nicaragua. Pursuant to this strategy, the President must prioritize implementing targeted sanctions on persons obstructing the establishment of conditions necessary for such elections. The State Department must also engage in diplomatic efforts with partner countries to impose targeted sanctions on such individuals.
The bill adds Nicaragua to a list of countries whose citizens are subject to visa-blocking sanctions for knowingly engaging in (1) actions undermining democratic processes or institutions, or (2) significant corruption or obstruction of investigations into such corruption.
Further, the bill requires the State Department to report on
In addition, the State Department must report on obstacles faced by Nicaraguans to obtaining accurate, objective, and comprehensive news and information about domestic and international affairs and submit a strategy for strengthening independent broadcasting, information distribution, and media platforms in Nicaragua. | [117th Congress Public Law 54]
[From the U.S. Government Publishing Office]
[[Page 135 STAT. 413]]
Public Law 117-54
117th Congress
An Act
To advance the strategic alignment of United States diplomatic tools
toward the realization of free, fair, and transparent elections in
Nicaragua and to reaffirm the commitment of the United States to protect
the fundamental freedoms and human rights of the people of Nicaragua,
and for other purposes. <<NOTE: Nov. 10, 2021 - [S. 1064]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Reinforcing
Nicaragua's Adherence to Conditions for Electoral Reform Act of 2021.>>
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) <<NOTE: 50 USC 1701 note.>> Short Title.--This Act may be cited
as the ``Reinforcing Nicaragua's Adherence to Conditions for Electoral
Reform Act of 2021'' or the ``RENACER Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Sense of Congress.
Sec. 3. Review of participation of Nicaragua in Dominican Republic-
Central America-United States Free Trade Agreement.
Sec. 4. Restrictions on international financial institutions relating to
Nicaragua.
Sec. 5. Targeted sanctions to advance democratic elections.
Sec. 6. Developing and implementing a coordinated sanctions strategy
with diplomatic partners.
Sec. 7. Inclusion of Nicaragua in list of countries subject to certain
sanctions relating to corruption.
Sec. 8. Classified report on the involvement of Ortega family members
and Nicaraguan government officials in corruption.
Sec. 9. Classified report on the activities of the Russian Federation in
Nicaragua.
Sec. 10. Report on certain purchases by and agreements entered into by
Government of Nicaragua relating to military or intelligence
sector of Nicaragua.
Sec. 11. Report on human rights abuses in Nicaragua.
Sec. 12. Supporting independent news media and freedom of information in
Nicaragua.
Sec. 13. Amendment to short title of Public Law 115-335.
Sec. 14. Definition.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) ongoing efforts by the government of President Daniel
Ortega in Nicaragua to suppress the voice and actions of
political opponents through intimidation and unlawful
detainment, civil society, and independent news media violate
the fundamental freedoms and basic human rights of the people of
Nicaragua;
(2) <<NOTE: Cristiana Chamorro. Arturo Cruz. Felix
Maradiaga. Juan Sebastian Chamorro.>> Congress unequivocally
condemns the politically motivated and unlawful detention of
presidential candidates Cristiana Chamorro, Arturo Cruz, Felix
Maradiaga, and Juan Sebastian Chamorro;
(3) Congress unequivocally condemns the passage of the
Foreign Agents Regulation Law, the Special Cybercrimes Law,
[[Page 135 STAT. 414]]
the Self-Determination Law, and the Consumer Protection Law by
the National Assembly of Nicaragua, which represent clear
attempts by the Ortega government to curtail the fundamental
freedoms and basic human rights of the people of Nicaragua;
(4) Congress recognizes that free, fair, and transparent
elections predicated on robust reform measures and the presence
of domestic and international observers represent the best
opportunity for the people of Nicaragua to restore democracy and
reach a peaceful solution to the political and social crisis in
Nicaragua;
(5) the United States recognizes the right of the people of
Nicaragua to freely determine their own political future as
vital to ensuring the sustainable restoration of democracy in
their country;
(6) the United States should align the use of diplomatic
engagement and all other foreign policy tools, including the use
of targeted sanctions, in support of efforts by democratic
political actors and civil society in Nicaragua to advance the
necessary conditions for free, fair, and transparent elections
in Nicaragua;
(7) the United States, in order to maximize the
effectiveness of efforts described in paragraph (6), should--
(A) coordinate with diplomatic partners, including
the Government of Canada, the European Union, and
partners in Latin America and the Caribbean;
(B) advance diplomatic initiatives in consultation
with the Organization of American States and the United
Nations; and
(C) thoroughly investigate the assets and holdings
of the Nicaraguan Armed Forces in the United States and
consider appropriate actions to hold such forces
accountable for gross violations of human rights; and
(8) pursuant to section 6(b) of the Nicaragua Investment
Conditionality Act of 2018, the President should waive the
application of restrictions under section 4 of that Act and the
sanctions under section 5 of that Act if the Secretary of State
certifies that the Government of Nicaragua is taking the steps
identified in section 6(a) of that Act, including taking steps
to ``to hold free and fair elections overseen by credible
domestic and international observers''.
SEC. 3. REVIEW OF PARTICIPATION OF NICARAGUA IN DOMINICAN
REPUBLIC-CENTRAL AMERICA-UNITED STATES FREE
TRADE AGREEMENT.
(a) Findings.--Congress makes the following findings:
(1) On November 27, 2018, the President signed Executive
Order 13851 (50 U.S.C. 1701 note; relating to blocking property
of certain persons contributing to the situation in Nicaragua),
which stated that ``the situation in Nicaragua, including the
violent response by the Government of Nicaragua to the protests
that began on April 18, 2018, and the Ortega regime's systematic
dismantling and undermining of democratic institutions and the
rule of law, its use of indiscriminate violence and repressive
tactics against civilians, as well as its corruption leading to
the destabilization of Nicaragua's economy, constitutes an
unusual and extraordinary threat to the national security and
foreign policy of the United States''.
[[Page 135 STAT. 415]]
(2) Article 21.2 of the Dominican Republic-Central America-
United States Free Trade Agreement approved by Congress under
section 101(a)(1) of the Dominican Republic-Central America-
United States Free Trade Agreement Implementation Act (19 U.S.C.
4011(a)(1)) states, ``Nothing in this Agreement shall be
construed . . . to preclude a Party from applying measures that
it considers necessary for the fulfillment of its obligations
with respect to the maintenance or restoration of international
peace or security, or the protection of its own essential
security interests.''.
(b) Sense of Congress.--It is the sense of Congress that the
President should review the continued participation of Nicaragua in the
Dominican Republic-Central America-United States Free Trade Agreement if
the Government of Nicaragua continues to tighten its authoritarian rule
in an attempt to subvert democratic elections in November 2021 and
undermine democracy and human rights in Nicaragua.
SEC. 4. RESTRICTIONS ON INTERNATIONAL FINANCIAL INSTITUTIONS
RELATING TO NICARAGUA.
Section 4 of the Nicaragua Investment Conditionality Act of
2018 <<NOTE: 50 USC 1701 note.>> is amended--
(1) by redesignating subsections (a), (b), and (c) as
subsections (b), (c), and (d), respectively;
(2) by inserting before subsection (b), as redesignated by
paragraph (1), the following:
``(a) Sense of Congress.--It is the sense of Congress that the
Secretary of the Treasury should take all possible steps, including
through the full implementation of the exceptions set forth in
subsection (c), to ensure that the restrictions required under
subsection (b) do not negatively impact the basic human needs of the
people of Nicaragua.'';
(3) in subsection (c), as so redesignated, by striking
``subsection (a)'' and inserting ``subsection (b)''; and
(4) by striking subsection (d), as so redesignated, and
inserting the following:
``(d) Increased Oversight.--
``(1) In general.--The United States Executive Director at
each international financial institution of the World Bank
Group, the United States Executive Director at the Inter-
American Development Bank, and the United States Executive
Director at each other international financial institution,
including the International Monetary Fund, shall take all
practicable steps--
``(A) to increase scrutiny of any loan or financial
or technical assistance provided for a project in
Nicaragua; and
``(B) to ensure that the loan or assistance is
administered through an entity with full technical,
administrative, and financial independence from the
Government of Nicaragua.
``(2) Mechanisms for increased scrutiny.--The United States
Executive Director at each international financial institution
described in paragraph (1) shall use the voice, vote, and
influence of the United States to encourage that institution to
increase oversight mechanisms for new and existing loans
[[Page 135 STAT. 416]]
or financial or technical assistance provided for a project in
Nicaragua.
``(e) Interagency Consultation.--Before implementing the
restrictions described in subsection (b), or before exercising an
exception under subsection (c), the Secretary of the Treasury shall
consult with the Secretary of State and with the Administrator of the
United States Agency for International Development to ensure that all
loans and financial or technical assistance to Nicaragua are consistent
with United States foreign policy objectives as defined in section 3.
``(f) <<NOTE: Coordination.>> Report.--Not later than 180 days
after the date of the enactment of the RENACER Act, and annually
thereafter until the termination date specified in section 10, the
Secretary of the Treasury, in coordination with the Secretary of State
and the Administrator of the United States Agency for International
Development, shall submit to the appropriate congressional committees a
report on the implementation of this section, which shall include--
``(1) <<NOTE: Summary.>> summary of any loans and financial
and technical assistance provided by international financial
institutions for projects in Nicaragua;
``(2) a description of the implementation of the
restrictions described in subsection (b);
``(3) <<NOTE: Assessment.>> an identification of the
occasions in which the exceptions under subsection (c) are
exercised and an assessment of how the loan or assistance
provided with each such exception may address basic human needs
or promote democracy in Nicaragua;
``(4) a description of the results of the increased
oversight conducted under subsection (d); and
``(5) a description of international efforts to address the
humanitarian needs of the people of Nicaragua.''.
SEC. 5. <<NOTE: 50 USC 1701 note.>> TARGETED SANCTIONS TO ADVANCE
DEMOCRATIC ELECTIONS.
(a) Coordinated Strategy.--
(1) <<NOTE: Consultation.>> In general.--The Secretary of
State and the Secretary of the Treasury, in consultation with
the intelligence community (as defined in section 3 of the
National Security Act of 1947 (50 U.S.C. 3003)), shall develop
and implement a coordinated strategy to align diplomatic
engagement efforts with the implementation of targeted sanctions
in order to support efforts to facilitate the necessary
conditions for free, fair, and transparent elections in
Nicaragua.
(2) <<NOTE: Deadline. Time period.>> Briefing required.--
Not later than 90 days after the date of the enactment of this
Act, and every 90 days thereafter until December 31, 2022, the
Secretary of State and the Secretary of the Treasury shall brief
the Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives on
steps to be taken by the United States Government to develop and
implement the coordinated strategy required by paragraph (1).
(b) <<NOTE: President.>> Targeted Sanctions Prioritization.--
(1) In general.--Pursuant to the coordinated strategy
required by subsection (a), the President shall prioritize the
implementation of the targeted sanctions required under section
5 of the Nicaragua Investment Conditionality Act of 2018.
[[Page 135 STAT. 417]]
(2) Targets.--In carrying out paragraph (1), the President--
(A) <<NOTE: Examination.>> shall examine whether
foreign persons involved in directly or indirectly
obstructing the establishment of conditions necessary
for the realization of free, fair, and transparent
elections in Nicaragua are subject to sanctions under
section 5 of the Nicaragua Investment Conditionality Act
of 2018; and
(B) should, in particular, examine whether the
following persons have engaged in conduct subject to
such sanctions:
(i) Officials in the government of President
Daniel Ortega.
(ii) Family members of President Daniel
Ortega.
(iii) High-ranking members of the National
Nicaraguan Police.
(iv) High-ranking members of the Nicaraguan
Armed Forces.
(v) Members of the Supreme Electoral Council
of Nicaragua.
(vi) Officials of the Central Bank of
Nicaragua.
(vii) Party members and elected officials from
the Sandinista National Liberation Front and their
family members.
(viii) Individuals or entities affiliated with
businesses engaged in corrupt financial
transactions with officials in the government of
President Daniel Ortega, his party, or his family.
(ix) Individuals identified in the report
required by section 8 as involved in significant
acts of public corruption in Nicaragua.
SEC. 6. <<NOTE: Consultation.>> DEVELOPING AND IMPLEMENTING A
COORDINATED SANCTIONS STRATEGY WITH DIPLOMATIC
PARTNERS.
(a) Findings.--Congress makes the following findings:
(1) On June 21, 2019, the Government of Canada, pursuant to
its Special Economic Measures Act, designated 9 officials of the
Government of Nicaragua for the imposition of sanctions in
response to gross and systematic human rights violations in
Nicaragua.
(2) On May 4, 2020, the European Union imposed sanctions
with respect to 6 officials of the Government of Nicaragua
identified as responsible for serious human rights violations
and for the repression of civil society and democratic
opposition in Nicaragua.
(3) On October 12, 2020, the European Union extended its
authority to impose restrictive measures on ``persons and
entities responsible for serious human rights violations or
abuses or for the repression of civil society and democratic
opposition in Nicaragua, as well as persons and entities whose
actions, policies or activities otherwise undermine democracy
and the rule of law in Nicaragua, and persons associated with
them''.
(b) Sense of Congress.--It is the sense of Congress that the United
States should encourage the Government of Canada, the European Union and
governments of members countries of the European Union, and governments
of countries in Latin America
[[Page 135 STAT. 418]]
and the Caribbean to use targeted sanctions with respect to persons
involved in human rights violations and the obstruction of free, fair,
and transparent elections in Nicaragua.
(c) Coordinating International Sanctions.--The Secretary of State,
working through the head of the Office of Sanctions Coordination
established by section 1(h) of the State Department Basic Authorities
Act of 1956 (22 U.S.C. 2651a(h)), and in consultation with the Secretary
of the Treasury, shall engage in diplomatic efforts with governments of
countries that are partners of the United States, including the
Government of Canada, governments of countries in the European Union,
and governments of countries in Latin America and the Caribbean, to
impose targeted sanctions with respect to the persons described in
section 5(b) in order to advance democratic elections in Nicaragua.
(d) <<NOTE: Deadline. Time period.>> Briefing Requirement.--Not
later than 90 days after the date of the enactment of this Act, and
every 90 days thereafter until December 31, 2022, the Secretary of
State, in consultation with the Secretary of the Treasury, shall brief
the Committee on Foreign Relations of the Senate and the Committee on
Foreign Affairs of the House of Representatives on the implementation of
this section.
SEC. 7. INCLUSION OF NICARAGUA IN LIST OF COUNTRIES SUBJECT TO
CERTAIN SANCTIONS RELATING TO CORRUPTION.
Section 353 of title III of division FF of the Consolidated
Appropriations Act, 2021 (Public Law 116-260) <<NOTE: 22 USC 2277a.>>
is amended--
(1) in the section heading, by striking ``and honduras'' and
inserting ``, honduras, and nicaragua''; and
(2) by striking ``and Honduras'' each place it appears and
inserting ``, Honduras, and Nicaragua''.
SEC. 8. CLASSIFIED REPORT ON THE INVOLVEMENT OF ORTEGA FAMILY
MEMBERS AND NICARAGUAN GOVERNMENT OFFICIALS IN
CORRUPTION.
(a) <<NOTE: Coordination.>> Report Required.--Not later than 90
days after the date of the enactment of this Act, the Secretary of
State, acting through the Bureau of Intelligence and Research of the
Department of State, and in coordination with the Director of National
Intelligence, shall submit a classified report to the appropriate
congressional committees on significant acts of public corruption in
Nicaragua that--
(1) involve--
(A) the President of Nicaragua, Daniel Ortega;
(B) members of the family of Daniel Ortega; and
(C) senior officials of the Ortega government,
including--
(i) members of the Supreme Electoral Council,
the Nicaraguan Armed Forces, and the National
Nicaraguan Police; and
(ii) elected officials from the Sandinista
National Liberation Front party;
(2) pose challenges for United States national security and
regional stability;
(3) impede the realization of free, fair, and transparent
elections in Nicaragua; and
(4) violate the fundamental freedoms of civil society and
political opponents in Nicaragua.
[[Page 135 STAT. 419]]
(b) <<NOTE: Definition.>> Appropriate Congressional Committees.--In
this section, the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Relations and the Select
Committee on Intelligence of the Senate; and
(2) the Committee on Foreign Affairs and the Permanent
Select Committee on Intelligence of the House of
Representatives.
SEC. 9. CLASSIFIED REPORT ON THE ACTIVITIES OF THE RUSSIAN
FEDERATION IN NICARAGUA.
(a) <<NOTE: Coordination.>> Report Required.--Not later than 90
days after the date of the enactment of this Act, the Secretary of
State, acting through the Bureau of Intelligence and Research of the
Department of State, and in coordination with the Director of National
Intelligence, shall submit a classified report to the appropriate
congressional committees on activities of the Government of the Russian
Federation in Nicaragua, including--
(1) cooperation between Russian and Nicaraguan military
personnel, intelligence services, security forces, and law
enforcement, and private Russian security contractors;
(2) cooperation related to telecommunications and satellite
navigation;
(3) other political and economic cooperation, including with
respect to banking, disinformation, and election interference;
and
(4) the threats and risks that such activities pose to
United States national interests and national security.
(b) <<NOTE: Definition.>> Appropriate Congressional Committees.--In
this section, the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Relations and the Select
Committee on Intelligence of the Senate; and
(2) the Committee on Foreign Affairs and the Permanent
Select Committee on Intelligence of the House of
Representatives.
SEC. 10. <<NOTE: Contracts.>> REPORT ON CERTAIN PURCHASES BY AND
AGREEMENTS ENTERED INTO BY GOVERNMENT OF
NICARAGUA RELATING TO MILITARY OR
INTELLIGENCE SECTOR OF NICARAGUA.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State, acting through the Bureau
of Intelligence and Research of the Department of State, and in
coordination with the Director of National Intelligence and the Director
of the Defense Intelligence Agency, shall submit to the Committee on
Foreign Relations of the Senate and the Committee on Foreign Affairs of
the House of Representatives a report that includes--
(1) <<NOTE: Lists.>> a list of--
(A) all equipment, technology, or infrastructure
with respect to the military or intelligence sector of
Nicaragua purchased, on or after January 1, 2011, by the
Government of Nicaragua from an entity identified by the
Department of State under section 231(e) of the
Countering America's Adversaries Through Sanctions Act
(22 U.S.C. 9525(e)); and
(B) all agreements with respect to the military or
intelligence sector of Nicaragua entered into, on or
after January 1, 2011, by the Government of Nicaragua
with an entity described in subparagraph (A); and
[[Page 135 STAT. 420]]
(2) a description of and date for each purchase and
agreement described in paragraph (1).
(b) Consideration.--The report required by subsection (a) shall be
prepared after consideration of the content of the report of the Defense
Intelligence Agency entitled, ``Russia: Defense Cooperation with Cuba,
Nicaragua, and Venezuela'' and dated February 4, 2019.
(c) <<NOTE: Classified information.>> Form of Report.--The report
required by subsection (a) shall be submitted in unclassified form but
may include a classified annex.
SEC. 11. REPORT ON HUMAN RIGHTS ABUSES IN NICARAGUA.
(a) Findings.--Congress finds that, since the June 2018 initiation
of ``Operation Clean-up'', an effort of the government of Daniel Ortega
to dismantle barricades constructed throughout Nicaragua during social
demonstrations in April 2018, the Ortega government has increased its
abuse of campesinos and members of indigenous communities, including
arbitrary detentions, torture, and sexual violence as a form of
intimidation.
(b) Report Required.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State shall submit to the
appropriate congressional committees a report that documents the
perpetration of gross human rights violations by the Ortega government
against the citizens of Nicaragua, including campesinos and indigenous
communities in the interior of Nicaragua.
(c) Elements.--The report required by subsection (b) shall--
(1) include a compilation of human rights violations
committed by the Ortega government against the citizens of
Nicaragua, with a focus on such violations committed since April
2018, including human rights abuses and extrajudicial killings
in--
(A) the cities of Managua, Carazo, and Masaya
between April and June of 2018; and
(B) the municipalities of Wiwili, El Cua, San Jose
de Bocay, and Santa Maria de Pantasma in the Department
of Jinotega, Esquipulas in the Department of Rivas, and
Bilwi in the North Caribbean Coast Autonomous Region
between 2018 and 2021;
(2) outline efforts by the Ortega government to intimidate
and disrupt the activities of civil society organizations
attempting to hold the government accountable for infringing on
the fundamental rights and freedoms of the people of Nicaragua;
and
(3) <<NOTE: Recommenda- tions.>> provide recommendations on
how the United States, in collaboration with international
partners and Nicaraguan civil society, should leverage bilateral
and regional relationships to curtail the gross human rights
violations perpetrated by the Ortega government and better
support the victims of human rights violations in Nicaragua.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Relations of the Senate; and
(2) the Committee on Foreign Affairs of the House of
Representatives.
[[Page 135 STAT. 421]]
SEC. 12. SUPPORTING INDEPENDENT NEWS MEDIA AND FREEDOM OF
INFORMATION IN NICARAGUA.
(a) Report Required.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State, the Administrator for the
United States Agency for International Development, and the Chief
Executive Officer of the United States Agency for Global Media, shall
submit to Congress a report that includes--
(1) <<NOTE: Evaluation.>> an evaluation of the
governmental, political, and technological obstacles faced by
the people of Nicaragua in their efforts to obtain accurate,
objective, and comprehensive news and information about domestic
and international affairs; and
(2) <<NOTE: Lists.>> a list of all TV channels, radio
stations, online news sites, and other media platforms operating
in Nicaragua that are directly or indirectly owned or controlled
by President Daniel Ortega, members of the Ortega family, or
known allies of the Ortega government.
(b) Elements.--The report required by subsection (a) shall include--
(1) <<NOTE: Assessment.>> an assessment of the extent to
which the current level and type of news and related programming
and content provided by the Voice of America and other sources
is addressing the informational needs of the people of
Nicaragua;
(2) <<NOTE: Recommenda- tions.>> a description of existing
United States efforts to strengthen freedom of the press and
freedom of expression in Nicaragua, including recommendations to
expand upon those efforts; and
(3) a strategy for strengthening independent broadcasting,
information distribution, and media platforms in Nicaragua.
SEC. 13. AMENDMENT TO SHORT TITLE OF PUBLIC LAW 115-335.
Section 1(a) of the Nicaragua Human Rights and Anticorruption Act of
2018 (Public Law 115-335; 50 U.S.C. 1701 note) is amended to read as
follows:
``(a) Short Title.--This Act may be cited as the `Nicaragua
Investment Conditionality Act of 2018' or the `NICA Act'.''.
[[Page 135 STAT. 422]]
SEC. 14. <<NOTE: 50 USC 1701 note.>> DEFINITION.
In this Act, the term ``Nicaragua Investment Conditionality Act of
2018'' means the Public Law 115-335 (50 U.S.C. 1701 note), as amended by
section 13.
Approved November 10, 2021.
LEGISLATIVE HISTORY--S. 1064:
---------------------------------------------------------------------------
CONGRESSIONAL RECORD, Vol. 167 (2021):
Nov. 1, considered and passed Senate.
Nov. 3, considered and passed House.
<all> | RENACER Act | A bill to advance the strategic alignment of United States diplomatic tools toward the realization of free, fair, and transparent elections in Nicaragua and to reaffirm the commitment of the United States to protect the fundamental freedoms and human rights of the people of Nicaragua, and for other purposes. | RENACER Act
Reinforcing Nicaragua's Adherence to Conditions for Electoral Reform Act of 2021
RENACER Act
Reinforcing Nicaragua's Adherence to Conditions for Electoral Reform Act of 2021
RENACER Act
Reinforcing Nicaragua's Adherence to Conditions for Electoral Reform Act of 2021 | Sen. Menendez, Robert | D | NJ |