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S.2557

Transportation and Public Works

This bill requires a value-for-money analysis as part of certain applications for financial assistance for transportation projects. An applicant for assistance through the Transportation Infrastructure Finance and Innovation Act program and the Railroad Rehabilitation and Improvement Financing program must include the analysis if the project (1) has an estimated cost that exceeds $750 million, and (2) is carried out in a state that authorizes the use of public-private partnerships for transportation projects. The analysis must address, among other matters, the cost of using public funding versus private financing. Additionally, the Department of Transportation must (1) report to Congress about the use of private financing for such transportation projects and the benefits of value-for-money analysis; and (2) issue guidance on performance benchmarks, risk premiums, and expected rates of return on private financing for transportation.

To require certain transportation projects to include a value-for-money analysis, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. VALUE FOR MONEY ANALYSIS. (a) In General.--Notwithstanding any other provision of law, in the case of a project described in subsection (b), the entity carrying out the project shall, during the planning and project development process, conduct a value for money analysis of the project, which shall include an evaluation of-- (1) the life-cycle cost and project delivery schedule; (2) the costs of using public funding versus private financing for the project; (3) a description of the key assumptions made in developing the analysis, including-- (A) an analysis of any Federal grants and subsidies received or expected (including tax depreciation costs); (B) the key terms of the proposed public-private partnership agreement, if applicable (including the expected rate of return for private debt and equity); (C) a discussion of the benefits and costs associated with the allocation of risk; (D) the determination of risk premiums assigned to various project delivery scenarios; (E) any user fee revenue generated by the project; and (F) any externality benefits for the public generated by the project; and (4) any other information the Secretary of Transportation determines to be appropriate. (b) Project Described.--A project referred to in subsection (a) is a transportation project-- (1) with an estimated total cost of more than $750,000,000; (2) carried out-- (A) by a State, territory, Indian Tribe, unit of local government, transit agency, port authority, metropolitan planning organization, airport authority, or other political subdivision of a State or local government; and (B) in a State in which there is in effect a State law authorizing the use and implementation of public- private partnerships for transportation projects; and (3) that is carried out with-- (A) assistance under the TIFIA program under chapter 6 of title 23, United States Code; or (B) assistance under the Railroad Rehabilitation and Improvement Financing Program of the Federal Railroad Administration established under title V of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 821 et seq.). (c) Reporting Requirements.-- (1) Project reports.--For each project described in subsection (b), the entity carrying out the project shall-- (A) include the results of the analysis under subsection (a) on the website of the project; and (B) submit the results of the analysis to the Build America Bureau and the Secretary of Transportation. (2) Report to congress.--The Secretary of Transportation, in coordination with the Build America Bureau, shall-- (A) compile the analyses submitted under paragraph (1)(B); and (B) submit to Congress a report that-- (i) includes the analyses submitted under paragraph (1)(B); (ii) describes-- (I) the use of private financing for projects described in subsection (b); and (II) the benefits of conducting a value for money analysis; and (iii) identifies best practices for private financing of projects described in subsection (b). (d) Guidance.--The Secretary of Transportation, in coordination with the Build America Bureau, shall issue guidance on performance benchmarks, risk premiums, and expected rates of return on private financing for projects described in subsection (b). <all>

A bill to require certain transportation projects to include a value-for-money analysis, and for other purposes.

A bill to require certain transportation projects to include a value-for-money analysis, and for other purposes.

Official Titles - Senate Official Title as Introduced A bill to require certain transportation projects to include a value-for-money analysis, and for other purposes.

Sen. Portman, Rob

R

OH

S.2294

Armed Forces and National Security

Arctic Security Initiative Act of 2021 This bill requires the Department of Defense (DOD) to conduct an assessment and implement a program related to national security interests in the Arctic region. Specifically, the Commander of the United States Northern Command of DOD must consult and coordinate with specified defense entities to conduct an independent assessment with respect to the activities and resources required for FY2023-FY2027 to achieve specified objectives related to national security interests in the Arctic region. The assessment must focus on the activities and resources required to achieve the following objectives: Additionally, DOD must establish the Arctic Security Initiative program to enhance security in the Arctic region, to be informed by the assessment required by this bill. DOD must annually submit an unclassified future years plan, which may include a classified annex, for the activities and resources of the program that includes specified elements (e.g., a detailed time line for achieving requirements). The plan must also be included in budget materials submitted by DOD in support of the budget of the President for FY2023.

To require an independent assessment with respect to the Arctic region and establishment of Arctic Security Initiative, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Arctic Security Initiative Act of 2021''. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the security, stability, and prosperity of the Arctic region are vital to the national interests of the United States; (2) the United States should posture a military capability in the region that is able to project power, deter acts of aggression, and respond, if necessary, to threats within and arising from the Arctic region; (3) the defense of the United States and its allies from the People's Republic of China, the Russian Federation, the Democratic People's Republic of Korea, and any other aggressor remains a top priority; (4) persistent efforts by the Department of Defense to realign United States forces in the Arctic region, and commit additional assets to and increase investments in the Arctic region, are necessary to maintain a robust United States commitment to the Arctic region; (5) the United States commitment to freedom of navigation and ensuring free access to sea lanes and overflights for the Navy and the Air Force remains a core security interest; and (6) the United States should continue to engage in the Arctic region by-- (A) strengthening alliances and partnerships; (B) supporting regional institutions and bodies such as the Arctic Council; (C) building cooperative security arrangements; (D) addressing shared challenges; and (E) reinforcing the role of international law, including respect for human rights. SEC. 3. INDEPENDENT ASSESSMENT. (a) In General.--Not later than February 15, 2022, the Commander of the United States Northern Command, in consultation and coordination with the Commanders of the United States European Command and the United States Indo-Pacific Command, the military departments, and defense agencies, shall conduct an independent assessment with respect to the activities and resources required, for fiscal years 2023 through 2027, to achieve the following objectives: (1) The implementation of the National Defense Strategy and military service-specific strategies with respect to the Arctic region. (2) The maintenance or restoration of the comparative military advantage of the United States in response to great power competitors in the Arctic region. (3) The reduction of the risk of executing operation and contingency plans of the Department of Defense. (4) To maximize execution of Department operation and contingency plans, in the event deterrence fails. (b) Elements.--The assessment required by subsection (a) shall include the following: (1) An analysis of, and recommended changes to achieve, the required force structure and posture of assigned and allocated forces within the Arctic region for fiscal year 2027 necessary to achieve the objectives described in subsection (a), which shall be informed by-- (A) a review of United States military requirements based on operation and contingency plans, capabilities of potential adversaries, assessed gaps or shortfalls of the Armed Forces within the Arctic region, and scenarios that consider-- (i) potential contingencies that commence in the Arctic region and contingencies that commence in other regions but affect the Arctic region; (ii) use of near-time, mid-time, and far- time horizons to encompass the range of circumstances required to test new concepts and doctrine; and (iii) supporting analyses that focus on the number of regionally postured military units and the quality of capability of such units; (B) a review of current United States military force posture and deployment plans within the Arctic region, especially of Arctic-based forces that provide support to, or receive support from, the United States Northern Command, the United States Indo-Pacific Command, or the United States European Command; (C) an analysis of potential future realignments of United States forces in the region, including options for strengthening United States presence, access, readiness, training, exercises, logistics, and pre- positioning; and (D) any other matter the Commander of the United States Northern Command determines to be appropriate. (2) A discussion of any factor that may influence the United States posture, supported by annual wargames and other forms of research and analysis. (3) An assessment of capabilities requirements to achieve such objectives. (4) An assessment of logistics requirements, including personnel, equipment, supplies, storage, and maintenance needs to achieve such objectives. (5) An assessment and identification of required infrastructure and military construction investments to achieve such objectives. (6) An assessment of security cooperation activities or resources required to achieve such objectives. (7) An assessment and recommended changes to the leadership, organization, and management of Arctic policy, strategy, and operations among the combatant commands and military services. (c) Report.-- (1) In general.--Not later than February 15, 2022, the Commander of United States Northern Command, in consultation and coordination with the Commanders of the United States European Command and the United States Indo-Pacific Command, shall submit to the congressional defense committees (as defined in section 101 of title 10, United States Code) a report on the assessment required by subsection (a). (2) Form.--The report required by paragraph (1) may be submitted in classified form, but shall include an unclassified summary. (3) Availability.--Not later than February 15, 2022, the Commander of the United States Northern Command shall make the report available to the Secretary of Defense, the Under Secretary of Defense for Policy, the Under Secretary of Defense (Comptroller), the Director of Cost Assessment and Program Evaluation, the Chairman of the Joint Chiefs of Staff, the Secretaries of the military departments, and the chiefs of staff of each military service. SEC. 4. ARCTIC SECURITY INITIATIVE. (a) In General.--The Secretary of Defense shall carry out a program of activities to enhance security in the Arctic region, which shall be known as the ``Arctic Security Initiative'' (referred to in this section as the ``Initiative''). (b) Objectives.--The Initiative's development and subsequent implementation shall be-- (1) consistent with the objectives described in section 3(a); and (2) informed by the assessment required by that section. (c) Activities.--The Initiative shall carry out the following prioritized activities to improve the design and posture of the joint force in the Arctic region: (1) Modernize and strengthen the presence of the Armed Forces, including those with advanced capabilities. (2) Improve logistics and maintenance capabilities and the pre-positioning of equipment, munitions, fuel, and materiel. (3) Carry out a program of exercises, wargames, education, training, experimentation, and innovation for the joint force. (4) Improve infrastructure to enhance the responsiveness and resiliency of the Armed Forces. (5) Build the defense and security capabilities, capacity, and cooperation of allies and partners. (6) Strengthen Arctic consultative mechanisms and collaborative planning. (d) Five-Year Plan for the Initiative.-- (1) In general.--Not later than April 15, 2022, and each February 15 thereafter, the Secretary of Defense, in consultation with the Commanders of the United States Northern Command, the United States European Command, and the United States Indo-Pacific Command shall submit to the congressional defense committees a future years plan for the activities and resources of the Initiative that includes the following: (A) A description of the activities and resources for the first fiscal year beginning after the date of on which the report required by section 3(c) is submitted and the plan for not fewer than the four following fiscal years, organized by the activities described in subsection (c). (B) A summary of progress made towards achieving the objectives described in section 3(a). (C) A summary of the activity, resource, capability, infrastructure, and logistics requirements necessary to achieve measurable progress in reducing risk to the ability of the joint force to achieve objectives in the Arctic region, including through investments in-- (i) active and passive defenses against-- (I) manned aircraft, surface vessels, and submarines; (II) unmanned naval systems; (III) unmanned aerial systems; and (IV) theater cruise, ballistic, and hypersonic missiles; (ii) advanced long-range precision strike systems; (iii) command, control, communications, computers, intelligence, surveillance, and reconnaissance systems; (iv) training and test range capacity, capability, and coordination; (v) dispersed resilient and adaptive basing to support distributed operations, including expeditionary airfields and ports, space launch facilities, and command posts; (vi) advanced critical munitions; (vii) pre-positioned forward stocks of fuel, munitions, equipment, and materiel; (viii) distributed logistics and maintenance capabilities; (ix) strategic mobility assets, including icebreakers; (x) improved interoperability, logistics, transnational supply lines and infrastructure, and information sharing with allies and partners, including scientific missions; (xi) information operations capabilities; (xii) bilateral and multilateral military exercises and training with allies and partners; and (xiii) use of security cooperation authorities to further build partner capacity. (D) A detailed timeline for achieving the requirements identified under subparagraph (C). (E) A detailed explanation of any significant modification to such requirements, as compared to the Commander of the United States Northern Command's initial independent assessment for the first fiscal year and to plans previously submitted for each subsequent fiscal year. (F) Any other matter the Secretary of Defense considers necessary. (2) Form.--The plan required by paragraph (1) shall be submitted in unclassified form but may include a classified annex. (3) Inclusion in budget materials.--The Secretary of Defense shall include such plan in the budget materials submitted by the Secretary in support of the budget of the President for fiscal year 2023 (submitted pursuant to section 1105 of title 31, United States Code). SEC. 5. GENERAL TRANSFER AUTHORITY. Funds may be made available to carry out this Act through the transfer authority provided to the Department of Defense. <all>

Arctic Security Initiative Act of 2021

A bill to require an independent assessment with respect to the Arctic region and establishment of Arctic Security Initiative, and for other purposes.

Arctic Security Initiative Act of 2021

Sen. Sullivan, Dan

R

AK

H.R.5502

Commerce

Integrity, Notification, and Fairness in Online Retail Marketplaces for Consumers Act or the INFORM Consumers Act This bill requires online marketplaces (e.g., Amazon) to collect and verify certain contact and financial information from third-party sellers whose transactions and related revenues exceed specified thresholds. Subject to certain exceptions, online marketplaces must clearly and conspicuously disclose the contact information of certain high-volume third-party sellers to consumers and must also provide consumers with methods to report suspicious activity on the marketplace. The bill provides the Federal Trade Commission and state attorneys general with the authority to enforce these requirements.

To require online marketplaces to verify certain information regarding high-volume third party sellers of consumer products on such online marketplaces and to disclose to consumers certain contact and other information regarding such high-volume third party sellers. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Integrity, Notification, and Fairness in Online Retail Marketplaces for Consumers Act'' or the ``INFORM Consumers Act''. SEC. 2. COLLECTION, VERIFICATION, AND DISCLOSURE OF INFORMATION BY ONLINE MARKETPLACES TO INFORM CONSUMERS. (a) Collection and Verification of Information.-- (1) Collection.-- (A) In general.--An online marketplace shall require any high-volume third party seller on such online marketplace's platform to provide, not later than 10 days after qualifying as a high-volume third party seller on the platform, the following information to the online marketplace: (i) Bank account.-- (I) In general.--A bank account number, or, if such seller does not have a bank account, the name of the payee for payments issued by the online marketplace to such seller. (II) Provision of information.--The bank account or payee information required under subclause (I) may be provided by the seller in the following ways: (aa) To the online marketplace. (bb) To a payment processor or other third party contracted by the online marketplace to maintain such information, provided that the online marketplace ensures that it can obtain such information within 3 business days from such payment processor or other third party. (ii) Contact information.--Contact information for such seller as follows: (I) With respect to a high-volume third party seller that is an individual, the individual's name. (II) With respect to a high-volume third party seller that is not an individual, one of the following forms of contact information: (aa) A copy of a valid government-issued identification for an individual acting on behalf of such seller that includes the individual's name. (bb) A copy of a valid government-issued record or tax document that includes the business name and physical address of such seller. (iii) Tax id.--A business tax identification number, or, if such seller does not have a business tax identification number, a taxpayer identification number. (iv) Working email and phone number.--A current working email address and phone number for such seller. (B) Notification of change; annual certification.-- An online marketplace shall-- (i) periodically, but not less than annually, notify any high-volume third party seller on such online marketplace's platform of the requirement to keep any information collected under subparagraph (A) current; and (ii) require any high-volume third party seller on such online marketplace's platform to, not later than 10 days after receiving the notice under clause (i), electronically certify that-- (I) the seller has provided any changes to such information to the online marketplace, if any such changes have occurred; or (II) there have been no changes to such seller's information. (C) Suspension.--In the event that a high-volume third party seller does not provide the information or certification required under this paragraph, the online marketplace shall, after providing the seller with written or electronic notice and an opportunity to provide such information or certification not later than 10 days after the issuance of such notice, suspend any future sales activity of such seller until such seller provides such information or certification. (2) Verification.-- (A) In general.--An online marketplace shall-- (i) verify the information collected under paragraph (1)(A) not later than 10 days after such collection; and (ii) verify any change to such information not later than 10 days after being notified of such change by a high-volume third party seller under paragraph (1)(B). (B) Presumption of verification.--In the case of a high-volume third party seller that provides a copy of a valid government-issued tax document, any information contained in such document shall be presumed to be verified as of the date of issuance of such document. (3) Data use limitation.--Data collected solely to comply with the requirements of this section may not be used for any other purpose unless required by law. (4) Data security requirement.--An online marketplace shall implement and maintain reasonable security procedures and practices, including administrative, physical, and technical safeguards, appropriate to the nature of the data and the purposes for which the data will be used, to protect the data collected to comply with the requirements of this section from unauthorized use, disclosure, access, destruction, or modification. (b) Disclosure Required.-- (1) Requirement.-- (A) In general.--An online marketplace shall-- (i) require any high-volume third party seller with an aggregate total of $20,000 or more in annual gross revenues on such online marketplace, and that uses such online marketplace's platform, to provide the information described in subparagraph (B) to the online marketplace; and (ii) disclose the information described in subparagraph (B) to consumers in a clear and conspicuous manner-- (I) on the product listing page (including via hyperlink); or (II) in the order confirmation message or other document or communication made to the consumer after the purchase is finalized and in the consumer's account transaction history. (B) Information described.--The information described in this subparagraph is the following: (i) Subject to paragraph (2), the identity of the high-volume third party seller, including-- (I) the full name of the seller, which may include the seller name or seller's company name, or the name by which the seller or company operates on the online marketplace; (II) the physical address of the seller; and (III) contact information for the seller, to allow for the direct, unhindered communication with high- volume third party sellers by users of the online marketplace, including-- (aa) a current working phone number; (bb) a current working email address; or (cc) other means of direct electronic messaging (which may be provided to such seller by the online marketplace), provided that the requirements of this item shall not prevent an online marketplace from monitoring communications between high-volume third party sellers and users of the online marketplace for fraud, abuse, or spam. (ii) Whether the high-volume third party seller used a different seller to supply the consumer product to the consumer upon purchase, and, upon the request of an authenticated purchaser, the information described in clause (i) relating to any such seller that supplied the consumer product to the purchaser, if such seller is different than the high-volume third party seller listed on the product listing prior to purchase. (2) Exception.-- (A) In general.--Subject to subparagraph (B), upon the request of a high-volume third party seller, an online marketplace may provide for partial disclosure of the identity information required under paragraph (1)(B)(i) in the following situations: (i) If such seller certifies to the online marketplace that the seller does not have a business address and only has a residential street address, or has a combined business and residential address, the online marketplace may-- (I) disclose only the country and, if applicable, the State in which such seller resides; and (II) inform consumers that there is no business address available for the seller and that consumer inquiries should be submitted to the seller by phone, email, or other means of electronic messaging provided to such seller by the online marketplace. (ii) If such seller certifies to the online marketplace that the seller is a business that has a physical address for product returns, the online marketplace may disclose the seller's physical address for product returns. (iii) If such seller certifies to the online marketplace that the seller does not have a phone number other than a personal phone number, the online marketplace shall inform consumers that there is no phone number available for the seller and that consumer inquiries should be submitted to the seller's email address or other means of electronic messaging provided to such seller by the online marketplace. (B) Limitation on exception.--If an online marketplace becomes aware that a high-volume third party seller has made a false representation to the online marketplace in order to justify the provision of a partial disclosure under subparagraph (A) or that a high-volume third party seller who has requested and received a provision for a partial disclosure under subparagraph (A) has not provided responsive answers within a reasonable time frame to consumer inquiries submitted to the seller by phone, email, or other means of electronic messaging provided to such seller by the online marketplace, the online marketplace shall, after providing the seller with written or electronic notice and an opportunity to respond not later than 10 days after the issuance of such notice, suspend any future sales activity of such seller unless such seller consents to the disclosure of the identity information required under paragraph (1)(B)(i). (3) Reporting mechanism.--An online marketplace shall disclose to consumers in a clear and conspicuous manner on the product listing of any high-volume third party seller a reporting mechanism that allows for electronic and telephonic reporting of suspicious marketplace activity to the online marketplace. (4) Compliance.--If a high-volume third party seller does not comply with the requirements to provide and disclose information under this subsection, the online marketplace shall, after providing the seller with written or electronic notice and an opportunity to provide or disclose such information not later than 10 days after the issuance of such notice, suspend any future sales activity of such seller until the seller complies with such requirements. (c) Enforcement by Federal Trade Commission.-- (1) Unfair and deceptive acts or practices.--A violation of subsection (a) or (b) by an online marketplace shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). (2) Powers of the commission.-- (A) In general.--The Commission shall enforce subsections (a) and (b) in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this section. (B) Privileges and immunities.--Any person that violates subsection (a) or (b) shall be subject to the penalties, and entitled to the privileges and immunities, provided in the Federal Trade Commission Act (15 U.S.C. 41 et seq.). (3) Regulations.--The Commission may promulgate regulations under section 553 of title 5, United States Code, with respect to the collection, verification, or disclosure of information under this section, provided that such regulations are limited to what is necessary to collect, verify, and disclose such information. (4) Authority preserved.--Nothing in this section shall be construed to limit the authority of the Commission under any other provision of law. (d) Enforcement by State Attorneys General.-- (1) In general.--If the attorney general of a State has reason to believe that any online marketplace has violated or is violating this section or a regulation promulgated under this section that affects one or more residents of that State, the attorney general of the State may bring a civil action in any appropriate district court of the United States, to-- (A) enjoin further such violation by the defendant; (B) enforce compliance with this section or such regulation; (C) obtain civil penalties in the amount provided for under subsection (c); (D) obtain other remedies permitted under State law; and (E) obtain damages, restitution, or other compensation on behalf of residents of the State. (2) Notice.--The attorney general of a State shall provide prior written notice of any action under paragraph (1) to the Commission and provide the Commission with a copy of the complaint in the action, except in any case in which such prior notice is not feasible, in which case the attorney general shall serve such notice immediately upon instituting such action. (3) Intervention by the commission.--Upon receiving notice under paragraph (2), the Commission shall have the right-- (A) to intervene in the action; (B) upon so intervening, to be heard on all matters arising therein; and (C) to file petitions for appeal. (4) Limitation on state action while federal action is pending.--If the Commission has instituted a civil action for violation of this section or a regulation promulgated under this section, no State attorney general, or official or agency of a State, may bring a separate action under paragraph (1) during the pendency of that action against any defendant named in the complaint of the Commission for any violation of this section or a regulation promulgated under this section that is alleged in the complaint. A State attorney general, or official or agency of a State, may join a civil action for a violation of this section or regulation promulgated under this section filed by the Commission. (5) Rule of construction.--For purposes of bringing a civil action under paragraph (1), nothing in this section shall be construed to prevent the chief law enforcement officer, or official or agency of a State, from exercising the powers conferred on such chief law enforcement officer, or official or agency of a State, by the laws of the State to conduct investigations, administer oaths or affirmations, or compel the attendance of witnesses or the production of documentary and other evidence. (6) Actions by other state officials.-- (A) In general.--In addition to civil actions brought by attorneys general under paragraph (1), any other officer of a State who is authorized by the State to do so, except for any private person on behalf of the State attorney general, may bring a civil action under paragraph (1), subject to the same requirements and limitations that apply under this subsection to civil actions brought by attorneys general. (B) Savings provision.--Nothing in this subsection may be construed to prohibit an authorized official of a State from initiating or continuing any proceeding in a court of the State for a violation of any civil or criminal law of the State. (e) Severability.--If any provision of this section, or the application thereof to any person or circumstance, is held invalid, the remainder of this section and the application of such provision to other persons not similarly situated or to other circumstances shall not be affected by the invalidation. (f) Definitions.--In this section: (1) Commission.--The term ``Commission'' means the Federal Trade Commission. (2) Consumer product.--The term ``consumer product'' has the meaning given such term in section 101 of the Magnuson-Moss Warranty--Federal Trade Commission Improvement Act (15 U.S.C. 2301) and section 700.1 of title 16, Code of Federal Regulations. (3) High-volume third party seller.-- (A) In general.--The term ``high-volume third party seller'' means a participant on an online marketplace's platform who is a third party seller and, in any continuous 12-month period during the previous 24 months, has entered into 200 or more discrete sales or transactions of new or unused consumer products and an aggregate total of $5,000 or more in gross revenues. (B) Clarification.--For purposes of calculating the number of discrete sales or transactions or the aggregate gross revenues under subparagraph (A), an online marketplace shall only be required to count sales or transactions made through the online marketplace and for which payment was processed by the online marketplace, either directly or through its payment processor. (4) Online marketplace.--The term ``online marketplace'' means any person or entity that operates a consumer-directed electronically based or accessed platform that-- (A) includes features that allow for, facilitate, or enable third party sellers to engage in the sale, purchase, payment, storage, shipping, or delivery of a consumer product in the United States; (B) is used by one or more third party sellers for such purposes; and (C) has a contractual or similar relationship with consumers governing their use of the platform to purchase consumer products. (5) Seller.--The term ``seller'' means a person who sells, offers to sell, or contracts to sell a consumer product through an online marketplace's platform. (6) Third party seller.-- (A) In general.--The term ``third party seller'' means any seller, independent of an online marketplace, who sells, offers to sell, or contracts to sell a consumer product in the United States through such online marketplace's platform. (B) Exclusions.--The term ``third party seller'' does not include, with respect to an online marketplace-- (i) a seller who operates the online marketplace's platform; or (ii) a business entity that has-- (I) made available to the general public the entity's name, business address, and working contact information; (II) an ongoing contractual relationship with the online marketplace to provide the online marketplace with the manufacture, distribution, wholesaling, or fulfillment of shipments of consumer products; and (III) provided to the online marketplace identifying information, as described in subsection (a), that has been verified in accordance with that subsection. (7) Verify.--The term ``verify'' means to confirm information provided to an online marketplace pursuant to this section, which may include the use of one or more methods that enable the online marketplace to reliably determine that any information and documents provided are valid, corresponding to the seller or an individual acting on the seller's behalf, not misappropriated, and not falsified. (g) Relationship to State Laws.--No State or political subdivision of a State, or territory of the United States, may establish or continue in effect any law, regulation, rule, requirement, or standard that conflicts with the requirements of this section. (h) Effective Date.--This section shall take effect 180 days after the date of the enactment of this Act. Passed the House of Representatives November 17, 2022. Attest: Clerk. 117th CONGRESS 2d Session H. R. 5502 _______________________________________________________________________

To require online marketplaces to verify certain information regarding high-volume third party sellers of consumer products on such online marketplaces and to disclose to consumers certain contact and other information regarding such high-volume third party sellers.

To require online marketplaces to verify certain information regarding high-volume third party sellers of consumer products on such online marketplaces and to disclose to consumers certain contact and other information regarding such high-volume third party sellers.

INFORM Consumers Act Integrity, Notification, and Fairness in Online Retail Marketplaces for Consumers Act

Rep. Schakowsky, Janice D.

D

IL

S.4979

Crime and Law Enforcement

Sexual Abuse Services in Detention Act This bill authorizes grants and establishes a national resource center to support the provision of emotional support services for incarcerated individuals who have experienced sexual abuse.

To authorize grants for emotional support services for incarcerated victims of sexual abuse, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Sexual Abuse Services in Detention Act''. SEC. 2. DEFINITIONS. In this Act: (1) Emotional support service.--The term ``emotional support service''-- (A) means emotional support services or counseling for individuals who have experienced sexual abuse at any time in their life; and (B) includes-- (i) crisis intervention services; (ii) education about dynamics of sexual abuse and sexual harassment; (iii) sharing resources; (iv) safety planning and discussion of reporting options; (v) telephone hotline services; and (vi) assistance processing trauma reactions and building coping skills. (2) Emotional support service provider.--The term ``emotional support service provider'' means a nonprofit, nongovernmental organization that has-- (A) special expertise and broad experience in providing sexual abuse and rape crisis counseling services for survivors, including victims of sexual abuse in correctional settings; and (B) experience with correctional services, such as-- (i) understanding the unique dynamics of custodial sexual abuse; (ii) understanding correctional practices and correctional security concerns; or (iii) providing technical assistance and training to correctional officers and administrators. (3) Nonprofit organization.--The term ``nonprofit organization'' means an organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and that is exempt from taxation under section 501(a) of such Code. (4) Training services.--The term ``training services'' means providing education, training, and technical assistance on providing emotional support services in corrections settings for incarcerated survivors and victims of sexual abuse. SEC. 3. EMOTIONAL SUPPORT SERVICES FOR SEXUAL ABUSE VICTIMS IN DETENTION FACILITIES. (a) Grants Authorized.--The Attorney General, acting through the Director of the Office for Victims of Crime, may award grants to emotional support service providers for the purpose of collaborating with Federal, State, local, or Tribal authorities to provide emotional support services in corrections settings for incarcerated survivors and victims of sexual abuse. (b) Authorization of Appropriations.--There are authorized to be appropriated $10,000,000 for each of fiscal years 2023 through 2028 to carry out this section. (c) Supplement, Not Supplant.--Amounts made available under this section shall supplement and not supplant any other authorization, appropriation, or grant. SEC. 4. TRAINING GRANTS. (a) Eligible Entity.--In this section, the term ``eligible entity'' mean an entity that has experience providing training services in the manner described in subsection (c). (b) Authority.-- The Attorney General may award grants to eligible entities to carry out the activities described in subsection (c). (c) Use of Funds.--An eligible entity that receives a grant under subsection (b) shall use amounts received under the grant to-- (1) provide training services to a corrections agency or facility seeking to offer emotional support services at the institution; (2) provide training services to correctional officers and administrators; and (3) collect and maintain data on a biannual basis on the usage volume for training services described in paragraphs (1) and (2). (d) Authorization of Appropriations.--There are authorized to be appropriated $5,000,000 to carry out this section for each of fiscal years 2023 through 2028. SEC. 5. SEXUAL ABUSE SERVICES IN DETENTION RESOURCE CENTER. (a) Eligible Organization.--In this section, the term ``eligible organization'' means a nonprofit organization that has special expertise and broad experience in providing the information, guidance, and technical assistance described in subsection (b). (b) Establishment.--The Attorney General shall establish a national resource center that shall-- (1) provide guidance and training series to corrections agencies, prisons, jails, and other detention facilities on establishing, administering, operating, and supporting emotional support services for sexual abuse victims in correctional or detention facilities; (2) provide guidance and training services to emotional support service providers on establishing, administering, operating, and supporting emotional support services for sexual abuse victims in correctional or detention facilities; and (3) collect, compile, and disseminate resources on the delivery of emotional support services in correctional or detention settings, including-- (A) training services; (B) research; and (C) best practices. (c) Grant.--The Attorney General may make a grant to an eligible organization to provide for the establishment, functioning, or implementation of subsection (b). (d) Authorization of Appropriations.--There are authorized to be appropriated $2,000,000 for each of fiscal years 2023 through 2028 to carry out this section.

Sexual Abuse Services in Detention Act

A bill to authorize grants for emotional support services for incarcerated victims of sexual abuse, and for other purposes.

Sexual Abuse Services in Detention Act

Sen. Schatz, Brian

D

HI

H.R.3718

Transportation and Public Works

Bridge Investment Act of 2021 This bill requires states to use at least 20% of certain FY2022-FY2025 federal highway funds to improve bridges, particularly those classified as being in poor condition.

To amend title 23, United States Code, to direct States to obligate certain funding to repair, improve, rehabilitate, or replace bridges to improve the safety, efficiency, and reliability of the movement of people and freight over bridge crossings, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Bridge Investment Act of 2021''. SEC. 2. BRIDGE INVESTMENT. (a) In General.--Section 144 of title 23, United States Code, is amended-- (1) in the section heading by striking ``National bridge and tunnel inventory and inspection standards'' and inserting ``Bridges and tunnels''; (2) in subsection (a)(1)(B) by striking ``deficient''; (3) in subsection (b)(5) by striking ``structurally deficient bridge'' and inserting ``bridge classified as in poor condition''; (4) in subsection (d)-- (A) in paragraph (2) by striking ``Not later than 2 years after the date of enactment of the MAP-21, each'' and inserting ``Each''; and (B) by striking paragraph (4); (5) in subsection (j) in paragraph (5) by striking ``financial characteristics'' and all that follows through the end and inserting ``Federal share.''; and (6) by adding at the end the following: ``(l) Highway Bridge Replacement and Rehabilitation.-- ``(1) Goals.--The goals of this subsection shall be to-- ``(A) support the achievement of a state of good repair for the Nation's bridges; ``(B) improve the safety, efficiency, and reliability of the movement of people and freight over bridges; and ``(C) improve the condition of bridges in the United States by reducing-- ``(i) the number of bridges-- ``(I) in poor condition; or ``(II) in fair condition and at risk of falling into poor condition; ``(ii) the total person miles traveled over bridges-- ``(I) in poor condition; or ``(II) in fair condition and at risk of falling into poor condition; ``(iii) the number of bridges that-- ``(I) do not meet current geometric design standards; or ``(II) cannot meet the load and traffic requirements typical of the regional transportation network; and ``(iv) the total person miles traveled over bridges that-- ``(I) do not meet current geometric design standards; or ``(II) cannot meet the load and traffic requirements typical of the regional transportation network. ``(2) Bridges on public roads.-- ``(A) Minimum bridge investment.--Excluding the amounts described in subparagraph (C), of the total funds apportioned to a State under paragraphs (1) and (2) of section 104(b) for fiscal years 2022 to 2025, a State shall obligate not less than 20 percent for projects described in subparagraph (E). ``(B) Program flexibility.--A State required to obligate funds under subparagraph (A) may use any combination of funds apportioned to a State under paragraphs (1) and (2) of section 104(b). ``(C) Limitation.--Amounts described below may not be used for the purposes of calculating or meeting the minimum bridge investment requirement under subparagraph (A)-- ``(i) amounts described in section 133(d)(1)(A); ``(ii) amounts set aside under section 133(h); and ``(iii) amounts described in section 505(a). ``(D) Rule of construction.--Nothing in this section shall be construed to prohibit the expenditure of funds described in subparagraph (C) for bridge projects eligible under such section. ``(E) Eligible projects.--Funds required to be obligated in accordance with paragraph (2)(A) may be obligated for projects or activities that-- ``(i) are otherwise eligible under either section 119 or section 133, as applicable; ``(ii) provide support for the condition and performance of bridges on public roads within the State; and ``(iii) remove a bridge classified as in poor condition in order to improve community connectivity, or replace, reconstruct, rehabilitate, preserve, or protect a bridge included on the national bridge inventory authorized by subsection (b), including through-- ``(I) seismic retrofits; ``(II) systematic preventive maintenance; ``(III) installation of scour countermeasures; ``(IV) the use of innovative materials that extend the service life of the bridge and reduce preservation costs, as compared to conventionally designed and constructed bridges; ``(V) the use of nontraditional production techniques, including factory prefabrication; ``(VI) painting for purposes of bridge protection; ``(VII) application of calcium magnesium acetate, sodium acetate/ formate, or other environmentally acceptable, minimally corrosive anti- icing and deicing compositions; ``(VIII) corrosion control; ``(IX) construction of protective features (including natural infrastructure) alone or in combination with other activities eligible under this paragraph to enhance resilience of a bridge; ``(X) bridge security countermeasures; ``(XI) impact protection measures for bridges; ``(XII) inspection and evaluation of bridges; and ``(XIII) training for bridge inspectors consistent with subsection (i). ``(F) Bundles of projects.--A State may use a bundle of projects as described in subsection (j) to satisfy the requirements of subparagraph (A), if each project in the bundle is otherwise eligible under subparagraph (E). ``(G) Flexibility.--The Secretary may, at the request of a State, reduce the required obligation under subparagraph (A) if-- ``(i) the reduction is consistent with a State's asset management plan for the National Highway System; ``(ii) the reduction will not limit a State's ability to improve the condition and performance of bridges on public roads within the State; and ``(iii) the State demonstrates that it has inadequate needs to justify the expenditure. ``(H) Considerations.--In selecting bridge projects, States shall consider-- ``(i) the average amount of people and freight supported by the eligible project; ``(ii) the extent to which the eligible project demonstrates cost savings by bundling multiple bridge projects; ``(iii) geographic diversity among projects, including the need for a balance between the needs of rural and urban communities; ``(iv) the extent to which an eligible project improves intermodal freight transportation; and ``(v) whether the project serves as part of a State or Federal evacuation route. ``(I) Bridge investment report.--The Secretary shall annually publish on the website of the Department of Transportation a bridge investment report that includes-- ``(i) the total Federal funding obligated for bridge projects in the most recent fiscal year, on a State-by-State basis and broken out by Federal program; ``(ii) the total Federal funding obligated, on a State-by-State basis and broken out by Federal program, for bridge projects carried out pursuant to the minimum bridge investment requirements under subparagraph (A); ``(iii) the progress made by each State toward meeting the minimum bridge investment requirement under subparagraph (A) for such State, both cumulatively and for the most recent fiscal year; ``(iv) the total Federal funding obligated for bridge projects, broken out by rural and urban area; ``(v) the total Federal funding obligated for bridge projects on off-system bridges; ``(vi) a summary of-- ``(I) each request made under subparagraph (G) by a State for a reduction in the minimum bridge investment requirement under subparagraph (A); and ``(II) for each request described in subclause (I) that is granted by the Secretary-- ``(aa) the percentage and dollar amount of the reduction; and ``(bb) an explanation of how the State met each of the criteria described in subparagraph (G); and ``(vii) a summary of-- ``(I) each request made by a State for a reduction in the obligation requirements under section 133(f); and ``(II) for each request that is granted by the Secretary-- ``(aa) the percentage and dollar amount of the reduction; and ``(bb) an explanation of how the Secretary made the determination under section 133(f)(2)(B). ``(J) Off-system bridges.--A State may apply amounts obligated under this subsection or section 133(f)(2)(A) to the obligation requirements of both this subsection and section 133(f). ``(K) NHS penalty.--A State may apply amounts obligated under this subsection or section 119(f)(2) to the obligation requirements of both this subsection and section 119(f)(2). ``(L) Compliance.--If a State fails to satisfy the requirements of subparagraph (A) by the end of fiscal year 2025, the Secretary may subject the State to appropriate program sanctions under section 1.36 of title 23, Code of Federal Regulations (or successor regulations).''. (b) Clerical Amendment.--The analysis for chapter 1 of title 23, United States Code, is amended by striking the item relating to section 144 and inserting the following: ``144. Bridges and tunnels.''. <all>

Bridge Investment Act of 2021

To amend title 23, United States Code, to direct States to obligate certain funding to repair, improve, rehabilitate, or replace bridges to improve the safety, efficiency, and reliability of the movement of people and freight over bridge crossings, and for other purposes.

Bridge Investment Act of 2021

Rep. Maloney, Sean Patrick

D

NY

H.R.6663

Finance and Financial Sector

Fleet Reserve Association 100th Anniversary Act This bill directs the Department of the Treasury to mint and issue 50,000 $5 gold coins, 400,000 $1 silver coins, and 750,000 half-dollar clad coins in recognition and celebration of the 100th anniversary of the Fleet Reserve Association. All sales of coins issued under this bill shall include a surcharge which shall be paid to the Fleet Reserve Association.

To require the Secretary of the Treasury to mint commemorative coins in recognition of the 100th anniversary of the Fleet Reserve Association. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Fleet Reserve Association 100th Anniversary Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) On November 11, 1924, the Fleet Reserve Association (FRA) was founded by Navy Chief Yeoman George L. Carlin and chartered in 1924 in Philadelphia, Pennsylvania. FRA was born out of the need for an organization to protect the pay and benefits of enlisted Sea Service members and their families. (2) The Fleet Reserve Association (FRA) is a congressionally chartered, non-profit organization that represents the interests of the Sea Service community. Although the association was originally named for the Navy's Fleet Reserve program, membership in FRA is open to all current and former sailors, marines, and Coast Guard personnel. (3) In 1930, FRA-proposed legislation was enacted that authorizes a death gratuity benefit of six months basic pay to the estates of recalled Fleet Reservists who subsequently die on active duty. (4) In 1932, FRA was successful in exempting enlisted personnel from Great Depression-era pay cuts that deferred pay for Federal employees by 8 to 20 percent. (5) In 1934, FRA regained two-thirds of the 15 percent pay cut authorized in the Economy Act of 1933. The remaining 5 percent was restored in 1935. (6) In 1935, FRA was successful in obtaining eligibility for Navy retirees and Fleet Reservists to receive emergency care in veterans' hospitals in areas where military facilities were not available. (7) In 1937, FRA helped advance legislation that authorized commissary privileges for military widows. (8) In 1946, FRA was successful in establishing equity in disability compensation for disabled peacetime veterans with their wartime counterparts. (9) In 1950, FRA first proposed legislation to provide a survivor benefit program as part of the military retirement system. (10) In 1972, FRA played a major role in the enactment of the Widow's Equity bill, the precursor of today's Survivor Benefit Plan (SBP) and FRA sponsored the Navy's first Sailors of the Year competition, a tradition that continues today. (11) In 1985, FRA became a founding member of The Military Coalition when laws threatened to significantly cut military retired pay. The FRA is one of 12 military and veterans organizations that banded together to reverse the potential loss of 22.5 percent in cost-of-living adjustments (COLA) over a seven-year period. (12) In 1986, FRA played a key role in restoring full cost- of-living adjustments (COLA) for military retirees. (13) In 1996, FRA became federally chartered as part of the National Defense Authorization Act for Fiscal Year 1997 (Public Law 104-201). (14) In 2002, the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107-314) authorized combat-related special compensation (CRSC) for disabled uniformed services retirees wounded in combat, which FRA acknowledged as a significant first step toward full concurrent receipt of military retired pay and Department of Veterans Affairs disability compensation. (15) In 2009, the FRA Education Foundation was launched in conjunction with FRA's 85th anniversary. (16) In 2013, FRA successfully defeated efforts to reduce future cost-of-living adjustments (COLA) for military retirees by blocking implementation of the chained consumer price index (CPI) in lieu of the current consumer price index (CPI). (17) November 11, 2024, will mark the 100th anniversary of the Fleet Reserve Association. SEC. 3. COIN SPECIFICATIONS. (a) Denominations.--In recognition and celebration of the 100th anniversary of the Fleet Reserve Association, the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue the following coins: (1) $5 gold coins.--Not more than 50,000 $5 coins, which shall-- (A) weigh 8.359 grams; (B) have a diameter of 0.850 inches; and (C) contain not less than 90 percent gold. (2) $1 silver coins.--Not more than 400,000 $1 coins, which shall-- (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain not less than 90 percent silver. (3) Half-dollar clad coins.--Not more than 750,000 half- dollar coins which shall-- (A) weigh 11.34 grams; (B) have a diameter of 1.205 inches; and (C) be minted to the specifications for half-dollar coins contained in section 5112(b) of title 31, United States Code. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of sections 5134 and 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 4. DESIGN OF COINS. (a) In General.--The design for the coins minted under this Act shall be emblematic of the Fleet Reserve Association. (b) Designations and Inscriptions.--On each coin minted under this Act there shall be-- (1) a designation of the denomination of the coin; (2) an inscription of the year ``2024''; (3) FRA's motto: ``Loyalty, Protection, and Service''; and (4) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (c) Selection.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary after consultation with-- (A) the Commission of Fine Arts; and (B) the National Board of Directors of the Fleet Reserve Association, as defined in the constitution and bylaws of the Fleet Reserve Association; and (2) reviewed by the Citizens Commemorative Coin Advisory Committee. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Period for Issuance.--The Secretary may issue coins minted under this Act only during the 1-year period beginning on January 1, 2024. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price based upon the sum of-- (1) the face value of the coins; (2) the surcharge provided in section 7(a) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. SEC. 7. SURCHARGES. (a) In General.--All sales of coins minted under this Act shall include a surcharge as follows: (1) A surcharge of $35 per coin for the $5 coin. (2) A surcharge of $10 per coin for the $1 coin described under section 3(a)(2). (3) A surcharge of $5 per coin for the half-dollar coin. (b) Distribution.--Subject to section 5134(f) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the Fleet Reserve Association for costs related to-- (1) promoting the importance of and caring for those who have served in uniform, ensuring they receive proper health care and disability benefits earned through military service; (2) promoting the importance of, and caring for, those who are still serving in the Armed Forces; (3) promoting the importance of maintaining the patriotic values, morals, culture, and citizenship of the United States; and (4) promoting the importance of maintaining strong families, assistance for at-risk children, and activities that promote their healthy and wholesome development. (c) Limitation.--Notwithstanding subsection (a), no surcharge may be included with respect to the issuance under this Act of any coin during a calendar year if, as of the time of such issuance, the issuance of such coin would result in the number of commemorative coin programs issued during such year to exceed the annual commemorative coin program issuance limitation under section 5112(m)(1) of title 31, United States Code (as in effect on the date of the enactment of this Act). The Secretary of the Treasury may issue guidance to carry out this subsection. (d) Audit.--The recipient described under subsection (b) shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received under subsection (b). SEC. 8. FINANCIAL ASSURANCES. The Secretary shall take such actions as may be necessary to ensure that-- (1) minting and issuing coins under this Act will not result in any net cost to the United States Government; and (2) no funds, including applicable surcharges, are disbursed to the recipient designated in section 7 until the total cost of designing and issuing all of the coins authorized by this Act (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping) is recovered by the United States Treasury, consistent with sections 5112(m) and 5134(f) of title 31, United States Code. <all>

Fleet Reserve Association 100th Anniversary Act

To require the Secretary of the Treasury to mint commemorative coins in recognition of the 100th anniversary of the Fleet Reserve Association.

Fleet Reserve Association 100th Anniversary Act

Rep. Bilirakis, Gus M.

R

FL

S.2566

Health

Improving Access to Transfusion Care for Hospice Patients Act of 2021 This bill requires the Center for Medicare and Medicaid Innovation (CMMI) to test a model under which blood transfusions furnished to an individual receiving hospice care are paid separately from the hospice all-inclusive per diem payment under Medicare. The CMMI must evaluate the model by comparing patients participating in the model with those outside of the model in relation to specified metrics, such as hospital utilization and days of hospice care before the end of life.

To require the Center for Medicare and Medicaid Innovation to test allowing blood transfusions to be paid separately from the Medicare hospice all-inclusive per diem payment Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Improving Access to Transfusion Care for Hospice Patients Act of 2021''. SEC. 2. CENTER FOR MEDICARE AND MEDICAID INNOVATION TESTING OF ALLOWING BLOOD TRANSFUSIONS TO BE PAID SEPARATELY FROM THE MEDICARE HOSPICE ALL-INCLUSIVE PER DIEM PAYMENT. Section 1115A of the Social Security Act (42 U.S.C. 1315a) is amended-- (1) in subsection (b)(2)(A), by adding at the end the following new sentence: ``The models selected under this subparagraph shall include the testing of the model described in subsection (h).''; and (2) by adding at the end the following new subsection: ``(h) Testing of Allowing Blood Transfusions To Be Paid Separately From the Medicare Hospice All-Inclusive Per Diem Payment.-- ``(1) In general.--Not later than 1 year after the date of enactment of this subsection, the CMI shall establish and implement a model under which blood transfusions furnished to an individual receiving hospice care are paid separately from the hospice all-inclusive per diem payment under section 1814(i). The separate payment amount for such blood transfusion shall be the amount that would otherwise apply under title XVIII if the transfusion was not furnished as part of hospice care. ``(2) Requirements for evaluation.--In conducting any evaluation of the model described in paragraph (1) pursuant to subsection (b)(4), the CMI shall ensure it compares participants under the model with similar patients outside of the model with respect to the following metrics: ``(A) The number of chemotherapy services furnished in the last 14 days of life. ``(B) Hospital utilization in the last 30 days of life, including emergency department visits, in-patient and observation status stays (including the length of the stays), and intensive care unit (ICU) days. ``(C) How many days receiving hospice care before the end of life. ``(D) The number of patients receiving hospice care who received a transfusion compared to patients with similar diagnoses not receiving hospice care. ``(E) The average frequency of transfusion for patients receiving hospice care compared patients not receiving hospice care. ``(F) The number of transfusions for patients receiving hospice care compared to patients not receiving hospice care. ``(G) Other areas determined appropriate by the CMI.''. <all>

Improving Access to Transfusion Care for Hospice Patients Act of 2021

A bill to require the Center for Medicare and Medicaid Innovation to test allowing blood transfusions to be paid separately from the Medicare hospice all-inclusive per diem payment.

Improving Access to Transfusion Care for Hospice Patients Act of 2021

Sen. Rosen, Jacky

D

NV

H.J.Res.73

International Affairs

This joint resolution expresses that Congress

117th CONGRESS 2d Session H. J. RES. 73 Formally apologizing for the nuclear legacy of the United States in the Republic of the Marshall Islands and affirming the importance of free association between the Government of the United States and the Government of the Marshall Islands. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES March 1, 2022 Ms. Porter (for herself, Ms. Chu, Ms. Titus, and Mrs. Radewagen) submitted the following joint resolution; which was referred to the Committee on Natural Resources, and in addition to the Committee on Foreign Affairs, 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 Formally apologizing for the nuclear legacy of the United States in the Republic of the Marshall Islands and affirming the importance of free association between the Government of the United States and the Government of the Marshall Islands. Whereas the United States freed the islands now known as the Republic of the Marshall Islands, the Republic of Palau, and the Federated States of Micronesia from Japan through bloody battles during World War II; Whereas the United States persuaded the United Nations to designate those islands as United Nations Trust Territory and the United States as Administering Authority of those islands pending the development of self-government on such islands; Whereas, in response to United Nations Security Council concerns with respect to such administration, President Harry S. Truman wrote that the people of the Marshall Islands ``will be accorded all rights which are the normal constitutional rights of the citizens under the Constitution'' and ``will be dealt with as wards of the United States for whom this country has special responsibilities''; Whereas the United States used the northern atolls of the Marshall Islands-- (1) to conduct extensive nuclear weapons testing during the Cold War; and (2) to dispose of radioactive waste from the Nevada Test Site; Whereas the nuclear weapons testing program of the United States contaminated at least 11 of the 29 atolls of the Marshall Islands; Whereas March 1 is Nuclear Victims Remembrance Day in the Marshall Islands, which memorializes the 67 thermonuclear tests the United States conducted in the Marshall Islands between 1946 and 1958 and which produced on average approximately 1.7 times the explosive yield of the bomb that destroyed Hiroshima every day for 12 years; Whereas the Castle Bravo test on March 1, 1954, remains the largest ever nuclear test by the United States, which yielded an explosion equivalent to approximately 1,000 times the power of the bomb that destroyed Hiroshima, and the unexpected size of the blast, combined with shifting wind conditions, led to radioactive exposure of civilians on multiple atolls, who were not evacuated for more than 48 hours after the blast; Whereas a 2019 study by Columbia University researchers found that levels of radioactive contamination on the 4 atolls most affected by nuclear testing exceeded the levels of radioactive contamination in Chernobyl, Ukraine, and Fukushima, Japan; Whereas the resettlement of individuals on such atolls, which were later found to be unsafe due to direct exposure to nuclear fallout, contributed to increased cancer rates, birth defects, and other illnesses among the people of the Marshall Islands; Whereas the United States conducted medical research on individuals in the Marshall Islands without their knowledge or consent; Whereas, from January 1, 1977, to December 31, 1980, a joint task group of members of the Armed Forces and civilian employees and contractors conducted radiological cleanup and built the Runit Dome (also known as the Cactus Crater containment structure) on Enewetak Atoll to house more than 110,000 cubic yards of radioactively contaminated soil and debris; Whereas, in addition to the radioactive waste from the Nevada Test Site that was dumped into the Enewetak Lagoon, more than 99 percent of all plutonium at Enewetak Atoll remains outside the Runit Dome; Whereas, since 2012, the Secretary of Energy has been responsible, under section 103(f)(1) of the Compact of Free Association Amendments Act of 2003 (48 U.S.C. 1921b(f)(1)), for quadrennial studies of the groundwater surrounding and in the Cactus Crater containment structure, but the Secretary has failed to complete such studies; Whereas, in October 2012, an official of the Department of Energy testified before Congress that seawater is ``communicating'' with the radioactive material in Cactus Crater; Whereas many of the members of the Armed Forces who participated in the cleanup of Enewetak Atoll have remained largely ineligible for benefits related to radiation exposure; Whereas the Government and the people of the Marshall Islands have long argued that compensation and assistance from the United States for personal injuries, adverse effects on health, the loss of land, and property damages have been inadequate; Whereas a study by the National Cancer Institute, published in August 2010, found that 55 percent of the cancers in Rongelap Atoll and 10 percent of cancers in Utrik Atoll during such period may be attributable to fallout exposure; Whereas, in section 2(c) of the Radiation Exposure Compensation Act (Public Law 101-426; 42 U.S.C. 2210 note), Congress apologized to individuals affected by above-ground nuclear testing in the Southwest United States, but the United States has made no such apology for the legacy of United States nuclear testing in the Marshall Islands; Whereas the Marshall Islands is one of the countries most vulnerable to the climate crisis; Whereas rising sea levels threaten to engulf the entire nation, which has no elevation higher than six feet; Whereas Hilda Heine, former President of the Marshall Islands, stated that a failure of developed countries to pursue bolder climate action meant that her country was ``facing death row''; Whereas the United States continues to have a critical national security relationship with the Marshall Islands, which-- (1) is home to a facility the Joint Chiefs of Staff refer to as ``the world's premiere range for intercontinental ballistic missile testing and space operations support''; and (2) in conjunction with the other Freely Associated States, guarantees the United States strategic control of an area of the Northern Pacific Ocean between the Philippines and Hawaii that is roughly the size of the continental United States; Whereas a sustained commitment by the United States to the Freely Associated States would-- (1) ensure that the United States maintains control of shipping lanes in the Pacific Ocean; and (2) deter efforts by the Peoples Republic of China to alienate the people of the Freely Associated States from the United States; Whereas the Marshall Islands are more important to the national interests of the United States now than they have been at any time since World War II; Whereas President Ronald Reagan encouraged the people of the Marshall Islands to ratify the Compact of Free Association Between the United States and the Republic of the Marshall Islands, done at Majuro June 25, 1983, by telling such people, ``you will always be family to us''; and Whereas the United States has a moral responsibility and a national security imperative-- (1) to formally apologize to the people of the Marshall Islands for the consequences of the nuclear weapons testing program; (2) to reaffirm the kinship and commitment of the United States to, and concern for, the people of the Freely Associated States; and (3) to demonstrate that the United States lives up to its history and responsibilities in the vital Indo-Pacific region and elsewhere: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That Congress-- (1) recognizes that-- (A) the United States nuclear testing program and radioactive waste disposal in the Marshall Islands caused irreparable material and intangible harm to the people of the Marshall Islands; and (B) although the United States governed the Marshall Islands during such nuclear testing program and had complete responsibility for the welfare of the people of the Marshall Islands, the United States-- (i) failed to evacuate those people from areas contaminated by nuclear radiation; (ii) prematurely resettled such people in unsafe conditions; and (iii) conducted medical research without the consent of such people; (2) apologizes on behalf of the United States to the individuals and families of the Marshall Islands for the hardships they have endured as a result of the United States nuclear testing program and radioactive waste disposal; (3) commits to providing assistance to the Marshall Islands and the other Freely Associated States to adapt to the worst effects of the climate crisis; (4) urges the Secretary of Energy to complete as soon as possible a radiochemical analysis of the groundwater surrounding Cactus Crater in accordance with section 103(f)(1) of the Compact of Free Association Amendments Act of 2003 (48 U.S.C. 1921b(f)(1)); (5) calls upon the Secretary of Defense and the Secretary of Energy to fully support the study required under section 1685 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117-81; 135 Stat. 2125), which directs the Public Interest Declassification Board to explore the feasibility of the declassification of documents related to United States nuclear weapons testing in the Marshall Islands; (6) commits to securing healthcare coverage for veterans of the Armed Forces and civilian personnel who participated in the clean up of radiological waste of former United States nuclear test sites in the Marshall Islands; (7) affirms that the Compact of Free Association between the United States and the Republic of the Marshall Islands, done at Majuro June 25, 1983 (referred to in this resolution as the ``Compact of Free Association''), is the cornerstone of the strong relationship between the Marshall Islands and the United States, which also includes-- (A) vital contributions of the people of the Marshall Islands in the United States; (B) high rates of service in the Armed Forces by citizens of the Marshall Islands; and (C) a shared desire for a free, stable, and prosperous Indo-Pacific region; (8) recognizes that it is incumbent on the United States to open dialogue regarding the nuclear legacy of the United States in Marshall Islands during any negotiation of the Compact of Free Association or its subsidiary agreements; (9) welcomes the commitment of the Government of the United States, outlined in the Indo-Pacific Strategy of the United States, published by the White House in February 2022, to ``prioritize negotiations on our Compacts of Free Association with the Freely Associated States as the bedrock of the U.S. role in the Pacific'', and urges the President to appoint a special envoy to guide the interagency process of negotiating an extension of the Compact of Free Association; and (10) acknowledges that nothing in this resolution-- (A) authorizes any claim against the United States; (B) supersedes any provision of the Compact of Free Association or its subsidiary agreements; and (C) serves as a settlement of any claim against the United States. <all>

Formally apologizing for the nuclear legacy of the United States in the Republic of the Marshall Islands and affirming the importance of free association between the Government of the United States and the Government of the Marshall Islands.

Formally apologizing for the nuclear legacy of the United States in the Republic of the Marshall Islands and affirming the importance of free association between the Government of the United States and the Government of the Marshall Islands.

Official Titles - House of Representatives Official Title as Introduced Formally apologizing for the nuclear legacy of the United States in the Republic of the Marshall Islands and affirming the importance of free association between the Government of the United States and the Government of the Marshall Islands.

Rep. Porter, Katie

D

CA

H.R.8374

Crime and Law Enforcement

Shall Not Be Infringed Act This bill repeals the Bipartisan Safer Communities Act, which was signed into law on June 25, 2022. The act makes various changes to federal firearms laws, including to expand background check requirements, broaden the scope of existing restrictions, and establish new criminal offenses. The act also reauthorizes, funds, and supports various programs, grants, and activities to promote access to behavioral and mental health services, enhance school safety and security initiatives, and address gun violence in communities.

To repeal the Bipartisan Safer Communities Act, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Shall Not Be Infringed Act''. SEC. 2. REPEAL OF THE BIPARTISAN SAFER COMMUNITIES ACT. Effective as of the date of enactment of the Bipartisan Safer Communities Act (Public Law 117-159), such Act is repealed, and the provisions of law amended or repealed by such Act are restored or revived as if such Act had not been enacted. <all>

Shall Not Be Infringed Act

To repeal the Bipartisan Safer Communities Act, and for other purposes.

Shall Not Be Infringed Act

Rep. Boebert, Lauren

R

CO

H.R.4430

International Affairs

This bill requires the Department of State to compile a list of allied countries with which joint international research and cooperation would advance U.S. national interests and scientific knowledge in key technology focus areas. The State Department must collaborate with similar entities in listed countries to establish general security policies and procedures for governmental, academic, and private-sector research in order to prevent sensitive research from being disclosed to adversaries.

To provide for the establishment of security standards for international research in key technology focus areas. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. PRIORITIZATION AND PROTECTION OF INTERNATIONAL RESEARCH. (a) List of Allied Countries.--The Secretary of State, in consultation with the Director of the Office of Science and Technology Policy, the National Security Council, the Secretary of Energy, the Director of the National Science Foundation, and the heads of other relevant agencies, shall create a list of allied countries with which joint international research and cooperation would advance United States national interests and advance scientific knowledge in key technology focus areas. (b) Establishment of Security Procedures.--The Secretary of State, in consultation with the individuals and entities listed in subsection (a), shall collaborate with similar entities in the countries appearing on the list created pursuant to subsection (a) to develop, coordinate, and agree to general security policies and procedures for governmental, academic, and private sector research, to prevent sensitive research from being disclosed to adversaries. (c) Report.--Not later than 1 year after the date of the enactment of this Act, the Secretary of State, in consultation with the individuals and entities listed in subsection (a), and allied countries appearing on the list created pursuant to subsection (a), shall submit a report to Congress that identifies the most promising international research ventures that leverage resources and advance research in key technology focus areas. <all>

To provide for the establishment of security standards for international research in key technology focus areas.

To provide for the establishment of security standards for international research in key technology focus areas.

Official Titles - House of Representatives Official Title as Introduced To provide for the establishment of security standards for international research in key technology focus areas.

Rep. Wild, Susan

D

PA

S.315

Health

Quality Care for Nursing Home Residents Act This bill establishes several requirements for Medicare skilled nursing facilities and Medicaid nursing facilities, including with respect to minimum staffing levels, protections for whistleblowers and residents, and training for nurses. Specifically, the bill establishes minimum nurse-resident ratios for day, evening, and night shifts and prohibits facilities from retaliating against residents or staff who file complaints or cooperate in investigations; violators are subject to civil penalties. Facilities must also train nurses on their emergency procedures and on residents' rights. The bill also requires specific consent procedures in relation to the administration of certain psychotropic drugs and prohibits the use of pre-dispute arbitration agreements in such facilities.

To amend titles XVIII and XIX of the Social Security Act to ensure quality care for residents of skilled nursing facilities and nursing facilities, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Quality Care for Nursing Home Residents Act''. SEC. 2. MINIMUM NURSE STAFFING REQUIREMENTS FOR SKILLED NURSING FACILITIES UNDER MEDICARE PROGRAM AND NURSING FACILITIES UNDER MEDICAID PROGRAM. (a) Medicare.-- (1) In general.--Subparagraph (C) of section 1819(b)(4) of the Social Security Act (42 U.S.C. 1395i-3(b)(4)) is amended-- (A) in clause (i)-- (i) by amending the clause heading to read as follows: ``General requirements before 2022''; and (ii) by striking ``Except as provided in clause (ii),'' and inserting ``Except as provided in clause (iii), with respect to skilled nursing facility services provided before January 1, 2022,''; (B) by redesignating clause (ii) as clause (iii); and (C) by inserting after clause (i) the following new clause: ``(ii) General requirements after 2021.-- ``(I) In general.--With respect to skilled nursing facility services provided on or after January 1, 2022, a skilled nursing facility must-- ``(aa) provide nursing services that are sufficient to meet the nursing needs of its residents on a 24-hour basis, to be divided into day shifts, evening shifts, and night shifts; ``(bb) provide for minimum nurse staffing levels with respect to each such shift, in accordance with this clause; and ``(cc) ensure that, in carrying out items (aa) and (bb), a total minimum of 4.1 hours of care is provided per resident per day, with 0.75 hours of care of such total minimum provided by a registered professional nurse, 0.54 hours of care of such total minimum provided by a licensed practical nurse, and 2.81 hours of care of such total minimum provided by a nurse aide (as defined in paragraph (5)(F)). ``(II) Day shifts.--With respect to a day shift, the skilled nursing facility must have-- ``(aa) at least 1 registered professional nurse for every 28 residents, with a minimum of 0.29 hours of care provided per resident during each such shift; ``(bb) at least 1 licensed practical nurse for every 40 residents, with a minimum of 0.20 hours of care provided per resident during each such shift; and ``(cc) at least 1 nurse aide (as defined in paragraph (5)(F)) for every 7 residents, with a minimum of 1.14 hours of care provided per resident during each such shift. ``(III) Evening shifts.--With respect to an evening shift, the skilled nursing facility must have-- ``(aa) at least 1 registered professional nurse for every 30 residents, with a minimum of 0.26 hours of care provided per resident during each such shift; ``(bb) at least 1 licensed practical nurse for every 40 residents, with a minimum of 0.20 hours of care provided per resident during each such shift; and ``(cc) at least 1 nurse aide (as defined in paragraph (5)(F)) for every 7 residents, with a minimum of 1.14 hours of care provided per resident during each such shift. ``(IV) Night shifts.--With respect to a night shift, the skilled nursing facility must have-- ``(aa) at least 1 registered professional nurse for every 40 residents, with a minimum of 0.20 hours of care provided per resident during such shift; ``(bb) at least 1 licensed practical nurse for every 56 residents, with a minimum of 0.14 hours of care provided per resident during such shift; and ``(cc) at least 1 nurse aide (as defined in paragraph (5)(F)) for every 15 residents, with a minimum of 0.53 hours of care provided per resident during such shift. ``(V) Secretarial authority to establish higher minimum nurse staffing levels.--The Secretary may establish and require skilled nursing facilities (or, at the Secretary's discretion, only skilled nursing facilities that have a higher percentage of residents with extensive care needs, as determined by the Secretary) to provide for minimum nurse staffing levels that are higher than the levels required under this clause. ``(VI) Rule of construction regarding state authority to establish higher minimum nurse staffing levels.-- Nothing in this clause may be construed as preventing a State from establishing or requiring skilled nursing facilities in the State to provide for minimum nurse staffing levels that are higher than the levels required under this clause. ``(VII) Clarification with respect to minimum hours of care provided per resident requirements.--In complying with the minimum hours of care provided per resident requirements under this clause, a skilled nursing facility may not count any time spent by a registered professional nurse, licensed practical nurse, or nurse aide on administrative services towards compliance with such requirements. ``(VIII) Definitions.--In this clause: ``(aa) Administrative services.--The term `administrative services' means food preparation, housekeeping, laundry services, maintenance services, and other noncaregiving-related services, as determined by the Secretary. ``(bb) Day shift.--The term `day shift' means, with respect to a day and a skilled nursing facility, an assigned work shift that is a period of 8 consecutive hours, beginning not sooner than 6 a.m. in the time zone in which such facility is located and not later than 8 a.m. in such time zone. ``(cc) Evening shift.--The term `evening shift' means, with respect to a day and a skilled nursing facility, an assigned work shift that is a period of 8 consecutive hours, beginning not sooner than 2 p.m. in the time zone in which such facility is located and not later than 4 p.m. in such time zone. ``(dd) Night shift.--The term `night shift' means, with respect to a day and a skilled nursing facility, an assigned work shift that is a period of 8 consecutive hours, beginning not sooner than 10 p.m. in the time zone in which such facility is located and not later than midnight in such time zone.''. (2) Enforcement.--Section 1819(h) of the Social Security Act (42 U.S.C. 1395i-3(h)) is amended-- (A) in paragraph (1), by striking ``If a State finds, on the basis of a standard'' and inserting ``Subject to paragraph (7), if a State finds, on the basis of a standard''; (B) in paragraph (2), by striking ``With respect to'' and inserting ``Subject to paragraph (7), with respect to''; and (C) by adding at the end the following new paragraph: ``(7) Special enforcement process with respect to minimum nurse staffing requirements.-- ``(A) In general.--If a State finds, on the basis of a standard, extended, or partial extended survey under subsection (g)(2) or otherwise, that a skilled nursing facility does not meet the minimum staffing requirements of clause (ii) of subsection (b)(4)(C) with respect to skilled nursing facility services provided on or after January 1, 2022, the State shall recommend to the Secretary that the Secretary take such actions as described in subclauses (I) and (II) of subparagraph (B)(i). ``(B) Secretarial authority.-- ``(i) In general.--With respect to any skilled nursing facility in a State, if the Secretary finds, or pursuant to a recommendation of the State under subparagraph (A) finds, that a skilled nursing facility does not meet the minimum staffing requirements of clause (ii) of subsection (b)(4)(C) with respect to skilled nursing facility services provided on or after January 1, 2022, the Secretary shall-- ``(I) deny any further payments under this title with respect to all individuals entitled to benefits under this title who are admitted to the facility after the effective date of the finding; and ``(II) impose a civil money penalty in an amount not to exceed $10,000 for each day of noncompliance. The provisions of section 1128A (other than subsections (a) and (b)) shall apply to a civil money penalty under the previous sentence in the same manner as such provisions apply to a penalty or proceeding under section 1128A(a). ``(ii) Reduction of civil money penalties in certain circumstances.--Subject to clause (iii), in the case where a skilled nursing facility self-reports and promptly corrects a deficiency for which a penalty was imposed under clause (i)(II) not later than 10 calendar days after the date of such imposition, the Secretary may reduce the amount of the penalty imposed by-- ``(I) not more than 50 percent; or ``(II) in the case that the facility was penalized under this subsection within the three-year period preceding the date of such imposition, not more than 25 percent. ``(iii) Prohibitions on reduction for certain deficiencies.-- ``(I) Repeat deficiencies.--The Secretary may not reduce the amount of a penalty under clause (ii) if the Secretary had reduced a penalty imposed on the skilled nursing facility in the preceding year under such clause with respect to a repeat deficiency. ``(II) Certain other deficiencies.--The Secretary may not reduce the amount of a penalty under clause (ii) if the penalty is imposed on the skilled nursing facility for a deficiency that is found to result in a pattern of harm or widespread harm, immediately jeopardizes the health or safety of a resident or residents of the facility, or results in the death of a resident of the facility. ``(iv) Repeated noncompliance.--In the case of a skilled nursing facility which, on three consecutive standard surveys conducted under subsection (g)(2), has been found as not meeting the minimum staffing requirements of clause (ii) of subsection (b)(4)(C) with respect to skilled nursing facility services provided on or after January 1, 2022, the Secretary may (regardless of the remedies provided for under clause (i))-- ``(I) appoint temporary management to oversee the operation of the facility and to assure the health and safety of the facility's residents in accordance with clause (iii) of paragraph (2)(B), except that `the minimum staffing requirements of clause (ii) of subsection (b)(4)(C)' shall be substituted for `all the requirements of subsections (b), (c), and (d)' under such clause; ``(II) monitor the facility under subsection (g)(4)(B) with respect to such minimum staffing requirements until the facility has demonstrated to the satisfaction of the Secretary that the facility is in compliance, and will remain in compliance, with such minimum staffing requirements; or ``(III) subject to section 1128I(h), terminate the facility's participation under this title. If the facility's participation under this title is terminated under this clause, the State shall provide for the safe and orderly transfer of the residents eligible under this title, consistent with the requirements of subsection (c)(2) and section 1128I(h). ``(v) Public notice of violations.-- ``(I) Internet website.--The Secretary shall publish on the internet website of the Department of Health and Human Services the names of skilled nursing facilities that have violated the minimum staffing requirements of clause (ii) of subsection (b)(4)(C) with respect to skilled nursing facility services provided on or after January 1, 2022. ``(II) Change of ownership.--With respect to a skilled nursing facility whose name is published under subclause (I) and has a change of ownership, as determined by the Secretary, after the date of such publication, the Secretary shall remove the name of such facility from the website described under such subclause after the 1-year period beginning on the date of such change of ownership.''. (3) Conforming amendment.--Item (a) of section 1819(f)(2)(B)(iii)(I) of the Social Security Act (42 U.S.C. 1395i-3(f)(2)(B)(iii)(I)) is amended by striking ``subsection (b)(4)(C)(ii)(II)'' and inserting ``subsection (b)(4)(C)(iii)(II)''. (b) Medicaid.-- (1) In general.--Subparagraph (C) of section 1919(b)(4) of the Social Security Act (42 U.S.C. 1396r(b)(4)) is amended-- (A) in clause (i)-- (i) in the clause heading, by inserting after ``General requirements'' the following ``before 2022''; (ii) in the matter preceding subclause (I), by inserting after ``October 1, 1990,'' the following: ``and before January 1, 2022,''; (iii) in subclause (I), by striking ``clause (ii)'' and inserting ``clause (iii)''; and (iv) in subclause (II), by striking ``clause (ii)'' and inserting ``clause (iii)''; (B) by redesignating clauses (ii) and (iii) as clauses (iii) and (iv), respectively; and (C) by inserting after clause (i) the following new clause: ``(ii) General requirements after 2021.-- ``(I) In general.--With respect to nursing facility services provided on or after January 1, 2022, a nursing facility must-- ``(aa) provide nursing services that are sufficient to meet the nursing needs of its residents on a 24-hour basis, to be divided into day shifts, evening shifts, and night shifts; ``(bb) provide for minimum nurse staffing levels with respect to each such shift, in accordance with this clause; and ``(cc) ensure that, in carrying out items (aa) and (bb), a total minimum of 4.1 hours of care is provided per resident per day, with 0.75 hours of care of such total minimum provided by a registered professional nurse, 0.54 hours of care of such total minimum provided by a licensed practical nurse, and 2.81 hours of care of such total minimum provided by a nurse aide (as defined in paragraph (5)(F)). ``(II) Day shifts.--With respect to a day shift, the nursing facility must have-- ``(aa) at least 1 registered professional nurse for every 28 residents, with a minimum of 0.29 hours of care provided per resident during each such shift; ``(bb) at least 1 licensed practical nurse for every 40 residents, with a minimum of 0.20 hours of care provided per resident during each such shift; and ``(cc) at least 1 nurse aide (as defined in paragraph (5)(F)) for every 7 residents, with a minimum of 1.14 hours of care provided per resident during each such shift. ``(III) Evening shifts.--With respect to an evening shift, the nursing facility must have-- ``(aa) at least 1 registered professional nurse for every 30 residents, with a minimum of 0.26 hours of care provided per resident during each such shift; ``(bb) at least 1 licensed practical nurse for every 40 residents, with a minimum of 0.20 hours of care provided per resident during each such shift; and ``(cc) at least 1 nurse aide (as defined in paragraph (5)(F)) for every 7 residents, with a minimum of 1.14 hours of care provided per resident during each such shift. ``(IV) Night shifts.--With respect to a night shift, the nursing facility must have-- ``(aa) at least 1 registered professional nurse for every 40 residents, with a minimum of 0.20 hours of care provided per resident during such shift; ``(bb) at least 1 licensed practical nurse for every 56 residents, with a minimum of 0.14 hours of care provided per resident during such shift; and ``(cc) at least 1 nurse aide (as defined in paragraph (5)(F)) for every 15 residents, with a minimum of 0.53 hours of care provided per resident during such shift. ``(V) Secretarial authority to establish higher minimum nurse staffing levels.--The Secretary may establish and require nursing facilities (or, at the Secretary's discretion, only nursing facilities that have a higher percentage of residents with extensive care needs, as determined by the Secretary) to provide for minimum nurse staffing levels that are higher than the levels required under this clause. ``(VI) Rule of construction regarding state authority to establish higher minimum nurse staffing levels.-- Nothing in this clause may be construed as preventing a State from establishing or requiring nursing facilities in the State to provide for minimum nurse staffing levels that are higher than the levels required under this clause. ``(VII) Clarification with respect to minimum hours of care provided per resident requirements.--In complying with the minimum hours of care provided per resident requirements under this clause, a nursing facility may not count any time spent by a registered professional nurse, licensed practical nurse, or nurse aide on administrative services towards compliance with such requirements. ``(VIII) Definitions.--In this clause: ``(aa) Administrative services.--The term `administrative services' means food preparation, housekeeping, laundry services, maintenance services, and other noncaregiving-related services, as determined by the Secretary. ``(bb) Day shift.--The term `day shift' means, with respect to a day and a nursing facility, an assigned work shift that is a period of 8 consecutive hours, beginning not sooner than 6 a.m. in the time zone in which such facility is located and not later than 8 a.m. in such time zone. ``(cc) Evening shift.--The term `evening shift' means, with respect to a day and a nursing facility, an assigned work shift that is a period of 8 consecutive hours, beginning not sooner than 2 p.m. in the time zone in which such facility is located and not later than 4 p.m. in such time zone. ``(dd) Night shift.--The term `night shift' means, with respect to a day and a nursing facility, an assigned work shift that is a period of 8 consecutive hours, beginning not sooner than 10 p.m. in the time zone in which such facility is located and not later than midnight in such time zone.''. (2) Enforcement.--Section 1919(h) of the Social Security Act (42 U.S.C. 1396r(h)) is amended-- (A) in paragraph (1), by striking ``If a State finds, on the basis of a standard'' and inserting ``Subject to paragraph (10), if a State finds, on the basis of a standard''; (B) in paragraph (2)-- (i) in subparagraph (C), by striking ``If a nursing facility'' and inserting ``Subject to paragraph (10), if a nursing facility''; and (ii) in subparagraph (D), by striking ``In the case of'' and inserting ``Subject to paragraph (10), in the case of''; (C) in paragraph (3)-- (i) in subparagraph (A), by inserting before the period the following: ``and the remedies described in paragraph (10)(B)''; and (ii) in subparagraph (B), by striking ``With respect to'' and inserting ``Subject to paragraph (10), with respect to''; and (D) by adding at the end the following new paragraph: ``(10) Special enforcement process with respect to minimum nurse staffing requirements.-- ``(A) In general.--If a State finds, on the basis of a standard, extended, or partial extended survey under subsection (g)(2) or otherwise, that a nursing facility does not meet the minimum staffing requirements of clause (ii) of subsection (b)(4)(C) with respect to nursing facility services provided on or after January 1, 2022, the State shall-- ``(i) deny any further payments under the State plan with respect to all individuals enrolled under such plan who are admitted to the facility after the effective date of the finding; and ``(ii) recommend to the Secretary that the Secretary impose the civil money penalty described in subparagraph (B). ``(B) Secretarial authority.-- ``(i) In general.--With respect to any nursing facility in a State other than a State nursing facility, if the Secretary finds that such a nursing facility does not meet the minimum staffing requirements of clause (ii) of subsection (b)(4)(C) with respect to nursing facility services provided on or after January 1, 2022, the Secretary shall-- ``(I) deny any further payments to the State for medical assistance furnished by the facility to all individuals enrolled under the State plan who are admitted to the facility after the effective date of the finding; and ``(II) impose a civil money penalty in an amount not to exceed $10,000 for each day of noncompliance. The provisions of section 1128A (other than subsections (a) and (b)) shall apply to a civil money penalty under the previous sentence in the same manner as such provisions apply to a penalty or proceeding under section 1128A(a). ``(ii) Reduction of civil money penalties in certain circumstances.--Subject to clause (iii), in the case where a nursing facility self-reports and promptly corrects a deficiency for which a penalty was imposed under clause (i)(II) not later than 10 calendar days after the date of such imposition, the Secretary may reduce the amount of the penalty imposed by-- ``(I) not more than 50 percent; or ``(II) in the case that the facility was penalized under this subsection within the three-year period preceding the date of such imposition, not more than 25 percent. ``(iii) Prohibitions on reduction for certain deficiencies.-- ``(I) Repeat deficiencies.--The Secretary may not reduce the amount of a penalty under clause (ii) if the Secretary had reduced a penalty imposed on the nursing facility in the preceding year under such clause with respect to a repeat deficiency. ``(II) Certain other deficiencies.--The Secretary may not reduce the amount of a penalty under clause (ii) if the penalty is imposed on the nursing facility for a deficiency that is found to result in a pattern of harm or widespread harm, immediately jeopardizes the health or safety of a resident or residents of the facility, or results in the death of a resident of the facility. ``(iv) Repeated noncompliance.--In the case of a nursing facility which, on three consecutive standard surveys conducted under subsection (g)(2), has been found as not meeting the minimum staffing requirements of clause (ii) of subsection (b)(4)(C) with respect to nursing facility services provided on or after January 1, 2022, the Secretary may (regardless of the remedies provided for under clause (i))-- ``(I) appoint temporary management to oversee the operation of the facility and to assure the health and safety of the facility's residents in accordance with clause (iii) of paragraph (3)(C), except that `the minimum staffing requirements of clause (ii) of subsection (b)(4)(C)' shall be substituted for `all the requirements of subsections (b), (c), and (d)' under such clause; ``(II) monitor the facility under subsection (g)(4)(B) with respect to such minimum staffing requirements until the facility has demonstrated to the satisfaction of the Secretary that the facility is in compliance, and will remain in compliance, with such minimum staffing requirements; or ``(III) subject to section 1128I(h), terminate the facility's participation under this title. If the facility's participation under this title is terminated under this clause, the State shall provide for the safe and orderly transfer of the residents eligible under this title, consistent with the requirements of subsection (c)(2) and section 1128I(h). ``(v) Public notice of violations.-- ``(I) Internet website.--The Secretary shall publish on the internet website of the Department of Health and Human Services the names of nursing facilities that have violated the minimum staffing requirements of clause (ii) of subsection (b)(4)(C) with respect to skilled nursing facility services provided on or after January 1, 2022. ``(II) Change of ownership.--With respect to a nursing facility whose name is published under subclause (I) and has a change of ownership, as determined by the Secretary, after the date of such publication, the Secretary shall remove the name of such facility from the website described under such subclause after the 1-year period beginning on the date of such change of ownership.''. (3) Conforming amendments.-- (A) Clause (iii) of section 1919(b)(4)(C) of the Social Security Act (42 U.S.C. 1396r(b)(4)(C)), as redesignated by paragraph (1)(B), is amended by striking ``subject to clause (iii)'' and inserting ``subject to clause (iv)''. (B) Item (a) of section 1919(f)(2)(B)(iii)(I) of the Social Security Act (42 U.S.C. 1396r(f)(2)(B)(iii)(I)) is amended by striking ``subsection (b)(4)(C)(ii)'' and inserting ``subsection (b)(4)(C)(iii)''. (C) Paragraph (9) of section 1919(f) of the Social Security Act (42 U.S.C. 1396r(f)) is amended by striking ``subsection (b)(4)(C)(ii)'' and inserting ``subsection (b)(4)(C)(iii)''. (c) Studies and Reports Regarding Impact of Minimum Nurse Staffing Requirements.-- (1) Initial study and report.-- (A) In general.--Not later than June 1, 2023, the Secretary of Health and Human Services shall study and submit to the Committee on Energy and Commerce and the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a publicly available report-- (i) on the impact of the minimum nurse staffing requirements added by subsection (a) on the reimbursement levels of skilled nursing facilities under the Medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) and the adequacy of personnel numbers in such skilled nursing facilities to meet such minimum nurse staffing requirements; (ii) on the impact of the minimum nurse staffing requirements added by subsection (b) on the reimbursement levels of nursing facilities under the Medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) and the adequacy of personnel numbers in such nursing facilities to meet such minimum nurse staffing requirements; and (iii) including recommendations on the steps that such skilled nursing facilities and nursing facilities can take to ensure that adequate personnel are available in such skilled nursing facilities and nursing facilities to meet the minimum nurse staffing requirements added by subsections (a) and (b) for such skilled nursing facilities and nursing facilities, respectively, including methods for attracting and retaining such personnel. (B) Considerations.--In conducting the study required under subparagraph (A), the Secretary of Health and Human Services shall take into consideration-- (i) the benefits of any increase in nurse staffing levels, including with respect to workforce training and retention; (ii) any decrease in the rate of workplace injuries; (iii) any changes in medical care costs for residents of skilled nursing facilities and nursing facilities; (iv) any decrease in hospitalization rates for such residents; (v) any changes in personnel and administrative costs for skilled nursing facilities and nursing facilities; and (vi) any changes in recruiting and training costs. (2) Subsequent study and report.--Not later than January 1, 2025, the Secretary of Health and Human Services shall conduct a follow-up study to the study conducted under paragraph (1)(A) and submit to the Committee on Energy and Commerce and the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a publicly available report on such follow-up study. SEC. 3. DISCLOSURE OF NURSE STAFFING LEVELS AT SKILLED NURSING FACILITIES UNDER MEDICARE PROGRAM AND NURSING FACILITIES UNDER MEDICAID PROGRAM. (a) Medicare.--Paragraph (8) of section 1819(b) of the Social Security Act (42 U.S.C. 1395i-3(b)) is amended to read as follows: ``(8) Information on nurse staffing.-- ``(A) In general.--Each day, a skilled nursing facility shall post for each shift notices with-- ``(i) a description of the nurse staffing requirements applicable with respect to the facility and day under paragraph (4)(C); ``(ii) information on the number of registered professional nurses, licensed practical nurses, and nurse aides (as defined in paragraph (5)(F)) assigned to provide direct care services to residents in the facility during the shift, disaggregated by units in the facility; and ``(iii) a statement that the facility is required, upon request, to provide any nurse staffing information (as described in this subparagraph) of the facility from the preceding 12-month period. The information in such notices shall be written in a uniform manner, printed in an easily readable 14-point type font, and made available in appropriate languages, as determined by the Secretary. The skilled nursing facility shall make such notices available at each nurses' station in the facility and other areas in each unit of the facility, as determined appropriate by the facility, and shall keep and maintain each such notice for at least three years after the date on which each such notice is posted in the facility. ``(B) Public availability of information.--A skilled nursing facility shall, upon request, make available to the public any nurse staffing information (as described in subparagraph (A)) of the facility from the preceding 12-month period. In the case that the facility makes such information available as a paper copy, such facility may not charge for such copy an amount greater than the cost of making such copy.''. (b) Medicaid.--Paragraph (8) of section 1919(b) of the Social Security Act (42 U.S.C. 1396r(b)) is amended to read as follows: ``(8) Information on nurse staffing.-- ``(A) In general.--Each day, a skilled nursing facility shall post for each shift notices with-- ``(i) a description of the nurse staffing requirements applicable with respect to the facility and day under paragraph (4)(C); ``(ii) information on the number of registered professional nurses, licensed practical nurses, and nurse aides (as defined in paragraph (5)(F)) assigned to provide direct care services to residents in the facility during the shift, disaggregated by units in the facility; and ``(iii) a statement that the facility is required, upon request, to provide any nurse staffing information (as described in this subparagraph) of the facility from the preceding 12-month period. The information in such notices shall be written in a uniform manner, printed in an easily readable 14-point type font, and made available in appropriate languages, as determined by the Secretary. The skilled nursing facility shall make such notices available at each nurses' station in the facility and other areas in each unit of the facility, as determined appropriate by the facility, and shall keep and maintain each such notice for at least three years after the date on which each such notice is posted in the facility. ``(B) Public availability of information.--A skilled nursing facility shall, upon request, make available to the public any nurse staffing information (as described in subparagraph (A)) of the facility from the preceding 12-month period.''. (c) Effective Date.--The amendments made by this section take effect on the date of enactment of this Act and apply with respect to nurse staffing information posted or requested on or after the date that is one year after such date of enactment. SEC. 4. ADMINISTRATIVE STAFFING REQUIREMENTS FOR SKILLED NURSING FACILITIES UNDER MEDICARE PROGRAM AND NURSING FACILITIES UNDER MEDICAID PROGRAM. (a) Medicare.--Paragraph (1) of section 1819(d) of the Social Security Act (42 U.S.C. 1395i-3(d)) is amended-- (1) by redesignating the second subparagraph (C) as subparagraph (E); and (2) by inserting after the first subparagraph (C) the following new subparagraph: ``(D) Nursing management personnel.-- ``(i) In general.--A skilled nursing facility must employ nursing management personnel in accordance with this subparagraph. ``(ii) Director of nursing services.--A skilled nursing facility must employ a registered professional nurse to serve full- time as the director of nursing services of the facility. Such director of nursing services shall be responsible for determining the number and types of nursing personnel needed to sufficiently meet the nursing needs of the residents of the facility (as required under subsection (b)(4)(C)). ``(iii) Assistant director of nursing services.--A skilled nursing facility must employ a registered professional nurse to serve full-time as the assistant director of nursing services of the facility, except that in the case of a skilled nursing facility that has fewer than 100 beds, such facility may employ a registered professional nurse to serve part- time as the assistant director of nursing services of the facility. A registered professional nurse who serves as the assistant director of nursing services of a skilled nursing facility may also serve as a supervisor for direct clinical nursing care for such facility. ``(iv) Director of in-service education.--A skilled nursing facility must employ a registered professional nurse to serve full- time as the director of in-service education of the facility, except that in the case of a skilled nursing facility that has fewer than 100 beds, such facility may employ a registered professional nurse to serve part-time as the director of in-service education of the facility. In carrying out the previous sentence, a skilled nursing facility must, to the extent practicable and appropriate, employ a registered professional nurse who has received training in adult education and gerontology.''. (b) Medicaid.-- (1) In general.--Paragraph (1) of section 1919(d) of the Social Security Act (42 U.S.C. 1396r(d)) is amended by inserting after subparagraph (C) the following new subparagraph: ``(D) Nursing management personnel.-- ``(i) In general.--A nursing facility must employ nursing management personnel in accordance with this subparagraph. ``(ii) Director of nursing services.--A nursing facility must employ a registered professional nurse to serve full-time as the director of nursing services of the facility. Such director of nursing services shall be responsible for determining the number and types of nursing personnel needed to sufficiently meet the nursing needs of the residents of the facility (as required under subsection (b)(4)(C)). ``(iii) Assistant director of nursing services.--A nursing facility must employ a registered professional nurse to serve full- time as the assistant director of nursing services of the facility, except that in the case of a nursing facility that has fewer than 100 beds, such facility may employ a registered professional nurse to serve part-time as the assistant director of nursing services of the facility. A registered professional nurse who serves as the assistant director of nursing services of a nursing facility may also serve as a supervisor for direct clinical nursing care for such facility. ``(iv) Director of in-service education.--A nursing facility must employ a registered professional nurse to serve full-time as the director of in-service education of the facility, except that in the case of a nursing facility that has fewer than 100 beds, such facility may employ a registered professional nurse to serve part-time as the director of in- service education of the facility. In carrying out the previous sentence, a nursing facility must, to the extent practicable and appropriate, employ a registered professional nurse who has received training in adult education and gerontology.''. (2) Technical amendment.--Paragraph (1) of section 1919(d) of the Social Security Act (42 U.S.C. 1396r(d)) is amended by redesignating subparagraph (V) as subparagraph (E). (c) Effective Date.--The amendments made by this section take effect on the date of enactment of this Act and apply with respect to the administration of skilled nursing facilities and nursing facilities on or after the date that is one year after such date of enactment. SEC. 5. NURSE TRAINING REQUIREMENTS WITH RESPECT TO SKILLED NURSING FACILITIES UNDER MEDICARE PROGRAM AND NURSING FACILITIES UNDER MEDICAID PROGRAM. (a) Medicare.-- (1) Orientation for registered professional nurses, licensed practical nurses, and nurse aides.--Section 1819(d) of the Social Security Act (42 U.S.C. 1395i-3(d)) is amended by adding at the end the following new paragraph: ``(5) Orientations.--A skilled nursing facility must provide to registered professional nurses, licensed practical nurses, and nurse aides, before such registered professional nurses, licensed practical nurses, and nurse aides are assigned to provide direct care services to residents in the facility, orientations providing education on the policies and emergency procedures of the facility and on residents' rights under this section.''. (2) Requirements for nurse aide training and competency evaluation programs and for nurse aide competency evaluation programs.--Subparagraph (A) of section 1819(f)(2) of the Social Security Act (42 U.S.C. 1395i-3(f)(2)) is amended-- (A) in the matter preceding clause (i), by inserting after ``1988'' the following: ``, and update, as determined necessary by the Secretary''; (B) in clause (i)-- (i) by inserting after ``care of cognitively impaired residents,'' the following: ``care of older adults,''; (ii) by striking ``patient abuse prevention training,'' and inserting ``patient abuse prevention training),''; and (iii) by striking ``75 hours'' and inserting ``120 hours''; and (C) in clause (ii)-- (i) by striking ``requirement relating to'' and inserting ``requirements relating to (I)''; (ii) by inserting after ``care of cognitively impaired residents,'' the following: ``care of older adults,''; and (iii) by striking ``and procedures'' and inserting ``(II) minimum hours of initial and ongoing training and retraining (including not less than 120 hours in the case of initial training), and (III) procedures''. (b) Medicaid.-- (1) Orientation for registered professional nurses, licensed practical nurses, and nurse aides.--Section 1919(d) of the Social Security Act (42 U.S.C. 1396r(d)) is amended by adding at the end the following new paragraph: ``(5) Orientations.--A nursing facility must provide to registered professional nurses, licensed practical nurses, and nurse aides, before such registered professional nurses, licensed practical nurses, and nurse aides are assigned to provide direct care services to residents in the facility, orientations providing education on the policies and emergency procedures of the facility and on residents' rights under this section.''. (2) Requirements for nurse aide training and competency evaluation programs and for nurse aide competency evaluation programs.--Subparagraph (A) of section 1919(f)(2) of the Social Security Act (42 U.S.C. 1396r(f)(2)) is amended-- (A) in the matter preceding clause (i), by inserting after ``1988'' the following: ``, and update, as determined necessary by the Secretary''; (B) in clause (i)-- (i) by inserting after ``care of cognitively impaired residents,'' the following: ``care of older adults,''; (ii) by striking ``patient abuse prevention training,'' and inserting ``patient abuse prevention training),''; and (iii) by striking ``75 hours'' and inserting ``120 hours''; and (C) in clause (ii)-- (i) by striking ``requirement relating to'' and inserting ``requirements relating to (I)''; (ii) by inserting after ``care of cognitively impaired residents,'' the following: ``care of older adults,''; and (iii) by striking ``and procedures'' and inserting ``(II) minimum hours of initial and ongoing training and retraining (including not less than 120 hours in the case of initial training), and (III) procedures''. (c) Effective Date.--The amendments made by this section take effect on the date of enactment of this Act and shall apply with respect to nurse aide training and competency evaluation programs, nurse aide competency evaluation programs, and nurse orientations conducted on or after the date that is one year after such date of enactment. SEC. 6. WHISTLEBLOWER AND RESIDENT PROTECTIONS. (a) Medicare.--Section 1819 of the Social Security Act (42 U.S.C. 1395i-3) is amended by adding at the end the following new subsection: ``(k) Whistleblower and Resident Protections.-- ``(1) Statement regarding professional obligation and rights.--All nurses employed by a skilled nursing facility have a duty and right to act based on their professional judgment in accordance with the nursing laws and regulations of the State in which such facility is located, to provide nursing care in the exclusive interests of the residents of the facility, and to act as the residents' advocate. ``(2) Objection to or refusal of work assignment.--A nurse may object to, or refuse to participate in, any activity, policy, practice, assignment, or task (referred to in this subsection as a `work assignment') if-- ``(A) the nurse reasonably believes such work assignment to be in violation of the minimum nurse staffing requirements of clause (ii) of subsection (b)(4)(C); or ``(B) the nurse reasonably believes that the nurse is not prepared by education, training, or experience to perform or comply with such work assignment without compromising the safety of a resident or jeopardizing the license of the nurse. ``(3) Retaliation for objection to or refusal of work assignment barred.-- ``(A) No discharge, discrimination, or retaliation.--No skilled nursing facility may discharge, retaliate, discriminate, or otherwise take adverse action in any manner with respect to any aspect of a nurse's employment with the facility, including discharge, promotion, compensation, or terms, conditions, or privileges of employment, based on the nurse's objection to, or refusal of, a work assignment under paragraph (2). ``(B) No filing of complaint.--No skilled nursing facility may file a complaint or a report against a nurse with a State professional disciplinary agency because of the nurse's objection to, or refusal of, a work assignment under paragraph (2). ``(4) Cause of action.--Any nurse (or a collective bargaining representative or legal representative of such nurse) against whom a skilled nursing facility has taken an adverse action in violation of paragraph (3)(A), or against whom such facility has filed a complaint or report in violation of paragraph (3)(B), may (without regard to whether a complaint has been filed under paragraph (5) or (10)(B)) bring a cause of action in an appropriate district court of the United States. The legal burdens of proof specified in section 1221(e) of title 5, United States Code, shall be controlling for the purposes of any cause of action brought under this paragraph. A nurse who prevails on the cause of action may be entitled to one or more of the following: ``(A) Reinstatement. ``(B) Reimbursement of lost wages, compensation, and benefits. ``(C) Attorneys' fees. ``(D) Court costs. ``(E) Other damages. ``(5) Complaint to secretary.--Any individual may file a complaint with the Secretary against a skilled nursing facility that violates a requirement described in paragraph (3). For any complaint filed, the Secretary shall-- ``(A) receive and investigate the complaint; ``(B) determine whether a violation of such paragraph, as alleged in the complaint, has occurred; and ``(C) in the case that the Secretary determines that such a violation has occurred, issue an order that the complaining individual may not suffer any adverse action prohibited by paragraph (3) or (7). ``(6) Toll-free telephone number.-- ``(A) In general.--The Secretary shall provide for the establishment of a toll-free telephone hotline to provide information regarding the minimum nurse staffing requirements of clause (ii) of subsection (b)(4)(C) and to receive reports of violations of such requirements. ``(B) Notice to residents.--A skilled nursing facility shall provide each resident admitted to the facility with the telephone number of the hotline described in subparagraph (A) and give notice to each such resident that such hotline may be used to report inadequate staffing. ``(7) Protection for reporting.-- ``(A) Prohibition on retaliation or discrimination.--A skilled nursing facility may not retaliate or discriminate in any manner against any resident, employee, or contract employee of the facility, or any other individual, on the basis that such resident, employee, contract employee, or individual (individually or in conjunction with another individual) has, in good faith-- ``(i) presented a grievance or complaint; ``(ii) initiated or cooperated in any investigation or proceeding of any governmental entity, regulatory agency, or private accreditation body; ``(iii) made a civil claim or demand; or ``(iv) filed an action relating to the care, services, or conditions of the facility. ``(B) Good faith defined.--For purposes of this paragraph, an individual shall be deemed to be acting in good faith if the individual reasonably believes-- ``(i) the information reported or disclosed is true; and ``(ii) a violation of the minimum nurse staffing requirements of clause (ii) of subsection (b)(4)(C) has occurred or may occur. ``(8) Prohibition on interference with rights.-- ``(A) Exercise of rights.--A skilled nursing facility may not-- ``(i) interfere with, restrain, or deny the exercise, or attempt to exercise, by any individual of any right, procedure, or remedy provided or protected under this subsection; or ``(ii) coerce or intimidate any individual regarding the exercise, or attempt to exercise, such right. ``(B) Opposition to unlawful policies or practices.--A skilled nursing facility may not retaliate or discriminate against any individual for opposing any policy, practice, or action of the facility which is alleged to violate, breach, or fail to comply with any provision of the minimum nurse staffing requirements of clause (ii) of subsection (b)(4)(C). ``(C) Prohibition on interference with protected communications.--A skilled nursing facility may not make, adopt, or enforce any rule, regulation, policy, or practice which in any manner directly or indirectly prohibits, impedes, or discourages a nurse from, or intimidates, coerces, or induces a nurse regarding, engaging in free speech activities or disclosing information as provided under this subsection. ``(D) Prohibition on interference with collective action.--A skilled nursing facility may not in any way interfere with the rights of nurses to organize, bargain collectively, and engage in concerted activity under section 7 of the National Labor Relations Act (29 U.S.C. 157). ``(9) Notice.--A skilled nursing facility shall post in an appropriate location in each unit a conspicuous notice, in a form specified by the Secretary, that-- ``(A) explains the rights of nurses, residents, and other individuals under this subsection; ``(B) includes a statement that a nurse, resident, or other individual may file a complaint with the Secretary against the facility for a violation of a requirement or a prohibition of this subsection; and ``(C) provides instructions on how to file such a complaint. ``(10) Enforcement.-- ``(A) In general.--The Secretary shall enforce the requirements and prohibitions of this subsection in accordance with this paragraph. ``(B) Procedures for receiving and investigating complaints.--The Secretary shall establish procedures under which-- ``(i) any individual may file a complaint alleging that a skilled nursing facility has violated a requirement or a prohibition of this subsection; and ``(ii) any such complaint shall be investigated by the Secretary. ``(C) Remedies.--If the Secretary determines that a skilled nursing facility has violated a requirement or prohibition of this subsection, the Secretary-- ``(i) shall require the facility to establish a corrective action plan to prevent the recurrence of such violation; and ``(ii) may impose civil money penalties as described in subparagraph (D). ``(D) Civil penalties.-- ``(i) In general.--In addition to any other penalties prescribed by law, the Secretary may impose civil penalties as follows: ``(I) Skilled nursing facility liability.--The Secretary may impose on a skilled nursing facility found to be in violation of this subsection a civil money penalty of-- ``(aa) not more than $25,000 for the first knowing violation of this subsection by such facility; and ``(bb) not more than $50,000 for any subsequent knowing violation of this subsection by such facility. ``(II) Individual liability.--The Secretary may impose on an individual who-- ``(aa) is employed by a skilled nursing facility; and ``(bb) is found by the Secretary to have knowingly violated this subsection on behalf of the facility, a civil money penalty of not more than $20,000 for each such violation by the individual. ``(ii) Procedures.--The provisions of section 1128A of the Social Security Act (other than subsections (a) and (b)) shall apply with respect to a civil money penalty or proceeding under this subparagraph in the same manner as such provisions apply with respect to a civil money penalty or proceeding under such section 1128A. ``(E) Public notice of violations.-- ``(i) Internet website.--The Secretary shall publish on the internet website of the Department of Health and Human Services the names of skilled nursing facilities on which a civil money penalty has been imposed under this subsection, the violation for which such penalty was imposed, and such additional information as the Secretary determines appropriate. ``(ii) Change of ownership.--With respect to a skilled nursing facility that had a change of ownership, as determined by the Secretary, penalties imposed on the facility while under previous ownership shall no longer be published by the Secretary pursuant to clause (i) after the 1-year period beginning on the date of such change of ownership. ``(F) Use of funds.--Funds collected by the Secretary pursuant to this subsection are authorized to be appropriated to implement the minimum nurse staffing requirements of clause (ii) of subsection (b)(4)(C). ``(11) Nurse defined.--In this subsection, the term `nurse' means a registered professional nurse, a licensed practical nurse, and a nurse aide.''. (b) Medicaid.--Section 1919 of the Social Security Act (42 U.S.C. 1396r) is amended by adding at the end the following new subsection: ``(k) Whistleblower and Resident Protections.-- ``(1) Statement regarding professional obligation and rights.--All nurses employed by a nursing facility have a duty and right to act based on their professional judgment in accordance with the nursing laws and regulations of the State in which such facility is located, to provide nursing care in the exclusive interests of the residents of the facility, and to act as the residents' advocate. ``(2) Objection to or refusal of work assignment.--A nurse may object to, or refuse to participate in, any activity, policy, practice, assignment, or task (referred to in this subsection as a `work assignment') if-- ``(A) the nurse reasonably believes such work assignment to be in violation of the minimum nurse staffing requirements of clause (ii) of subsection (b)(4)(C); or ``(B) the nurse reasonably believes that the nurse is not prepared by education, training, or experience to perform or comply with such work assignment without compromising the safety of a resident or jeopardizing the license of the nurse. ``(3) Retaliation for objection to or refusal of work assignment barred.-- ``(A) No discharge, discrimination, or retaliation.--No nursing facility may discharge, retaliate, discriminate, or otherwise take adverse action in any manner with respect to any aspect of a nurse's employment with the facility, including discharge, promotion, compensation, or terms, conditions, or privileges of employment, based on the nurse's objection to, or refusal of, a work assignment under paragraph (2). ``(B) No filing of complaint.--No nursing facility may file a complaint or a report against a nurse with a State professional disciplinary agency because of the nurse's objection to, or refusal of, a work assignment under paragraph (2). ``(4) Cause of action.--Any nurse (or a collective bargaining representative or legal representative of such nurse) against whom a nursing facility has taken an adverse action in violation of paragraph (3)(A), or against whom such facility has filed a complaint or report in violation of paragraph (3)(B), may (without regard to whether a complaint has been filed under paragraph (5) or (10)(B)) bring a cause of action in an appropriate district court of the United States. The legal burdens of proof specified in section 1221(e) of title 5, United States Code, shall be controlling for the purposes of any cause of action brought under this paragraph. A nurse who prevails on the cause of action may be entitled to one or more of the following: ``(A) Reinstatement. ``(B) Reimbursement of lost wages, compensation, and benefits. ``(C) Attorneys' fees. ``(D) Court costs. ``(E) Other damages. ``(5) Complaint to secretary.--Any individual may file a complaint with the Secretary against a nursing facility that violates a requirement described in paragraph (3). For any complaint filed, the Secretary shall-- ``(A) receive and investigate the complaint; ``(B) determine whether a violation of such paragraph, as alleged in the complaint, has occurred; and ``(C) in the case that the Secretary determines that such a violation has occurred, issue an order that the complaining individual may not suffer any adverse action prohibited by paragraph (3) or (7). ``(6) Toll-free telephone number.-- ``(A) In general.--The Secretary shall provide for the establishment of a toll-free telephone hotline to provide information regarding the minimum nurse staffing requirements of clause (ii) of subsection (b)(4)(C) and to receive reports of violations of such requirements. ``(B) Notice to residents.--A nursing facility shall provide each resident admitted to the facility with the telephone number of the hotline described in subparagraph (A) and give notice to each such resident that such hotline may be used to report inadequate staffing or care. ``(7) Protection for reporting.-- ``(A) Prohibition on retaliation or discrimination.--A nursing facility may not retaliate or discriminate in any manner against any resident, employee, or contract employee of the facility, or any other individual, on the basis that such resident, employee, contract employee, or individual (individually or in conjunction with another individual) has, in good faith-- ``(i) presented a grievance or complaint; ``(ii) initiated or cooperated in any investigation or proceeding of any governmental entity, regulatory agency, or private accreditation body; ``(iii) made a civil claim or demand; or ``(iv) filed an action relating to the care, services, or conditions of the facility. ``(B) Good faith defined.--For purposes of this paragraph, an individual shall be deemed to be acting in good faith if the individual reasonably believes-- ``(i) the information reported or disclosed is true; and ``(ii) a violation of the minimum nurse staffing requirements of clause (ii) of subsection (b)(4)(C) has occurred or may occur. ``(8) Prohibition on interference with rights.-- ``(A) Exercise of rights.--A nursing facility may not-- ``(i) interfere with, restrain, or deny the exercise, or attempt to exercise, by any individual of any right, procedure, or remedy provided or protected under this subsection; or ``(ii) coerce or intimidate any individual regarding the exercise, or attempt to exercise, such right. ``(B) Opposition to unlawful policies or practices.--A nursing facility may not retaliate or discriminate against any individual for opposing any policy, practice, or action of the facility which is alleged to violate, breach, or fail to comply with any provision of the minimum nurse staffing requirements of clause (ii) of subsection (b)(4)(C). ``(C) Prohibition on interference with protected communications.--A nursing facility may not make, adopt, or enforce any rule, regulation, policy, or practice which in any manner directly or indirectly prohibits, impedes, or discourages a nurse from, or intimidates, coerces, or induces a nurse regarding, engaging in free speech activities or disclosing information as provided under this subsection. ``(D) Prohibition on interference with collective action.--A nursing facility may not in any way interfere with the rights of nurses to organize, bargain collectively, and engage in concerted activity under section 7 of the National Labor Relations Act (29 U.S.C. 157). ``(9) Notice.--A nursing facility shall post in an appropriate location in each unit a conspicuous notice, in a form specified by the Secretary, that-- ``(A) explains the rights of nurses, residents, and other individuals under this subsection; ``(B) includes a statement that a nurse, resident, or other individual may file a complaint with the Secretary against the facility for a violation of a requirement or a prohibition of this subsection; and ``(C) provides instructions on how to file such a complaint. ``(10) Enforcement.-- ``(A) In general.--The Secretary shall enforce the requirements and prohibitions of this subsection in accordance with this paragraph. ``(B) Procedures for receiving and investigating complaints.--The Secretary shall establish procedures under which-- ``(i) any individual may file a complaint alleging that a nursing facility has violated a requirement or a prohibition of this subsection; and ``(ii) any such complaint shall be investigated by the Secretary. ``(C) Remedies.--If the Secretary determines that a nursing facility has violated a requirement or prohibition of this subsection, the Secretary-- ``(i) shall require the facility to establish a corrective action plan to prevent the recurrence of such violation; and ``(ii) may impose civil money penalties as described in subparagraph (D). ``(D) Civil penalties.-- ``(i) In general.--In addition to any other penalties prescribed by law, the Secretary may impose civil penalties as follows: ``(I) Nursing facility liability.-- The Secretary may impose on a nursing facility found to be in violation of this subsection a civil money penalty of-- ``(aa) not more than $25,000 for the first knowing violation of this subsection by such facility; and ``(bb) not more than $50,000 for any subsequent knowing violation of this subsection by such facility. ``(II) Individual liability.--The Secretary may impose on an individual who-- ``(aa) is employed by a nursing facility; and ``(bb) is found by the Secretary to have knowingly violated this subsection on behalf of the facility, a civil money penalty of not more than $20,000 for each such violation by the individual. ``(ii) Procedures.--The provisions of section 1128A of the Social Security Act (other than subsections (a) and (b)) shall apply with respect to a civil money penalty or proceeding under this subparagraph in the same manner as such provisions apply with respect to a civil money penalty or proceeding under such section 1128A. ``(E) Public notice of violations.-- ``(i) Internet website.--The Secretary shall publish on the internet website of the Department of Health and Human Services the names of nursing facilities on which a civil money penalty has been imposed under this subsection, the violation for which such penalty was imposed, and such additional information as the Secretary determines appropriate. ``(ii) Change of ownership.--With respect to a nursing facility that had a change of ownership, as determined by the Secretary, penalties imposed on the facility while under previous ownership shall no longer be published by the Secretary pursuant to clause (i) after the 1-year period beginning on the date of such change of ownership. ``(F) Use of funds.--Funds collected by the Secretary pursuant to this subsection are authorized to be appropriated to implement the minimum nurse staffing requirements of clause (ii) of subsection (b)(4)(C). ``(11) Nurse defined.--In this subsection, the term `nurse' means a registered professional nurse, a licensed practical nurse, and a nurse aide.''. (c) Effective Date.--The amendments made by this section take effect on the date of enactment of this Act and shall apply with respect to objections to or refusals of work assignments, complaints, retaliations and other adverse actions, and interferences with rights that occur on or after the date that is one year after such date of enactment and with respect to notices provided on or after the date that is one year after such date of enactment. SEC. 7. PROHIBITING PRE-DISPUTE ARBITRATION AGREEMENTS. (a) Medicare.--Section 1819(c) of the Social Security Act (42 U.S.C. 1395i-3(c)) is amended by adding at the end the following new paragraph: ``(7) Prohibition on use of pre-dispute arbitration agreements.-- ``(A) In general.--A skilled nursing facility may not require, solicit, accept, or move to enforce a pre- dispute arbitration agreement from or on behalf of any resident, whether the agreement is made before, during, or after the resident's admission to the facility, or from or on behalf of any employee, or contract employee of the facility, or any other individual if such individual is alleged to be engaged in conduct protected under subsection (k). ``(B) Application.--This paragraph shall apply to the skilled nursing facility and to any other business or person providing or responsible for providing skilled nursing services to the resident. ``(C) No validity or enforcement.--A pre-dispute arbitration agreement shall not be valid or specifically enforceable against a resident or former resident of a skilled nursing facility, without regard to whether the agreement was made prior to or after the effective date of this paragraph. ``(D) Definition of pre-dispute arbitration agreement.--In this paragraph, the term `pre-dispute arbitration agreement' means any agreement to arbitrate a dispute when the dispute has arisen after such agreement has been made. ``(E) Judicial review.--A determination as to whether and how this paragraph applies to an arbitration agreement shall be determined under Federal law by a court of competent jurisdiction, rather than an arbitrator, without regard to whether the party opposing arbitration challenges such agreement specifically or in conjunction with any other term of the contract containing such agreement.''. (b) Medicaid.-- (1) Home and community-based services and home health care services.--Section 1915 of the Social Security Act (42 U.S.C. 1396n) is amended by adding at the end the following new subsection: ``(m) Prohibiting Pre-Dispute Arbitration Agreements.-- ``(1) In general.--For home and community-based services or home health care services provided under a waiver under this section, section 1902(a)(10)(D), or any other provision authorizing the provision of home and community-based services or home health care services under this title, the provider of such services (and any employee, agent, related entity, or affiliate of such provider) shall not require, solicit, or accept a pre-dispute arbitration agreement from or on behalf of any individual receiving such services, whether the agreement is made before, during, or after the first date on which services are received, or from or on behalf of any employee, or contract employee of the provider, or any other individual if such individual is alleged to be engaged in conduct protected under section 1919(k). A pre-dispute arbitration agreement between such a provider (or entity or person) and an individual receiving services (or who formerly received services) shall not be valid or enforceable, without regard to whether such agreement was made prior to the effective date of this subsection. ``(2) Definition of pre-dispute arbitration agreement.--The term `pre-dispute arbitration agreement' means any agreement to arbitrate a dispute when the dispute has arisen after such agreement has been made. ``(3) Judicial review.--A determination as to whether and how this subsection applies to an arbitration agreement shall be determined under Federal law by a court of competent jurisdiction, rather than an arbitrator, without regard to whether the party opposing arbitration challenges such agreement specifically or in conjunction with any other term of the contract containing such agreement.''. (2) Nursing facilities.--Section 1919(c) of the Social Security Act (42 U.S.C. 1396r(c)) is amended by adding at the end the following new paragraph: ``(9) Prohibition on use of pre-dispute arbitration agreements.-- ``(A) In general.--A nursing facility may not require, solicit, accept, or move to enforce a pre- dispute arbitration agreement from or on behalf of any resident, whether the agreement is made before, during, or after the resident's admission to the facility, or from or on behalf of any employee, or contract employee of the facility, or any other individual if such individual is alleged to be engaged in conduct protected under subsection (k). ``(B) Application.--This paragraph shall apply to the nursing facility and to any other business or person providing or responsible for providing nursing services to the resident. ``(C) No validity or enforcement.--A pre-dispute arbitration agreement shall not be valid or specifically enforceable against a resident or former resident of a nursing facility, without regard to whether the agreement was made prior to or after the effective date of this paragraph. ``(D) Definition of pre-dispute arbitration agreement.--In this paragraph, the term `pre-dispute arbitration agreement' means any agreement to arbitrate a dispute when the dispute has arisen after such agreement has been made. ``(E) Judicial review.--A determination as to whether and how this paragraph applies to an arbitration agreement shall be determined under Federal law by a court of competent jurisdiction, rather than an arbitrator, without regard to whether the party opposing arbitration challenges such agreement specifically or in conjunction with any other term of the contract containing such agreement.''. SEC. 8. STANDARDIZED PROTOCOL FOR OBTAINING INFORMED CONSENT FROM RESIDENTS PRIOR TO PRESCRIBING PSYCHOTROPIC DRUGS. (a) Standardized Protocol.-- (1) Skilled nursing facilities.--Section 1819(b) of the Social Security Act (42 U.S.C. 1395i-3(b)) is amended by adding at the end the following new paragraph: ``(9) Standardized protocol for obtaining informed consent from a resident prior to prescribing psychotropic drugs for a use not approved by the food and drug administration.-- ``(A) Protocol.--Not later than the date that is one year after the date of the enactment of this paragraph, the Secretary, taking into account the results of the study conducted by the Comptroller General of the United States under section 8(a)(3) of the Quality Care for Nursing Home Residents Act and in consultation with stakeholder groups (including residents of skilled nursing facilities, family members of such residents, advocates for such residents, long- term care ombudsmen, and providers), shall develop a standardized protocol for skilled nursing facilities to obtain written informed consent, in accordance with this paragraph, from a resident (or, if applicable, the resident's designated health care agent or other surrogate under State law or regulation) prior to prescribing a psychotropic drug to the resident for a use not approved by the Food and Drug Administration. ``(B) Requirements.--The standardized protocol developed under subparagraph (A) shall include the following: ``(i) A requirement, with respect to a resident, that-- ``(I) the facility, with the involvement of the prescriber, inform the resident (or, if applicable, the resident's designated health care agent or other surrogate under State law or regulation) of-- ``(aa) possible side effects and risks associated with the psychotropic drug, including the mention of any `black box warning'; ``(bb) treatment modalities that were attempted prior to the use of the psychotropic drug; and ``(cc) any other information the Secretary determines appropriate; ``(II) the resident (or, if applicable, the resident's designated health care agent or other surrogate under State law or regulation) provide written informed consent to the administration of the psychotropic drug; and ``(III) the administration of the psychotropic drug is in accordance with any plan of care that the resident has in place, including non-pharmacological interventions as appropriate that can effectively address underlying medical and environmental causes of behavioral disorders. ``(ii) An alternative protocol for obtaining such written informed consent-- ``(I) in the case of emergencies; and ``(II) in the absence of a clearly identified designated health care agent or other surrogate under State law or regulation. ``(iii) Other items determined appropriate by the Secretary. ``(C) Timing of informed consent.--Under the standardized protocol, a skilled nursing facility shall obtain the written informed consent described in subparagraph (A), with respect to a psychotropic drug and a resident of the facility-- ``(i) prior to the initial prescribing of such psychotropic drug to such resident if such resident does not have a current prescription for such psychotropic drug at the time such resident is admitted to the facility; and ``(ii) at least once a month to the extent that the administration of such psychotropic drug to such resident is in accordance with the plan of care that the resident has in place. ``(D) Compliance.--Effective beginning on the date that is one year and 180 days after the date of the enactment of this paragraph, a skilled nursing facility shall comply with the standardized protocol developed under subparagraph (A). ``(E) No preemption.--Nothing in this paragraph shall preempt any provision of State or Federal law that provides broader rights with respect to written informed consent for residents of facilities.''. (2) Nursing facilities.--Section 1919(b) of the Social Security Act (42 U.S.C. 1396r(b)) is amended by adding at the end the following new paragraph: ``(9) Standardized protocol for obtaining informed consent from a resident prior to prescribing psychotropic drugs for a use not approved by the food and drug administration.-- ``(A) Protocol.--Not later than the date that is one year after the date of the enactment of this paragraph, the Secretary, taking into account the results of the study conducted by the Comptroller General of the United States under section 8(a)(3) of the Quality Care for Nursing Home Residents Act and in consultation with stakeholder groups (including residents of skilled nursing facilities, family members of such residents, advocates for such residents, long- term care ombudsmen, and providers), shall develop a standardized protocol for nursing facilities to obtain written informed consent, in accordance with this paragraph, from a resident (or, if applicable, the resident's designated health care agent or other surrogate under State law or regulation) prior to prescribing a psychotropic drug to the resident for a use not approved by the Food and Drug Administration. ``(B) Requirements.--The standardized protocol developed under subparagraph (A) shall include the following: ``(i) A requirement, with respect to a resident, that-- ``(I) the facility, with the involvement of the prescriber, inform the resident (or, if applicable, the resident's designated health care agent or other surrogate under State law or regulation) of-- ``(aa) possible side effects and risks associated with the psychotropic drug, including the mention of any `black box warning'; ``(bb) treatment modalities that were attempted prior to the use of the psychotropic drug; and ``(cc) any other information the Secretary determines appropriate; ``(II) the resident (or, if applicable, the resident's designated health care agent or other surrogate under State law or regulation) provide written informed consent to the administration of the psychotropic drug; and ``(III) the administration of the psychotropic drug is in accordance with any plan of care that the resident has in place, including non-pharmacological interventions as appropriate that can effectively address underlying medical and environmental causes of behavioral disorders. ``(ii) An alternative protocol for obtaining such written informed consent-- ``(I) in the case of emergencies; and ``(II) in the absence of a clearly identified designated health care agent or other surrogate under State law or regulation. ``(iii) Other items determined appropriate by the Secretary. ``(C) Timing of informed consent.--Under the standardized protocol, a nursing facility shall obtain the written informed consent described in subparagraph (A), with respect to a psychotropic drug and a resident of the facility-- ``(i) prior to the initial prescribing of such psychotropic drug to such resident if such resident does not have a current prescription for such psychotropic drug at the time such resident is admitted to the facility; and ``(ii) at least once a month to the extent that the administration of such psychotropic drug to such resident is in accordance with the plan of care that the resident has in place. ``(D) Compliance.--Effective beginning on the date that is one year and 180 days after the date of the enactment of this paragraph, a nursing facility shall comply with the standardized protocol developed under subparagraph (A). ``(E) No preemption.--Nothing in this paragraph shall preempt any provision of State or Federal law that provides broader rights with respect to written informed consent for residents of facilities.''. (3) GAO study and report on informed consent laws with respect to prescribing of psychotropic drugs.-- (A) Study.--The Comptroller General of the United States (in this paragraph referred to as the ``Comptroller General'') shall conduct a study of State laws and regulations concerning informed consent with respect to the administration of a psychotropic drug with regard to the effectiveness of such laws and practices in changing the frequency of prescribing of psychotropic drugs to older adults. The study shall include an analysis as to whether in the case of States that have not enacted such informed consent laws, such States have developed other mechanisms to guide appropriate prescribing of psychotropic drugs in older adults with dementia. (B) Report.--Not later than 180 days after the date of enactment of this Act, the Comptroller General shall submit to the Secretary of Health and Human Services, the Committees on Energy and Commerce and Ways and Means of the House of Representatives, and the Committee on Finance of the Senate a report containing the results of the study conducted under subparagraph (A), together with such recommendations as the Comptroller General determines appropriate. (b) Development of Measure of Utilization of Psychotropic Drugs for Inclusion on Nursing Home Compare Website.-- (1) Medicare.--Section 1819(i) of the Social Security Act (42 U.S.C. 1395i-3(i)) is amended-- (A) by redesignating paragraph (3) as paragraph (4); and (B) by inserting after paragraph (2) the following new paragraph: ``(3) Development of measure of utilization of psychotropic drugs.-- ``(A) In general.--Not later than the date that is one year after the date of the enactment of this paragraph, the Secretary shall include a measure of the utilization of psychotropic drugs for each skilled nursing facility for inclusion on such website (or a successor website) as part of the quality measures or health inspections measures, or both such measures, under the Five-Star Quality Rating System established by the Administrator of the Centers for Medicare & Medicaid Services. ``(B) Considerations.--In developing the measure under subparagraph (A), the Secretary shall take into account special patient populations, special care units, appropriate diagnoses, and other factors, as determined appropriate by the Secretary.''. (2) Medicaid.--Section 1919(i) of the Social Security Act (42 U.S.C. 1396r(i)) is amended-- (A) by redesignating paragraph (3) as paragraph (4); and (B) by inserting after paragraph (2) the following new paragraph: ``(3) Development of measure of utilization of psychotropic drugs.-- ``(A) In general.--Not later than the date that is one year after the date of the enactment of this paragraph, the Secretary shall include a measure of the utilization of psychotropic drugs for each nursing facility for inclusion on such website (or a successor website) as part of the quality measures or health inspections measures, or both such measures, under the Five-Star Quality Rating System established by the Administrator of the Centers for Medicare & Medicaid Services. ``(B) Considerations.--In developing the measure under subparagraph (A), the Secretary shall take into account special patient populations, special care units, appropriate diagnoses, and other factors, as determined appropriate by the Secretary.''. <all>

Quality Care for Nursing Home Residents Act

A bill to amend titles XVIII and XIX of the Social Security Act to ensure quality care for residents of skilled nursing facilities and nursing facilities, and for other purposes.

Quality Care for Nursing Home Residents Act

Sen. Blumenthal, Richard

D

CT

H.R.4715

Native Americans

Quapaw Tribal Landowner Settlement Act of 2021 This bill authorizes the Department of the Interior to make FY2021 payments to members of the Quapaw Tribe of Oklahoma in accordance with the January 2020 recommendation of the review panel of the U.S. Court of Federal Claims.

To authorize appropriations to the Secretary of the Interior to make payments to certain members of the Quapaw Tribe of Oklahoma in accordance with the recommendation of the United States Court of Federal Claims. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Quapaw Tribal Landowner Settlement Act of 2021''. SEC. 2. QUAPAW TRIBAL LANDOWNER SETTLEMENT. (a) Findings.--Congress finds that-- (1) on December 19, 2012, the House of Representatives passed H. Res. 668 (112th Congress), which referred H.R. 5862 (112th Congress), entitled ``A bill relating to members of the Quapaw Tribe of Oklahoma (O-Gah-Pah)'', to the chief judge of the United States Court of Federal Claims; (2) H. Res. 668 instructed the chief judge of the United States Court of Federal Claims to report back to the House of Representatives findings of fact and conclusions of law ``sufficient to inform the Congress of the nature, extent, and character of the Indian trust-related claims of the Quapaw Tribe of Oklahoma and its tribal members for compensation as legal or equitable claims against the United States''; (3) the claims referred to in paragraph (2) relate to the historical management by the Federal Government of the trust of the Tribe; (4) the hearing officer for the referral concluded in the report that ``it would be fair, just, and equitable to pay Claimants a total sum of $137,500,000'' for all claims asserted or those that could have been asserted under the terms of H.R. 5862; (5) following issuance of the report, each of the parties in the referral filed a notice responsive to Rules of the United States Court of Federal Claims and accepted the findings and recommendations of the United States Court of Federal Claims, without exceptions; and (6) the Review Panel of the United States Court of Federal Claims adopted the findings and conclusions of the hearing officer in the report, and on January 9, 2020, officially recommended to the House of Representatives that the claimants be awarded and paid a total sum of $137,500,000 for the extinguishment of all claims actually or potentially included in H.R. 5862. (b) Definitions.--In this section: (1) Claimant.--The term ``claimant'' means a claimant in the referral. (2) Referral.--The term ``referral'' means the Congressional reference case designated by the United States Court of Federal Claims as Thomas Charles Bear, et al. v. the United States (No. 13-51). (3) Report.--The term ``report'' means the report filed by the hearing officer for the referral on December 3, 2019. (4) Tribe.--The term ``Tribe'' means the Quapaw Tribe of Oklahoma. (c) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary of the Interior to pay the claimants in accordance with the recommendation of the Review Panel of the United States Court of Federal Claims submitted to the House of Representatives on January 9, 2020, $137,500,000 for fiscal year 2021, to remain available until expended. <all>

Quapaw Tribal Landowner Settlement Act of 2021

To authorize appropriations to the Secretary of the Interior to make payments to certain members of the Quapaw Tribe of Oklahoma in accordance with the recommendation of the United States Court of Federal Claims.

Quapaw Tribal Landowner Settlement Act of 2021

Rep. Mullin, Markwayne

R

OK

H.R.3296

Energy

This bill requires the Department of Energy to establish a pilot program to award grants to nonprofit organizations for energy-efficiency materials to install in nonprofit buildings.

To require the Secretary of Energy to establish an energy efficiency materials pilot 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. ENERGY EFFICIENCY MATERIALS PILOT PROGRAM. (a) Definitions.--In this section: (1) Applicant.--The term ``applicant'' means a nonprofit organization that applies for a grant under this section. (2) Energy efficiency material.-- (A) In general.--The term ``energy efficiency material'' means a material (including a product, equipment, or system) the installation of which results in a reduction in use of energy or fuel. (B) Inclusions.--The term ``energy efficiency material'' includes-- (i) a roof or lighting system or component of the system; (ii) a window; (iii) a door, including a security door; (iv) a heating, ventilation, or air conditioning system or component of the system (including insulation and wiring and plumbing improvements needed to serve a more efficient system); and (v) a renewable energy generation or heating system, including a solar, photovoltaic, wind, geothermal, or biomass (including wood pellet) system or component of the system. (3) Nonprofit building.-- (A) In general.--The term ``nonprofit building'' means a building operated and owned by a nonprofit organization. (B) Inclusions.--The term ``nonprofit building'' includes a building described in subparagraph (A) that is-- (i) a hospital; (ii) a youth center; (iii) a school; (iv) a social-welfare program facility; (v) a facility of a faith-based organization; or (vi) any other nonresidential and noncommercial structure. (4) Nonprofit organization.--The term ``nonprofit organization'' means an organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code. (5) Secretary.--The term ``Secretary'' means the Secretary of Energy. (b) Establishment.--Not later than 1 year after the date of enactment of this Act, the Secretary shall establish a pilot program to award grants to nonprofit organizations to purchase energy efficiency materials to install in nonprofit buildings. (c) Grants.-- (1) Application.--The Secretary may award a grant under the pilot program established under subsection (b) if an applicant submits to the Secretary an application at such time, in such form, and containing such information as the Secretary may prescribe. (2) Criteria for grant.--In determining whether to award a grant under the pilot program established under subsection (b), the Secretary shall apply performance-based criteria, which shall give priority to applicants based on-- (A) the energy savings expected to be achieved; (B) the cost-effectiveness of the use of the energy efficiency materials that are proposed to be purchased; (C) an effective plan for evaluation, measurement, and verification of energy savings; and (D) the financial need of the applicant. (3) Limitation on individual grant amount.--Each grant awarded under this section shall not exceed $200,000. (d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2022 through 2026, to remain available until expended. <all>

To require the Secretary of Energy to establish an energy efficiency materials pilot program, and for other purposes.

To require the Secretary of Energy to establish an energy efficiency materials pilot program, and for other purposes.

Official Titles - House of Representatives Official Title as Introduced To require the Secretary of Energy to establish an energy efficiency materials pilot program, and for other purposes.

Rep. Cartwright, Matt

D

PA

S.1293

Crime and Law Enforcement

Ending the Fentanyl Crisis Act of 2021 This bill modifies the drug quantity thresholds that trigger a mandatory minimum prison term for a defendant who manufactures, distributes, imports, exports, or possesses with intent to distribute fentanyl. Specifically, the bill reduces from 400 to 20 grams the fentanyl quantity and from 100 to 5 grams the fentanyl analogue quantity that trigger a mandatory minimum prison term for high-level first-time or repeat offenders. It also reduces from 40 to 2 grams the fentanyl quantity and from 10 to 0.5 grams the fentanyl analogue quantity that trigger a mandatory minimum prison term for low-level first-time or repeat offenders. Additionally, the bill directs the U.S. Postal Service to increase the availability of chemical screening devices and dedicate the appropriate number of personnel to interdict fentanyl and other substances that are unlawfully imported into the United States.

To amend the Controlled Substances Act and the Controlled Substances Import and Export Act to modify the offenses relating to fentanyl, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Ending the Fentanyl Crisis Act of 2021''. SEC. 2. CONTROLLED SUBSTANCES ACT AMENDMENTS. Section 401(b)(1) of the Controlled Substances Act (21 U.S.C. 841(b)(1)) is amended-- (1) in subparagraph (A)(vi)-- (A) by striking ``400'' and inserting ``20''; (B) by striking ``100'' and inserting ``5''; and (C) by inserting ``scheduled or unscheduled'' before ``analogue of''; and (2) in subparagraph (B)(vi)-- (A) by striking ``40'' and inserting ``2''; (B) by striking ``10'' and inserting ``0.5''; and (C) by inserting ``scheduled or unscheduled'' before ``analogue of''. SEC. 3. CONTROLLED SUBSTANCES IMPORT AND EXPORT ACT AMENDMENTS. Section 1010(b) of the Controlled Substances Import and Export Act (21 U.S.C. 960(b))-- (1) in paragraph (1)(F)-- (A) by striking ``400'' and inserting ``20''; (B) by striking ``100'' and inserting ``5''; and (C) by inserting ``scheduled or unscheduled'' before ``analogue of''; and (2) in paragraph (2)(F)-- (A) by striking ``40'' and inserting ``2''; (B) by striking ``10'' and inserting ``0.5''; and (C) by inserting ``scheduled or unscheduled'' before ``analogue of''. SEC. 4. DIRECTIVE TO THE SENTENCING COMMISSION. (a) Definition.--In this section, the term ``Commission'' means the United States Sentencing Commission. (b) Directive to the United States Sentencing Commission.--Pursuant to the authority of the Commission under section 994(p) of title 28, United States Code, and in accordance with this section, the Commission shall review and amend, if appropriate, the guidelines and policy statements of the Commission applicable to a person convicted of an offense under section 401 of the Controlled Substances Act (21 U.S.C. 841) or section 1010 of the Controlled Substances Import and Export Act (21 U.S.C. 960) to ensure that the guidelines and policy statements are consistent with the amendments made by sections 2 and 3 of this Act. (c) Emergency Authority.--The Commission shall-- (1) promulgate the guidelines, policy statements, or amendments provided for in this Act as soon as practicable, and in any event not later than 120 days after the date of enactment of this Act, in accordance with the procedure set forth in section 21(a) of the Sentencing Act of 1987 (28 U.S.C. 994 note), as though the authority under that Act had not expired; and (2) pursuant to the emergency authority provided under paragraph (1), make such conforming amendments to the Federal sentencing guidelines as the Commission determines necessary to achieve consistency with other guideline provisions and applicable law. SEC. 5. INTERDICTION OF FENTANYL, OTHER SYNTHETIC OPIOIDS, AND OTHER NARCOTICS AND PSYCHOACTIVE SUBSTANCES. (a) Definitions.--In this section-- (1) the term ``chemical screening device'' means an immunoassay, narcotics field test kit, infrared spectrophotometer, mass spectrometer, nuclear magnetic resonance spectrometer, Raman spectrophotometer, or other scientific instrumentation able to collect data that can be interpreted to determine the presence of fentanyl, other synthetic opioids, and other narcotics and psychoactive substances; (2) the term ``express consignment operator or carrier'' has the meaning given the term in section 128.1 of title 19, Code of Federal Regulations, or any successor thereto; and (3) the term ``Postmaster General'' means the Postmaster General of the United States Postal Service. (b) Interdiction of Fentanyl, Other Synthetic Opioids, and Other Narcotics and Psychoactive Substances.-- (1) Chemical screening devices.--The Postmaster General shall-- (A) increase the number of chemical screening devices that are available to the United States Postal Service; and (B) make additional chemical screening devices available to the United States Postal Service as the Postmaster General determines are necessary to interdict fentanyl, other synthetic opioids, and other narcotics and psychoactive substances that are illegally imported into the United States, including such substances that are imported through the mail or by an express consignment operator or carrier. (2) Personnel to interpret data.--The Postmaster General shall dedicate the appropriate number of personnel of the United States Postal Service, including scientists, so that those personnel are available during all operational hours to interpret data collected by chemical screening devices. (c) Authorization of Appropriations.--There is authorized to be appropriated to the Postmaster General $9,000,000 to ensure that the United States Postal Service has resources, including chemical screening devices, personnel, and scientists, available during all operational hours to prevent, detect, and interdict the unlawful importation of fentanyl, other synthetic opioids, and other narcotics and psychoactive substances. <all>

Ending the Fentanyl Crisis Act of 2021

A bill to amend the Controlled Substances Act and the Controlled Substances Import and Export Act to modify the offenses relating to fentanyl, and for other purposes.

Ending the Fentanyl Crisis Act of 2021

Sen. Kennedy, John

R

LA

H.R.80

Congress

John Tanner Fairness and Independence in Redistricting Act This bill establishes requirements regarding congressional redistricting, including that redistricting plans must be developed by an independent redistricting commission. A state that has been redistricted after an apportionment of Representatives may not be redistricted again until after the next apportionment, unless the state is ordered by a court to conduct a subsequent redistricting in order to comply with the Constitution or enforce the Voting Rights Act of 1965. Each state must establish an independent redistricting commission to develop redistricting plans that meet specified criteria. If such a plan is not enacted into law, a state's highest court may select a plan developed by the state's commission. If the state court does not select a plan, a U.S. district court must develop a plan. The Election Assistance Commission must make payments to states to carry out redistricting.

To prohibit States from carrying out more than one Congressional redistricting after a decennial census and apportionment, to require States to conduct such redistricting through independent commissions, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; FINDING OF CONSTITUTIONAL AUTHORITY. (a) Short Title.--This Act may be cited as the ``John Tanner Fairness and Independence in Redistricting Act''. (b) Finding.--Congress finds that it has the authority to establish the terms and conditions States must follow in carrying out Congressional redistricting after an apportionment of Members of the House of Representatives because-- (1) the authority granted to Congress under article I, section 4 of the Constitution of the United States gives Congress the power to enact laws governing the time, place, and manner of elections for Members of the House of Representatives; and (2) the authority granted to Congress under section 5 of the fourteenth amendment to the Constitution gives Congress the power to enact laws to enforce section 2 of such amendment, which requires Representatives to be apportioned among the several States according to their number. SEC. 2. LIMIT ON CONGRESSIONAL REDISTRICTING AFTER AN APPORTIONMENT. The Act entitled ``An Act for the relief of Doctor Ricardo Vallejo Samala and to provide for congressional redistricting'', approved December 14, 1967 (2 U.S.C. 2c), is amended by adding at the end the following: ``A State which has been redistricted in the manner provided by law after an apportionment under section 22(a) of the Act entitled `An Act to provide for the fifteenth and subsequent decennial censuses and to provide for an apportionment of Representatives in Congress', approved June 18, 1929 (2 U.S.C. 2a), may not be redistricted again until after the next apportionment of Representatives under such section, unless a court requires the State to conduct such subsequent redistricting to comply with the Constitution or to enforce the Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.).''. SEC. 3. REQUIRING REDISTRICTING TO BE CONDUCTED THROUGH PLAN OF INDEPENDENT STATE COMMISSION OR PLAN OF HIGHEST STATE COURT. (a) Use of Plan Required.-- (1) In general.--Notwithstanding any other provision of law, any Congressional redistricting conducted by a State shall be conducted in accordance with-- (A) the redistricting plan developed by the independent redistricting commission established in the State, in accordance with section 4; or (B) if the plan developed by such commission is not enacted into law, the redistricting plan selected by the highest court in the State or developed by a United States district court, in accordance with section 5. (2) Treatment of commissions established pursuant to laws enacted prior to enactment.--If Congressional redistricting in a State is conducted in accordance with a redistricting plan developed by a commission which was established in the State pursuant to a law enacted prior to the date of the enactment of this Act, the redistricting shall be deemed to meet the requirement of subparagraph (A) of paragraph (1). (3) Other criteria and procedures permitted.--Nothing in this Act or the amendments made by this Act may be construed to prohibit a State from conducting Congressional redistricting in accordance with such criteria and procedures as the State considers appropriate, to the extent that such criteria and procedures are consistent with the applicable requirements of this Act and the amendments made by this Act. (b) Conforming Amendment.--Section 22(c) of the Act entitled ``An Act to provide for the fifteenth and subsequent decennial censuses and to provide for an apportionment of Representatives in Congress'', approved June 18, 1929 (2 U.S.C. 2a(c)), is amended by striking ``in the manner provided by the law thereof'' and inserting: ``in the manner provided by the John Tanner Fairness and Independence in Redistricting Act''. SEC. 4. INDEPENDENT REDISTRICTING COMMISSION. (a) Administrative Matters.-- (1) Appointment of members.--Each State shall establish an independent redistricting commission composed of-- (A) a chair, who shall be appointed by majority vote of the other members of the commission; and (B) an equal number of members (but not fewer than one) from each of the following categories: (i) Members appointed by a member of the upper house of the State legislature who represents the political party with the greatest number of seats in that house. (ii) Members appointed by a member of the upper house of the State legislature who represents the political party with the second greatest number of seats in that house. (iii) Members appointed by a member of the lower house of the State legislature who represents the political party with the greatest number of seats in that house. (iv) Members appointed by a member of the lower house of the State legislature who represents the political party with the second greatest number of seats in that house. (2) Special rule for states with unicameral legislature.-- In the case of a State with a unicameral legislature, the independent redistricting commission established under this subsection shall be composed of-- (A) a chair, who shall be appointed by majority vote of the other members of the commission; and (B) an equal number of members (but not fewer than 2) from each of the following categories: (i) Members appointed by a member of the legislature who shall be selected by the chair of the Government Affairs Committee of the legislature to represent the State political party whose candidate for chief executive of the State received the greatest number of votes on average in the 3 most recent general elections for that office. (ii) Members appointed by a member of the legislature who shall be selected by the chair of the Government Affairs Committee of the legislature to represent the State political party whose candidate for chief executive of the State received the second greatest number of votes on average in the 3 most recent general elections for that office. (3) Eligibility.--An individual is eligible to serve as a member of an independent redistricting commission if-- (A) as of the date of appointment, the individual is registered to vote in elections for Federal office held in the State, and was registered to vote in the 2 most recent general elections for Federal office held in the State; (B) the individual did not hold public office or run as a candidate for election for public office, or serve as an employee of a political party or candidate for election for public office, at any time during the 4-year period ending on the December 31 preceding the date of appointment; and (C) the individual certifies that he or she will not run as a candidate for the office of Representative in the Congress until after the next apportionment of Representatives under section 22(a) of the Act entitled ``An Act to provide for the fifteenth and subsequent decennial censuses and to provide for an apportionment of Representatives in Congress'', approved June 18, 1929 (2 U.S.C. 2a). (4) Vacancy.--A vacancy in the commission shall be filled in the manner in which the original appointment was made. (5) Deadline.--Each State shall establish a commission under this section, and the members of the commission shall appoint the commission's chair, not later than the date on which the chief executive of a State receives the State apportionment notice. (6) Appointment of chair required prior to development of redistricting plan.--The commission may not take any action to develop a redistricting plan for the State under subsection (b) until the appointment of the commission's chair in accordance with paragraph (1)(E). (7) Requiring all meetings to be open to public.--The commission shall hold each of its meetings in public. (8) Internet site.--As soon as practicable after establishing the commission, the State shall establish and maintain a public internet site for the commission which meets the following requirements: (A) The site is updated continuously to provide advance notice of commission meetings and to otherwise provide timely information on the activities of the commission. (B) The site contains the most recent available information from the Bureau of the Census on voting-age population, voter registration, and voting in the State, including precinct-level and census tract-level data with respect to such information, as well as detailed maps reflecting such information. (C) The site includes interactive software to enable any individual to design a redistricting plan for the State on the basis of the information described in subparagraph (B), in accordance with the criteria described in subsection (b)(1). (D) The site permits any individual to submit a proposed redistricting plan to the commission, and to submit questions, comments, and other information with respect to the commission's activities. (b) Development of Redistricting Plan.-- (1) Criteria.--The independent redistricting commission of a State shall develop a redistricting plan for the State in accordance with the following criteria: (A) Adherence to the ``one person, one vote'' standard and other requirements imposed under the Constitution of the United States. (B) To the greatest extent mathematically possible, ensuring that the population of each Congressional district in the State does not vary from the population of any other Congressional district in the State (as determined on the basis of the total count of persons of the most recent decennial census conducted by the Bureau of the Census). (C) Consistency with any applicable requirements of the Voting Rights Act of 1965 and other Federal laws. (D) To the greatest extent practicable, the maintenance of the geographic continuity of the political subdivisions of the State which are included in the same Congressional district, in the following order of priority: (i) The continuity of counties or parishes. (ii) The continuity of municipalities. (iii) The continuity of neighborhoods (as determined on the basis of census tracts or other relevant information). (E) To the greatest extent practicable, maintaining compact districts (in accordance with such standards as the commission may establish). (F) Ensuring that districts are contiguous (except to the extent necessary to include any area which is surrounded by a body of water). (2) Factors prohibited from consideration.--In developing the redistricting plan for the State, the independent redistricting commission may not take into consideration any of the following factors, except to the extent necessary to comply with the Voting Rights Act of 1965: (A) The voting history of the population of a Congressional district, except that the commission may take such history into consideration to the extent necessary to comply with any State law which requires the establishment of competitive Congressional districts. (B) The political party affiliation of the population of a district. (C) The residence of incumbent Members of the House of Representatives in the State. (3) Solicitation of public input in development of plans.-- The commission shall solicit and take into consideration comments from the public in developing the redistricting plan for the State by holding meetings in representative geographic regions of the State at which members of the public may provide such input, and by otherwise soliciting input from the public (including redistricting plans developed by members of the public) through the commission internet site and other methods. (4) Public notice of plans prior to submission to legislature.--Not fewer than 7 days prior to submitting a redistricting plan to the legislature of the State under subsection (c)(1), the commission shall post on the commission internet site and cause to have published in newspapers of general circulation throughout the State a notice containing the following information: (A) A detailed version of the plan, including a map showing each Congressional district established under the plan and the voting age population by race of each such district. (B) A statement providing specific information on how the adoption of the plan would serve the public interest. (C) Any dissenting statements of any members of the commission who did not approve of the submission of the plan to the legislature. (c) Submission of Plans to Legislature.-- (1) In general.--At any time prior to the first November 1 which occurs after the chief executive of the State receives the State apportionment notice, the commission may submit redistricting plans developed by the commission under this section to the legislature of the State. (2) Consideration of plan by legislature.--After receiving any redistricting plan under paragraph (1), the legislature of a State may-- (A) approve the plan as submitted by the commission without amendment and forward the plan to the chief executive of the State; or (B) reject the plan. (3) Enactment of plan.-- (A) In general.--A redistricting plan developed by the commission shall be considered to be enacted into law only if the plan is forwarded to the chief executive of the State pursuant to paragraph (2)(A) and-- (i) the chief executive approves the plan as forwarded by the legislature without amendment; or (ii) the chief executive vetoes the plan and the legislature overrides the veto in accordance with the applicable law of the State, except that at no time may the plan be amended. (B) Special rule.--In the case of a State in which the chief executive is prohibited under State law from acting on a redistricting plan, a redistricting plan developed by the commission shall be considered to be enacted into law if-- (i) the plan is submitted to the legislature of the State; and (ii) the legislature approves the plan as submitted by the commission without amendment. (d) Requiring Majority Approval For Actions.--The independent redistricting commission of a State may not submit a redistricting plan to the State legislature, or take any other action, without the approval of at least a majority of its members given at a meeting at which at least a majority of its members are present. (e) Termination.-- (1) In general.--The independent redistricting commission of a State shall terminate on the day after the date of the first regularly scheduled general election for Federal office which occurs after the chief executive of the State receives the State apportionment notice. (2) Preservation of records.--The State shall ensure that the records of the independent redistricting commission are retained in the appropriate State archive in such manner as may be necessary to enable the State to respond to any civil action brought with respect to Congressional redistricting in the State. SEC. 5. SELECTION OF PLAN BY COURTS. (a) State Court.-- (1) Submission and selection of plan.--If a redistricting plan developed by the independent redistricting commission of a State is not enacted into law under section 4(c)(3) by the first November 1 which occurs after the chief executive of the State receives the State apportionment notice, the commission may submit redistricting plans developed by the commission in accordance with section 4 to the highest court of the State, which may select and publish one of the submitted plans to serve as the redistricting plan for the State. (2) No modification of plan permitted.--The highest court of a State may not modify any redistricting plan submitted under this subsection. (b) Federal Court.-- (1) Failure of state court to select plan.-- (A) Notice to court if plan not selected by state court.--If a State court to whom redistricting plans have been submitted under subsection (a) does not select a plan to serve as the redistricting plan for the State under such subsection on or before the first December 1 which occurs after the chief executive of the State receives the State apportionment notice, the State shall file a notice with the United States district court for the district in which the capital of the State is located. (B) Development and selection of plan by federal court.--Not later than 30 days after receiving a notice from a State under subparagraph (A), the court shall develop and publish a final redistricting plan for the State. (2) Failure of state to establish commission.-- (A) In general.--If a State does not establish an independent redistricting commission under section 4 by the first September 1 which occurs after the chief executive of the State receives the State apportionment notice-- (i) the State may not establish the commission; and (ii) the United States district court for the district in which the capital of the State is located shall develop and publish a final redistricting plan for the State not later than the first December 1 which occurs after the chief executive of the State receives the State apportionment notice. (B) Determination of failure to establish commission.--For purposes of subparagraph (A), a State shall be considered to have failed to establish an independent redistricting commission by the date referred to in such subparagraph if a chair of the commission has not been appointed on or before such date. (3) Criteria.--It is the sense of Congress that, in developing a redistricting plan for a State under this subsection, the district court should adhere to the same terms and conditions that applied to the development of the plan of the commission under section 4(b). (c) Access to Information and Records of Commission.--A court which is required to select, publish, or develop a redistricting plan for a State under this section shall have access to any information, data, software, or other records and material used by the independent redistricting commission of the State in carrying out its duties under this Act. SEC. 6. SPECIAL RULE FOR REDISTRICTING CONDUCTED UNDER ORDER OF FEDERAL COURT. If a Federal court requires a State to conduct redistricting subsequent to an apportionment of Representatives in the State in order to comply with the Constitution or to enforce the Voting Rights Act of 1965, sections 4 and 5 shall apply with respect to the redistricting, except that-- (1) the deadline for the establishment of the independent redistricting commission and the appointment of the commission's chair (as described in section 4(a)(5)) shall be the expiration of the 30-day period which begins on the date of the final order of the Federal court to conduct the redistricting; (2) the deadline for the submission of redistricting plans to the legislature by the commission, and the date of the termination of the commission (as described in section 4(c)(1) and section 4(e)) shall be the expiration of the 150-day period which begins on the date of the final order of the Federal court to conduct the redistricting; (3) the deadline for the selection and publication of the plan by the highest court of the State (as described in section 5(a)) shall be the expiration of the 180-day period which begins on the date of the final order of the Federal court to conduct the redistricting; and (4) the deadline for the selection and publication of the plan by the district court of the United States (as described in section 5(b)) shall be the expiration of the 210-day period which begins on the date of the final order of the Federal court to conduct the redistricting. SEC. 7. PAYMENTS TO STATES FOR CARRYING OUT REDISTRICTING. (a) Authorization of Payments.--Subject to subsection (d), not later than 30 days after a State receives a State apportionment notice, the Election Assistance Commission shall make a payment to the State in an amount equal to the product of-- (1) the number of Representatives to which the State is entitled, as provided under the notice; and (2) $150,000. (b) Use of Funds.--A State shall use the payment made under this section to establish and operate the State's independent redistricting commission, to implement the State redistricting plan, and to otherwise carry out Congressional redistricting in the State. (c) No Payment to States With Single Member.--The Election Assistance Commission shall not make a payment under this section to any State which is not entitled to more than one Representative under its State apportionment notice. (d) Requiring Establishment of Commission as Condition of Payment.--The Election Assistance Commission may not make a payment to a State under this section until the State certifies to the Commission that the State has established an independent redistricting commission, and that a chair of the commission has been appointed, in accordance with section 4. (e) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary for payments under this section. SEC. 8. STATE APPORTIONMENT NOTICE DEFINED. In this Act, the ``State apportionment notice'' means, with respect to a State, the notice sent to the State from the Clerk of the House of Representatives under section 22(b) of the Act entitled ``An Act to provide for the fifteenth and subsequent decennial censuses and to provide for an apportionment of Representatives in Congress'', approved June 18, 1929 (2 U.S.C. 2a), of the number of Representatives to which the State is entitled. SEC. 9. NO EFFECT ON ELECTIONS FOR STATE AND LOCAL OFFICE. Nothing in this Act or in any amendment made by this Act may be construed to affect the manner in which a State carries out elections for State or local office, including the process by which a State establishes the districts used in such elections. SEC. 10. EFFECTIVE DATE. This Act and the amendments made by this Act shall apply with respect to any Congressional redistricting which occurs after the regular decennial census conducted during 2020. <all>

John Tanner Fairness and Independence in Redistricting Act

To prohibit States from carrying out more than one Congressional redistricting after a decennial census and apportionment, to require States to conduct such redistricting through independent commissions, and for other purposes.

John Tanner Fairness and Independence in Redistricting Act

Rep. Cooper, Jim

D

TN

S.3236

Science, Technology, Communications

Reforming Broadband Connectivity Act of 2021 This bill requires the Federal Communications Commission (FCC) to make changes to the financing of the Universal Service Fund. This fund, which is financed by fees contributed by telecommunications carriers, supports programs to expand the availability of and access to telecommunications services. Specifically, the bill directs the FCC to (1) study the need for expanding the fund's contribution base to ensure fairness and equity in applicable contribution requirements, and (2) reform the fund's contribution system through rulemaking. In carrying out the rulemaking, the FCC must consider the findings and recommendations of its study and the impact of changes on consumers, businesses, and seniors.

To require the Federal Communications Commission to reform the contribution system of the Universal Service 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 ``Reforming Broadband Connectivity Act of 2021''. SEC. 2. STUDY AND REPORT. Not later than 120 days after the date of enactment of this Act, the Federal Communications Commission (referred to in this Act as the ``Commission'') shall-- (1) conduct a study assessing the need to expand the contribution base of the Universal Service Fund to ensure that the contribution requirement under section 254(d) of the Communications Act of 1934 (47 U.S.C. 254(d)) is imposed fairly and equitably; and (2) submit to Congress a report on the results of the study conducted under paragraph (1). SEC. 3. UNIVERSAL SERVICE FUND CONTRIBUTION SYSTEM REFORM. (a) In General.--Not later than 1 year after the date of enactment of this Act, the Commission shall complete a rulemaking to reform the contribution system of the Universal Service Fund, including by expanding the contribution base of the Universal Service Fund. (b) Considerations.--In conducting the rulemaking required under subsection (a), the Commission shall consider-- (1) the relative equities and burdens of the proposed changes to the contribution system of the Universal Service Fund with respect to consumers and businesses; (2) the impact of the proposed changes to the contribution system of the Universal Service Fund on seniors; and (3) the findings and recommendations in the report submitted under section 2(2). <all>

Reforming Broadband Connectivity Act of 2021

A bill to require the Federal Communications Commission to reform the contribution system of the Universal Service Fund, and for other purposes.

Reforming Broadband Connectivity Act of 2021

Sen. Klobuchar, Amy

D

MN

H.R.4795

Sports and Recreation

National Foundation on Fitness, Sports, & Nutrition Act or the NFFSN Act This bill permits the National Foundation on Fitness, Sports, and Nutrition to receive federal funds upon meeting grant eligibility requirements and revises procedures for the appointment of board members. The board shall consist of at least nine members and may amend the bylaws of the foundation to increase the number of members.

To amend the National Foundation on Fitness, Sports, and Nutrition Establishment Act of 2010 to permit the Foundation to receive Federal funds, revise the procedures for the appointment of members of the Board of the National Foundation on Fitness, Sports, and Nutrition, and other purposes. Be it enacted by the Senate 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 Foundation on Fitness, Sports, & Nutrition Act'' or the ``NFFSN Act''. SEC. 2. ESTABLISHMENT AND PURPOSE OF FOUNDATION. (a) Funding and Support Services.--Section 2 of the National Foundation on Fitness, Sports, and Nutrition Establishment Act (36 U.S.C. 20101 note) is amended-- (1) by amending subsection (c) to read as follows: ``(c) Federal Grants.--The Foundation may be eligible for a federal grant if the Foundation meets the eligibility requirements for the grant.''; and (2) by adding at the end the following: ``(d) Funding.--To the extent permitted by law and subject to the availability of funds, the Secretary of Health and Human Services may provide funding, facilities, utilities, and other administrative support services to the Foundation.''. (b) Board of Directors.-- (1) Board composition.--Section 3(a) of such Act (36 U.S.C. 20101 note) is amended-- (A) by striking ``Establishment and Membership'' and inserting ``Establishment and Composition''; (B) by striking ``The Foundation shall have a governing Board of Directors (hereinafter referred to in this Act as the `Board'), which shall consist of 9 members each of whom shall be a United States citizen and--'' and inserting: ``(1) In general.--The Foundation shall have a governing Board of Directors (hereinafter referred to in this Act as the `Board'), each of whom shall be a United States citizen and-- ''; (C) in paragraph (1), by striking ``3 of whom'' and inserting ``at least 3 of whom''; (D) in paragraph (2), by striking ``6 of whom'' and inserting ``at least 6 of whom''; (E) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; (F) by striking ``The membership of the Board'' and inserting: ``(2) Membership.--The membership of the Board''; and (G) by adding at the end the following: ``(3) Number of members.--The Board shall consist of at least 9 members and the Board may amend the bylaws of the Foundation to increase the number of members of the Board.''. (2) Board appointments.--Section 3(b) of such Act (36 U.S.C. 20101 note) is amended to read as follows: ``(b) Appointments.--Members of the Board shall be appointed by the Board by majority approval.''. (3) Board terms.--Section 3(c) of such Act (36 U.S.C. 20101 note) is amended by striking ``in the same manner in which the original appointment was made'' and inserting ``in the manner required by subsection (b)''. (4) Board salary.--Section 3(h)(1) of such Act (36 U.S.C. 20101 note) is amended by striking the second sentence. (c) Protection of Trademarks.--Section 5(a) of such Act (36 U.S.C. 20101 note) is amended by striking ``may be provided only by the Foundation with the concurrence of the Secretary or the Secretary's designee'' and inserting ``may be provided only by the Foundation''. SEC. 3. EFFECTIVE DATE. (a) In General.--The amendments made by this Act shall take effect on the date of the enactment of this Act. (b) Board Appointment Rule.--The amendments made to sections 3(b) and 3(c) of the National Foundation on Fitness, Sports, and Nutrition Establishment Act (36 U.S.C. 20101 note) by this Act shall apply to all vacancies on the Board of Directors of the National Foundation of Fitness, Sport, and Nutrition and expirations of a Board member's term occurring on or after the date of enactment of this Act. <all>

NFFSN Act

To amend the National Foundation on Fitness, Sports, and Nutrition Establishment Act of 2010 to permit the Foundation to receive Federal funds, revise the procedures for the appointment of members of the Board of the National Foundation on Fitness, Sports, and Nutrition, and other purposes.

NFFSN Act National Foundation on Fitness, Sports, & Nutrition Act

Rep. Bustos, Cheri

D

IL

H.R.8909

Education

Simplified Joint Consolidation Separation Act This bill establishes a process for separation of joint consolidation loans. Specifically, the bill allows the two borrowers of a joint consolidation loan for their federal student loan debt to jointly request that the Department of Education or loan holder separate their existing joint consolidated loan into two individual consolidation loans. One borrower may request separation of the joint consolidation loan into two individual consolidation loans in the event that the individual has experienced domestic or economic abuse from the other individual borrower or is subject to a decree or agreement requiring the separation of such joint loans and obligations.

To establish a process for separating joint consolidation loans to ensure timely relief for borrowers. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Simplified Joint Consolidation Separation Act''. SEC. 2. AUTHORIZATION OF GUIDANCE TO SEPARATE JOINT CONSOLIDATION LOANS. Section 428C of the Higher Education Act of 1965 (20 U.S.C. 1078-3) is amended-- (1) in subsection (a)(3)(B)(i)-- (A) by striking ``and'' at the end of subclause (IV); (B) by striking the period at the end of subclause (V) and inserting ``; and''; and (C) by adding at the end the following: ``(VI) separation of a joint consolidation loan into individual consolidation loans in accordance with subsection (g) shall not be considered receipt of a consolidation loan for purposes of this clause, and an individual's status as an eligible borrower shall not change solely as a result of such a separation.''; and (2) by adding at the end the following: ``(g) Secretary Guidance on Joint Consolidation Loans.-- ``(1) In general.-- ``(A) Authorization.--Notwithstanding section 421(d), a married couple, or two individuals who were previously married and received a joint consolidation loan under subsection (a)(3)(C) (as such subsection was in effect on June 30, 2006), may jointly request the Secretary or holder, in accordance with paragraph (2), to separate the existing joint consolidation loan into two individual consolidation loans. ``(B) Eligibility for borrowers in default.--A married couple, or two individuals who were previously a married couple, who received a joint consolidation loan described in subparagraph (A) and are in default on such joint consolidation loan may both be eligible for separation of such joint consolidation loan into two individual consolidation loans in accordance with this subsection. ``(C) Eligibility for individual requests.-- ``(i) Circumstances allowing for separate application.--An individual who is one of the parties who received a joint consolidation loan described in subparagraph (A) may, separately and without regard to whether or when the other individual borrower who received such joint consolidation loan applies under subparagraph (A), request separation of such joint consolidation loan into two individual consolidation loans in accordance with this subsection in a case in which the requesting individual borrower certifies to the Secretary that such borrower-- ``(I) has experienced an act of domestic violence from the other individual borrower; ``(II) has experienced an act of economic abuse from the other individual borrower; or ``(III) is subject to a divorce decree, court order, or settlement agreement requiring the separation of joint loans and obligations. ``(ii) Obligation from separate application.--In the case of a joint consolidation loan that is separated upon request of an individual borrower due to one or more circumstances described in clause (i), the other non-applying individual borrower shall be liable for the outstanding balance of the individual consolidation loan of such borrower in the same manner as if both borrowers of the joint consolidation loan had applied for such separation. ``(2) Secretarial and holder requirements.--Notwithstanding subsection (a)(3)(A) or any other provision of law, the Secretary or holder may separate the joint consolidation loan for eligible borrowers who meet the eligibility requirements specified in paragraph (1). The two separate individual consolidation loans shall-- ``(A) be for an amount equal to the product of-- ``(i) the unpaid principal and accrued unpaid interest of the joint consolidation loan (as of the date that is the day before separation of the joint consolidation loan) and any outstanding charges and fees with respect to such loan; and ``(ii) the percentage of the joint consolidation loan attributable to the loans of the individual borrower for whom such separate consolidation loan is being separated, as determined-- ``(I) on the basis of the loan obligations of such borrower with respect to such joint consolidation loan (as of the date such joint consolidation loan was made); or ``(II) in the case in which both borrowers request, on the basis of proportions requested by the borrowers, outlined in a divorce decree, court order, or settlement agreement; ``(B) have the same rate of interest as the joint consolidation loan (as of the date that is the day before separation of the joint consolidation loan); and ``(C) not be considered new loans, shall be deemed to have been made on the date such joint consolidation loan was made, and shall have the same terms and conditions as other consolidation loans made under this part on such date.''. <all>

Simplified Joint Consolidation Separation Act

To establish a process for separating joint consolidation loans to ensure timely relief for borrowers.

Simplified Joint Consolidation Separation Act

Rep. Foxx, Virginia

R

NC

S.1015

Energy

Interregional Transmission Planning Improvement Act of 2021 This bill requires the Federal Energy Regulatory Commission to issue a rule to evaluate the effectiveness of planning processes for projects concerning electric energy transmission across regions. The rule must address (1) the effectiveness of existing planning processes for identifying interregional transmission projects that provide economic, reliability, operational, and public policy benefits, including reductions in carbon emissions; (2) changes to such processes to ensure that efficient, cost-effective, and broadly beneficial transmission solutions are selected for cost allocation; and (3) cost allocation methodologies that reflect the multiple benefits provided by interregional solutions.

To require the Federal Energy Regulatory Commission to initiate a rulemaking to reform the interregional transmission planning process, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Interregional Transmission Planning Improvement Act of 2021''. SEC. 2. RULEMAKING TO INCREASE THE EFFECTIVENESS OF INTERREGIONAL TRANSMISSION PLANNING. (a) In General.--Not later than 180 days after the date of enactment of this Act, the Federal Energy Regulatory Commission shall initiate a rulemaking addressing-- (1) the effectiveness of existing planning processes for identifying interregional transmission projects that provide economic, reliability, operational, public policy, and environmental benefits (including reductions in carbon emissions), taking into consideration the public interest, the integrity of markets, and the protection of consumers; (2) changes to the processes described in paragraph (1) to ensure that efficient, cost-effective, and broadly beneficial interregional transmission solutions are selected for cost allocation, taking into consideration-- (A) the public interest; (B) the integrity of markets; (C) the protection of consumers; (D) the broad range of economic, reliability, operational, public policy, and environmental benefits that interregional transmission provides, including reductions in carbon emissions; (E) the need for single projects to secure approvals based on a comprehensive assessment of the multiple benefits provided; (F) that projects that meet interregional benefit criteria should not be subject to subsequent reassessment by transmission planning authorities; (G) the importance of synchronization of planning processes in neighboring regions, such as using a joint model on a consistent timeline with a single set of needs, input assumptions, and benefit metrics; (H) that evaluation of long-term scenarios should align with the expected life of a transmission asset; (I) that transmission planning authorities should allow for the identification and joint evaluation of alternatives proposed by stakeholders; (J) that interregional planning should be done regularly and not less frequently than once every 3 years; and (K) the elimination of arbitrary project voltage, size, or cost requirements for interregional solutions; and (3) cost allocation methodologies that reflect the multiple benefits provided by interregional transmission solutions, including economic, reliability, operational, public policy, and environmental benefits (including reductions in carbon emissions). (b) Timing.--Not later than 18 months after the date of enactment of this Act, the Federal Energy Regulatory Commission shall promulgate a final rule to complete the rulemaking initiated under subsection (a). <all>

Interregional Transmission Planning Improvement Act of 2021

A bill to require the Federal Energy Regulatory Commission to initiate a rulemaking to reform the interregional transmission planning process, and for other purposes.

Interregional Transmission Planning Improvement Act of 2021

Sen. Heinrich, Martin

D

NM

H.R.6169

Armed Forces and National Security

This bill requires the Department of Defense (DOD) to establish a framework to consolidate the information regarding risks to the defense supply chain to enable department-wide risk assessments and support the development of strategies to mitigate such risks. The framework required by the bill may be included as a part of the framework developed pursuant to recommendations provided under section five of Executive Order 14017 (86 Fed. Reg. 11849), which relates to U.S. supply chains. After the framework is established, DOD must regularly issue guidance on mitigating risks to the defense supply chain.

To direct the Secretary of Defense to establish a framework relating to risks to the defense supply chain, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. DEFENSE SUPPLY CHAIN RISK ASSESSMENT FRAMEWORK. (a) In General.--Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall establish a framework, which may be included as part of a framework developed under section 2509 of title 10, United States Code, and pursuant to recommendations provided under section 5 of Executive Order 14017 (86 Fed. Reg. 11849, relating to America's supply chains), to consolidate the information relating to risks to the defense supply chain that is collected by the elements of the Department of Defense to-- (1) enable Department-wide risk assessments of the defense supply chain; and (2) support the development of strategies to mitigate risks to the defense supply chain. (b) Framework Requirements.--The framework established under subsection (a) shall-- (1) provide for the collection, management, and storage of data from the supply chain risk management processes of the Department of Defense; (2) provide for the collection of reports on supply chain risk management from the military departments and Defense Agencies, and the dissemination of such reports to the components of the military departments and Defense Agencies involved in the management of supply chain risk; (3) enable all elements of the Department to analyze the information collected by such framework to identify risks to the defense supply chain; (4) enable the Department to-- (A) assess the capabilities of foreign adversaries (as defined in section 8(c) of the Secure and Trusted Communications Networks Act of 2019 (47 U.S.C. 1607(c))) to affect the defense supply chain; (B) analyze the ability of the industrial base of the United States to meet the needs of the defense supply chain; (C) track global technology trends that could affect the defense supply chain, as determined by the Secretary of Defense; and (D) assess the risks posed by emerging threats to the defense supply chain; (5) support the identification of technology in which the Department may invest to reduce risks to the defense supply chain, including by improving the resilience of the defense supply; and (6) provide for-- (A) a map of the supply chains for major end items that supports analysis, monitoring, and reporting with respect to high-risk subcontractors and risks to such supply chain; and (B) the use of a covered application described in subsection (c) in the creation of such map to assess risks to the supply chain for major end items by business sector, vendor, program, part, or technology. (c) Covered Application Described.--The covered application described in this subsection is a covered application that includes the following elements: (1) A centralized database that consolidates multiple disparate data sources into a single repository to ensure the consistent availability of data. (2) Centralized reporting to allow for efficient mitigation and remediation of identified supply chain vulnerabilities. (3) Broad interoperability with other software and systems to ensure support for the analytical capabilities of users across the Department. (4) Scalable technology to support multiple users, access controls for security, and functionality designed for information-sharing and collaboration. (d) Guidance.--Not later than 180 days after the framework required under subsection (a) is established, and regularly thereafter, the Secretary of Defense shall issue guidance on mitigating risks to the defense supply chain. (e) Reports.-- (1) Progress report.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the progress of establishing the framework as required under subsection (a). (2) Final report.--Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report describing the framework established under subsection (a) and the organizational structure to manage and oversee the framework. (f) Definitions.--In this section: (1) Covered application.--The term ``covered application'' means a software-as-a-service application that uses decision science, commercial data, and machine learning techniques. (2) Defense agency; military department.--The terms ``Defense Agency'' and ``military department'' have the meanings given such terms in section 101 of title 10, United States Code. (3) High-risk subcontractors.--The term ``high-risk subcontractor'' means a subcontractor at any tier that supplies major end items for the Department of Defense. (4) Major end item.--The term ``major end item'' means an item subject to a unique item-level traceability requirement at any time in the life cycle of such item under Department of Defense Instruction 8320.04, titled ``Item Unique Identification (IUID) Standards for Tangible Personal Property'' and dated September 3, 2015, or any successor instruction. <all>

To direct the Secretary of Defense to establish a framework relating to risks to the defense supply chain, and for other purposes.

To direct the Secretary of Defense to establish a framework relating to risks to the defense supply chain, and for other purposes.

Official Titles - House of Representatives Official Title as Introduced To direct the Secretary of Defense to establish a framework relating to risks to the defense supply chain, and for other purposes.

Rep. Slotkin, Elissa

D

MI

H.R.4327

Crime and Law Enforcement

Protect American Trade Secrets Act of 2021 This bill explicitly grants extraterritorial jurisdiction over civil claims for conduct involving trade secret theft occurring outside the United States and impacting U.S. commerce, including conduct by an offender who is (1) not a U.S. person or lawful U.S. resident, or (2) a foreign organization.

To amend title 18, United States Code, to allow an owner of a trade secret redress of the theft of trade secrets extraterritorially, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Protect American Trade Secrets Act of 2021''. SEC. 2. REDRESS OF THEFT OF TRADE SECRETS EXTRATERRITORIALLY. Section 1836 of title 18, United States Code, is amended by adding at the end the following new subsection: ``(e) Applicability to Conduct Outside United States.-- Notwithstanding any other provision of law, this section shall apply to conduct occurring outside the United States and impacting United States commerce, including conduct by an offender who is-- ``(1) not a United States person or an alien lawfully admitted for permanent residence into the United States; or ``(2) an organization which is created or organized under the laws of a foreign government or which has its principal place of business located outside of the United States.''. <all>

Protect American Trade Secrets Act of 2021

To amend title 18, United States Code, to allow an owner of a trade secret redress of the theft of trade secrets extraterritorially, and for other purposes.

Protect American Trade Secrets Act of 2021

Rep. Obernolte, Jay

R

CA

S.4924

International Affairs

Preventing Underhanded and Nefarious Iranian Supported Homicides Act of 2022 or the PUNISH Act of 2022 This bill extends sanctions and national emergencies related to Iran established by specified executive orders and limits the authority of the President to waive sanctions related to Iran. The bill requires the Department of State to periodically report whether Iran or any foreign person has supported specified activities, including murder or politically motivated detention in Iran of a U.S. citizen.

To continue in effect certain Executive orders imposing sanctions with respect to Iran, to prevent the waiver of certain sanctions imposed by the United States with respect to Iran until the Government of Iran ceases to attempt to assassinate United States officials, other United States citizens, and Iranian nationals residing in the United States, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Preventing Underhanded and Nefarious Iranian Supported Homicides Act of 2022'' or the ``PUNISH Act of 2022''. SEC. 2. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Armed Services, the Committee on Foreign Relations, the Committee on Appropriations, and the Select Committee on Intelligence of the Senate; and (B) the Committee on Armed Services, the Committee on Foreign Affairs, the Committee on Appropriations, and the Permanent Select Committee on Intelligence of the House of Representatives. (2) Covered executive order.--The term ``covered Executive order'' means any of the following: (A) Executive Order 13871 (50 U.S.C. 1701 note; relating to imposing sanctions with respect to the iron, steel, aluminum, and copper sectors of Iran), as in effect on May 10, 2019. (B) Executive Order 13876 (50 U.S.C. 1701 note; relating to imposing sanctions with respect to Iran), as in effect on June 24, 2019. (C) Executive Order 13902 (50 U.S.C. 1701 note; relating to imposing sanctions with respect to additional sectors of Iran), as in effect on January 10, 2020. (D) Executive Order 13949 (50 U.S.C. 1701 note; relating to blocking property of certain persons with respect to the conventional arms activities of Iran), as in effect on September 21, 2020. (3) Covered provision of law.--The term ``covered provision of law'' means any of the following: (A) This Act. (B) Each covered Executive order. (C) The Iran Sanctions Act of 1996 (Public Law 104- 172; 50 U.S.C. 1701 note). (D) The Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8501 et seq.). (E) Section 1245 of the National Defense Authorization Act for Fiscal Year 2012 (22 U.S.C. 8513a). (F) The Iran Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C. 8701 et seq.). (G) The Iran Freedom and Counter-Proliferation Act of 2012 (22 U.S.C. 8801 et seq.). (H) Title I of the Countering America's Adversaries Through Sanctions Act (22 U.S.C. 9401 et seq.). (I) The International Emergency Economic Powers Act (50 U.S.C. 1701 et seq). (4) Government of iran.--The term ``Government of Iran'' includes-- (A) any agency or instrumentality of the Government of Iran; and (B) any person owned or controlled by that Government. SEC. 3. CONTINUATION IN EFFECT OF CERTAIN EXECUTIVE ORDERS IMPOSING SANCTIONS WITH RESPECT TO IRAN. (a) In General.--Each covered Executive order shall remain in effect and continue to apply, and may not be modified, until the termination date described in section 10. (b) Continuation in Effect of Sanctions Designations.--With respect to each person designated for the imposition of sanctions pursuant to a covered Executive order before the date of the enactment of this Act, the designation of the person, and sanctions applicable to the person pursuant to the designation, shall remain in effect and continue to apply, and may not be modified, until the termination date described in section 10. (c) 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 at the end an appendix setting forth the text of each covered Executive order. SEC. 4. CONTINUATION IN EFFECT OF NATIONAL EMERGENCIES DECLARED WITH RESPECT TO IRAN. (a) In General.--Notwithstanding subsection (a)(2) or (d) of section 202 of the National Emergencies Act (50 U.S.C. 1622), the national emergencies specified in subsection (b) shall remain in effect and continue to apply, and may not be modified, until the termination date described in section 10. (b) National Emergencies Specified.--The national emergencies specified in this subsection are the following national emergencies declared with respect to Iran: (1) The national emergency declared by Executive Order 12170 (50 U.S.C. 1701 note; relating to blocking Iranian Government property) and most recently continued by the Notice of the President issued November 9, 2021 (86 Fed. Reg. 62,709). (2) The national emergency declared by Executive Order 12957 (50 U.S.C. 1701 note; relating to prohibiting certain transactions with respect to the development of Iranian petroleum resources) and most recently continued by the Notice of the President issued March 3, 2022 (87 Fed. Reg. 12,555). SEC. 5. CONTINUATION IN EFFECT OF SANCTIONS WITH RESPECT TO THE CENTRAL BANK OF IRAN, THE NATIONAL DEVELOPMENT FUND OF IRAN, THE ETEMAD TEJARTE PARS COMPANY, THE NATIONAL IRANIAN OIL COMPANY, AND THE NATIONAL IRANIAN TANKER COMPANY UNDER EXECUTIVE ORDER 13224. With respect to each Iranian person designated on January 1, 2021, for the imposition of sanctions under Executive Order 13224 (50 U.S.C. 1701 note; relating to blocking property and prohibiting transactions with persons who commit, threaten to commit, or support terrorism), as in effect on September 9, 2019, the designation of the person, and sanctions applicable to the person pursuant to the designation, shall remain in effect and continue to apply, and may not be modified, until the termination date described in section 10. SEC. 6. CONTINUATION IN EFFECT OF FOREIGN TERRORIST ORGANIZATION DESIGNATION OF THE ISLAMIC REVOLUTIONARY GUARD CORPS. The designation of the Islamic Revolutionary Guard Corps as a foreign terrorist organization under section 219 of the Immigration and Nationality Act (8 U.S.C. 1189), and sanctions applicable to the Islamic Revolutionary Guard Corps pursuant to that designation, shall remain in effect and continue to apply, and may not be modified, until the termination date described in section 10. SEC. 7. PROHIBITION ON SANCTIONS RELIEF FOR IRANIAN FINANCIAL INSTITUTIONS, INCLUDING WITH RESPECT TO PETROLEUM PURCHASES FROM IRAN. Section 1245(d) of the National Defense Authorization Act for Fiscal Year 2012 (22 U.S.C. 8513a(d)) is amended by striking paragraph (4) and inserting the following: ``(4) Limitation on authority.--The President may not exercise the authority under paragraph (5) to waive the imposition of sanctions under paragraph (1), or issue any license to authorize the purchase of petroleum or petroleum products from Iran, unless the determination set forth in the most recent report submitted under subsection (a) of section 9 of the Preventing Underhanded and Nefarious Iranian Supported Homicides Act of 2022 was a determination that the Government of Iran has not engaged in any of activities described in subsection (b) of that section during the 5-year period preceding submission of the report.''. SEC. 8. LIMITATION ON WAIVER, SUSPENSION, OR REDUCTION OF SANCTIONS WITH RESPECT TO IRAN. The President may not waive, suspend, reduce, provide relief from, or otherwise limit the application of sanctions imposed pursuant to any covered provision of law unless, in addition to the requirements for a waiver under that provision of law, the determination set forth in the most recent report submitted under subsection (a) of section 9 was a determination that the Government of Iran has not engaged in any of activities described in subsection (b) of that section during the 5- year period preceding submission of the report. SEC. 9. DETERMINATION ON THE CESSATION OF IRANIAN-SPONSORED ASSASSINATIONS OR ATTEMPTED ASSASSINATIONS OF UNITED STATES CITIZENS AND IRANIAN RESIDENTS OF THE UNITED STATES. (a) Determination Required.--Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter, the Secretary of State, in consultation with the Secretary of Defense, the Director of National Intelligence, and the Secretary of the Treasury, shall submit to the appropriate congressional committees a report setting forth a determination of whether the Government of Iran or any foreign person (including any foreign financial institution) has directly or indirectly ordered, controlled, directed, or otherwise supported (including through the use of Iranian agents or affiliates of the Government of Iran, including Hezbollah, Hamas, Kata'ib Hezbollah, Palestinian Islamic Jihad, or any other entity determined to be such an agent or affiliate) any of the activities described in subsection (b) during the 5-year period preceding submission of the report. (b) Activities Described.--The activities described in this subsection are-- (1) the murder, attempted murder, assault, or other use or threat to use violence against-- (A) any current or former official of the Government of the United States, wherever located; (B) any United States citizen or alien lawfully admitted for permanent residence in the United States, wherever located; or (C) any Iranian national residing in the United States; or (2) the politically motivated intimidation, abuse, extortion, or detention or trial-- (A) in Iran, of a United States citizen or alien lawfully admitted for permanent residence in the United States; or (B) outside of Iran, of an Iranian national or resident or individual of Iranian origin. SEC. 10. TERMINATION DATE. The termination date described in this section is the date that is 30 days after the date on which the President submits to Congress the certification described in section 401(a) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8551(a)). <all>

PUNISH Act of 2022

A bill to continue in effect certain Executive orders imposing sanctions with respect to Iran, to prevent the waiver of certain sanctions imposed by the United States with respect to Iran until the Government of Iran ceases to attempt to assassinate United States officials, other United States citizens, and Iranian nationals residing in the United States, and for other purposes.

PUNISH Act of 2022 Preventing Underhanded and Nefarious Iranian Supported Homicides Act of 2022

Sen. Ernst, Joni

R

IA

S.5057

Commerce

504 Loan Availability Act This bill temporarily combines the funding authorization for loans and refinancing loans under the Small Business Administration 504 loan program. The 504 loan program provides financing for major fixed assets through community-based Certified Development Companies (CDCs).

To amend the Small Business Investment Act of 1958 to modify fees and funding for certain small business refinancing loans and loans to qualified State or local development companies, and for other purposes. Be it enacted by the Senate 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 Loan Availability Act''. SEC. 2. MODIFICATIONS TO FEES AND FUNDING FOR CERTAIN SMALL BUSINESS REFINANCING LOANS AND LOANS TO QUALIFIED STATE OR LOCAL DEVELOPMENT COMPANIES. Title V of the Small Business Investment Act of 1958 (15 U.S.C. 695 et seq.) is amended-- (1) in section 502(7)(C) (15 U.S.C. 696(7)(C))-- (A) in clause (ii)-- (i) in subclause (I), by adding ``and'' at the end; (ii) in subclause (II), by striking ``; and'' and inserting a period; and (iii) by striking subclause (III); and (B) in clause (v), by striking ``a total of $7,500,000,000 of financing'' and inserting ``the total amount described in section 511 in financing''; and (2) by adding at the end the following: ``SEC. 511. MAXIMUM FUNDING LEVEL. ``The Administrator may provide not more than a total, in the aggregate, of $15,000,000,000 for each fiscal year of financing to guarantee loans under section 503 and loans authorized under section 502(7)(C).''. SEC. 3. SUNSET. Effective on October 1, 2025, title V of the Small Business Investment Act of 1958 (15 U.S.C. 695 et seq.) is amended-- (1) in section 502(7)(C) (15 U.S.C. 696(7)(C)), by striking clause (v); and (2) by striking section 511, as added by section 2 of this Act. <all>

504 Loan Availability Act

A bill to amend the Small Business Investment Act of 1958 to modify fees and funding for certain small business refinancing loans and loans to qualified State or local development companies, and for other purposes.

504 Loan Availability Act

Sen. Coons, Christopher A.

D

DE

H.R.4510

Health

Health Enterprise Zones Act of 2021 This bill provides for the designation of Health Enterprise Zones in certain geographic areas with documented and measurable health disparities. This designation, which expires 10 fiscal years after the bill's enactment, confers eligibility for certain grants, student loan repayment programs, and tax credits for those working to reduce health disparities and improve health outcomes in these zones. Specifically, community-based nonprofits or local government agencies, in coalition with health care providers, social service organizations, and others, may apply to the Department of Health and Human Services (HHS) for the designation. The application must include a plan to reduce health disparities and achieve other outcomes. In implementing the program, HHS must consult with, among others, the Department of Housing and Urban Development. When approving applications, HHS shall consider factors including geographic diversity and the commitment of supporting funds from the private sector. HHS (1) may award grants to organizations or agencies that applied for the designation to support activities aligned with their plans, and (2) must carry out a student loan repayment program for health care providers who agree to provide services in a Health Enterprise Zone. In addition, the bill establishes tax credits for employers that hire, and individuals who work as, Health Enterprise Zone workers.

To provide for the designation of areas as Health Enterprise Zones to reduce health disparities and improve health outcomes in such areas, and for other 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 ``Health Enterprise Zones Act of 2021''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Designation of Health Enterprise Zones. Sec. 3. Consultation. Sec. 4. Tax incentives. Sec. 5. Grants. Sec. 6. Student loan repayment program. Sec. 7. 10-percent increase of payment for items and services payable under Medicare Part B furnished in Health Enterprise Zones. Sec. 8. Reporting. Sec. 9. Definitions. Sec. 10. Authorization of appropriations. SEC. 2. DESIGNATION OF HEALTH ENTERPRISE ZONES. (a) Designation.-- (1) In general.--Not later than 18 months after the date of enactment of this Act, the Secretary shall, pursuant to applications submitted under subsection (c), designate areas as Health Enterprise Zones to reduce health disparities and improve health outcomes in such areas. (2) Eligibility of area.--To be designated as a Health Enterprise Zone under this section, an area must-- (A) be a contiguous geographic area in one census tract or ZIP Code; (B) have measurable and documented racial, ethnic, or geographic health disparities and poor health outcomes, demonstrated by-- (i) average income below 150 percent of the Federal poverty line; (ii) a rate of participation in the special supplemental nutrition program under section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786) that is higher than the national average rate of participation in such program; and (iii) lower life expectancy than the national average; (iv) a higher percentage of instances of low birth weight than the national average; or (v) designation under section 332 of the Public Health Service Act (42 U.S.C. 254e) as a health professional shortage area; and (C) are part of a Metropolitan Statistical Area or Micropolitan Statistical Area identified by the Office of Management and Budget. (b) Solicitation of Applications.--The Secretary shall-- (1) not later than 12 months after the date of enactment of this Act, solicit applications under subsection (c); and (2) publish on the website of the Department of Health and Human Services-- (A) the names of all applicants, together with the names of each applicant's coalition partners; and (B) a description of all areas proposed to be designated as Health Enterprise Zones. (c) Submission of Applications.--To seek the designation of an area as a Health Enterprise Zone, a community-based nonprofit organization or local governmental agency, in coalition with an array of health care providers, hospitals, nonprofit community health clinics, health centers, social service organizations, and other related organizations shall submit an application to the Secretary. (d) Contents.--An application under subsection (c) shall-- (1) include an effective and sustainable plan with respect to the area proposed for designation-- (A) to reduce health disparities; (B) to reduce the costs of, or to produce savings to, the health care system; (C) to improve health outcomes; and (D) to utilize one or more of the incentives established pursuant to sections 4, 5, 6, and 7 to address health care provider capacity, improve health services delivery, effectuate community improvements, or conduct outreach and education efforts; and (2) identify specific diseases or indicators of health for improvement of health outcomes in such area, including at least one of the following: cardiovascular disease, asthma, diabetes, dental health, behavioral health, maternal and birth health, sexually transmitted infections, and obesity. (e) Considerations.--The Secretary-- (1) shall consider geographic diversity, among other factors, in selecting areas for designation as Health Enterprise Zones; and (2) may conduct outreach efforts to encourage a geographically diverse pool of applicants, including for designating Health Enterprise Zones in rural areas. (f) Priority.--In selecting areas for designation as Health Enterprise Zones, the Secretary shall give higher priority to applications based on the extent to which they demonstrate the following: (1) Support from, and participation of, key stakeholders in the public and private sectors in the area proposed for designation, including residents and local governments of such area. (2) A plan for long-term funding and sustainability. (3) Supporting funds from the private sector. (4) Integration with any applicable State health improvement process or plan. (5) A plan for evaluation of the impact of designation of such area as a Health Enterprise Zone. (6) A plan to utilize existing State tax credits, grants, or other incentives to reduce health disparities and improve health outcomes in the proposed Health Enterprise Zone. (7) Such other factors as the Secretary determines are appropriate to demonstrate a commitment to reduce health disparities and improve health outcomes in such area. (g) Period of Designation.--The designation under this section of any area as a Health Enterprise Zone shall expire at the end of the period of 10 fiscal years following the enactment of this Act. SEC. 3. CONSULTATION. The Secretary shall carry out this Act in consultation with-- (1) the Secretary of Housing and Urban Development; and (2) the Deputy Assistant Secretary for Minority Health. SEC. 4. TAX INCENTIVES. (a) Work Opportunity Credit for Hiring Health Enterprise Zone Workers.-- (1) In general.--Section 51(d)(1) of the Internal Revenue Code of 1986 is amended by striking ``or'' at the end of subparagraph (I), by striking the period at the end of subparagraph (J) and inserting ``, or'', and by adding at the end the following new subparagraph: ``(K) a qualified Health Enterprise Zone worker, to the extent that the qualified first-year wages with respect to such worker are paid for qualified Health Enterprise Zone work.''. (2) Qualified health enterprise zone worker.--Section 51(d) of such Code is amended by adding at the end the following new paragraphs: ``(16) Qualified health enterprise zone worker.--The term `qualified Health Enterprise Zone worker' means any individual who is certified by the designated local agency as having (as of the hiring date) a principal place of employment within a Health Enterprise Zone (as such term is defined in section 9 of the Health Enterprise Zones Act of 2021). ``(17) Qualified health enterprise zone work.--The term `qualified Health Enterprise Zone work' means employment by a Health Enterprise Zone practitioner (as such term is defined in section 9 of the Health Enterprise Zones Act of 2021), the primary official duties of which promote access to healthcare in a Health Enterprise Zone (as such term is defined in section 9 of the Health Enterprise Zones Act of 2021).''. (3) Effective date.--The amendments made by this section shall apply to amounts paid or incurred after the date of the enactment of this Act to individuals who begin work for the employer after such date. (b) Credit for Health Enterprise Zone Workers.-- (1) In general.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 25D the following new section: ``SEC. 25E. CREDIT FOR QUALIFIED HEALTH ENTERPRISE ZONE WORKERS. ``(a) Allowance of Credit.--In the case of a qualified Health Enterprise Zone worker, there shall be allowed as a credit against the tax imposed by this chapter for a taxable year an amount equal to 40% of wages received for qualified Health Enterprise Zone work. ``(b) Definitions.--For purposes of this section-- ``(1) The term `qualified Health Enterprise Zone worker' means, with respect to wages, an individual whose principal place of employment while earning such wages is within a Health Enterprise Zone (as such term is defined in section 9 of the Health Enterprise Zones Act of 2021). ``(2) The term `qualified Health Enterprise Zone work' has the meaning given such term in section 51.''. (2) Clerical amendment.--The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 25D the following new item: ``Sec. 25E. Credit for qualified Health Enterprise Zone workers.''. (3) Effective date.--The amendments made by this section shall apply to amounts paid or incurred after the date of the enactment of this Act. SEC. 5. GRANTS. (a) Authorization.--For each area designated under section 2 as a Health Enterprise Zone, the Secretary may award a grant to the community-based nonprofit organization or local governmental agency that applied for such designation to support such applicant and its coalition partners in reducing health disparities and improving health outcomes in such area. (b) Use of Funds.--Programs and activities funded through a grant under this section shall be consistent with the grantee's plan submitted pursuant to section 2(d)(1) and may include the following: (1) Subgrants to health care practitioners.-- (A) In general.--For the purpose of improving or expanding the delivery of health care in the respective Health Enterprise Zone, the grantee may award subgrants to Health Enterprise Zone practitioners to defray costs related to innovative strategies listed in paragraph (2). (B) Eligibility.--To be eligible to receive a subgrant pursuant to subparagraph (A), a Health Enterprise Zone practitioner shall-- (i) own or lease a health care facility in the Health Enterprise Zone; or (ii) provide health care in such a facility. (C) Amount.--The amount of a subgrant under subparagraph (A) may not exceed the lesser of-- (i) $5,000,000; or (ii) 50 percent of the costs of the equipment, or capital or leasehold improvements, to be defrayed using the subgrant to implement innovative strategies listed in paragraph (2). (2) Innovative strategies.--A grantee (or subgrantee) may use a grant received under this section (or a subgrant received under paragraph (1)) to implement innovative public health strategies in the respective Health Enterprise Zone, which strategies may include-- (A) internships and volunteer opportunities for students who reside in the Health Enterprise Zone; (B) funding resources to improve health care provider capacity to serve non-English speakers; (C) operation of medical, mental and behavioral health, and dental mobile clinics; (D) provision of transportation to and from medical appointments for patients; (E) funding resources to improve access to healthy food, recreation, and high-quality housing; (F) capital or leasehold improvements to a health care facility in the respective Health Enterprise Zone; and (G) medical or dental equipment to be used in such a facility. SEC. 6. STUDENT LOAN REPAYMENT PROGRAM. (a) In General.--The Secretary shall carry out a loan repayment program under which the Secretary enters into agreements with eligible Health Enterprise Zone practitioners to make payments on the principal and interest of the eligible educational loans of such practitioners for each year such practitioners agree to provide health care services in a Health Enterprise Zone. (b) Limitations.--In entering into loan repayment agreements under this section, the Secretary may not agree to-- (1) make payments for more than 10 years with respect to a practitioner; or (2) pay more than $10,000 per year, or more than a total of $100,000, with respect to a practitioner. (c) Ineligibility for Double Benefits.--No borrower may, for the same service, receive a reduction of loan obligations or a loan repayment under both-- (1) this section; and (2) any federally supported loan forgiveness program, including under section 338B, 338I, or 846 of this Act, or section 428J, 428L, 455(m), or 460 of the Higher Education Act of 1965. (d) Definitions.--In this section: (1) The term ``eligible educational loan'' means any federally funded or guaranteed student loan as determined appropriate by the Secretary in coordination with the Secretary of Education. (2) The term ``eligible Health Enterprise Zone practitioner'' means a Health Enterprise Zone practitioner who agrees-- (A) to provide health care services in a Health Enterprise Zone for a specified period that is not less than one year; and (B) has one or more eligible educational loans. SEC. 7. 10-PERCENT INCREASE OF PAYMENT FOR ITEMS AND SERVICES PAYABLE UNDER MEDICARE PART B FURNISHED IN HEALTH ENTERPRISE ZONES. Section 1833(a) of the Social Security Act (42 U.S.C.1395l(a)) is amended by inserting before the period at the end the following: ``. With respect to items and services payable under this part that are furnished in a Health Enterprise Zone (as defined in section 9 of the Health Enterprise Zones Act of 2021) during the period beginning on the first day an area is designated a Health Enterprise Zone under section 2(a)(1) of such Act and ending on the last day of the fiscal year that is 10 fiscal years following the enactment of this Act, the payment rates otherwise established for such items and services shall be increased by 10 percent. The cost-sharing requirements (if any) applicable to an item or service described in the preceding sentence furnished to an individual shall be calculated as if such preceding sentence did not apply''. SEC. 8. REPORTING. (a) In General.--Not later than the end of each fiscal year in the period of 10 fiscal years following the date of enactment of this Act, the Secretary shall submit to the Congress a report on the implementation of this Act and the results thereof. (b) Contents.--Each report under subsection (a) shall-- (1) specify the number and types of incentives provided pursuant to this Act in each Health Enterprise Zone designated under section 2; (2) include evidence of the extent to which the incentives utilized by each Health Enterprise Zone have succeeded-- (A) in attracting health care practitioners to practice in Health Enterprise Zones; (B) in reducing health disparities and improving health outcomes in Health Enterprise Zones; and (C) in reducing health costs and hospital admissions and readmissions in Health Enterprise Zones. SEC. 9. DEFINITIONS. In this Act: (1) The term ``Health Enterprise Zone'' means an area designated under section 2 as a Health Enterprise Zone. (2) The term ``Health Enterprise Zone practitioner'' means a health care practitioner who-- (A) is licensed or certified in accordance with applicable State law to treat patients in the respective Health Enterprise Zone; (B) provides-- (i) primary care, which may include obstetrics, gynecological services, pediatric services, or geriatric services; (ii) behavioral health services, which may include mental health or substance use disorder services; or (iii) dental services; and (C) is a participating provider of services or supplier under the Medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) or a participating provider under a State plan under title XIX of such Act (42 U.S.C. 1396 et seq.). (3) The term ``Secretary'' means the Secretary of Health and Human Services. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. To carry out this Act, there is authorized to be appropriated such sums as may be necessary for the period of 10 fiscal years following the date of enactment of this Act. <all>

Health Enterprise Zones Act of 2021

To provide for the designation of areas as Health Enterprise Zones to reduce health disparities and improve health outcomes in such areas, and for other purposes.

Health Enterprise Zones Act of 2021

Rep. Brown, Anthony G.

D

MD

S.4332

Health

Improving Data Collection for Adverse Childhood Experiences Act This bill authorizes the Centers for Disease Control and Prevention (CDC) to collect data, in cooperation with states, through relevant public health surveillance systems or surveys for a longitudinal study on the links between adverse childhood experiences and negative outcomes. In addition, the CDC may provide, directly or through grants or other agreements with public or nonprofit entities, technical assistance related to this data collection.

To amend the Public Health Service Act to direct the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, to support research and programmatic efforts that will build on previous research on the effects of adverse childhood experiences. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Improving Data Collection for Adverse Childhood Experiences Act''. (b) Findings.--Congress finds the following: (1) Certain negative events, circumstances, or maltreatment to which children may be exposed, known as adverse childhood experiences (commonly referred to as ``ACEs''), are associated with negative health outcomes. (2) Childhood psychological, physical, or sexual abuse; household challenges such as violence, substance use, mental illness, separation or divorce, or incarceration of a family member; historical trauma; and emotional or physical neglect have been shown to negatively impact a person's long-term health and well-being. (3) Adverse childhood experiences and associated conditions such as living in under-resourced or racially segregated neighborhoods, frequently moving, experiencing food insecurity, and other instability can cause toxic stress, a prolonged activation of the stress-response system. (4) Experiencing one or more adverse childhood experiences is associated with higher risks of some of the leading causes of death and disability in the United States. (5) More than half of all people in the United States have experienced one or more adverse childhood experiences. (6) The Centers for Disease Control and Prevention has recognized adverse childhood experiences as a major public health concern and made it a priority area for focus in the National Center for Injury Prevention and Control of the Centers for Disease Control and Prevention. (7) Further research is needed to better define adverse childhood experiences, understand the causal pathway between adverse childhood experiences and physical health outcomes, and identify protective factors against adverse childhood experiences and their effects, in order to inform and improve current programs and future efforts to promote public health. (8) Evidence-based and culturally informed prevention and mitigation strategies to address adverse childhood experiences have been identified, but efforts are needed to facilitate implementation in communities. (9) American Indian and Alaska Native communities have experienced traumatic events that have had long-lasting consequences for communities. More research on the critical connections between historically traumatic events, contemporary stressors, and adverse childhood experiences is needed. SEC. 2. SUPPORTING RESEARCH ON ADVERSE CHILDHOOD EXPERIENCES. Part J of title III of the Public Health Service Act (42 U.S.C. 280b et seq.) is amended by inserting after section 393D (42 U.S.C. 280b-1f) the following: ``SEC. 393E. SUPPORTING RESEARCH ON PREVENTING OR REMEDIATING ADVERSE CHILDHOOD EXPERIENCES. ``(a) In General.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, may, in cooperation with the States, collect and report data on adverse childhood experiences through the Behavioral Risk Factor Surveillance System, the Youth Risk Behavior Surveillance System, or other relevant public health surveys or questionnaires to contribute to a longitudinal study that-- ``(1) builds on previous literature, including the seminal CDC-Kaiser Permanente Adverse Childhood Experiences (ACE) Study, on the biology and neuroscience of childhood adversity that establishes the links between adverse childhood experiences and negative outcomes; and ``(2) focuses on elements not included in the study referred to in paragraph (1), including-- ``(A) the inclusion of a diverse nationally representative sample of participants; ``(B) the strength of the relationship between individual, specific adverse childhood experiences and negative health outcomes; ``(C) the intensity and frequency of adverse childhood experiences; ``(D) the relative strength of particular risk and protective factors; ``(E) the impact of historical trauma in communities disproportionately impacted, as identified by the Secretary, such as American Indians and Alaska Natives, as well as the intersections between historical trauma and adverse childhood experiences scores; and ``(F) the effect of social, economic, and community conditions on health and well-being. ``(b) Technical Assistance.--The Secretary may, directly or through awards of grants or contracts to public or nonprofit private entities or Tribal organizations or Indian Tribes, provide technical assistance with respect to the collection and reporting of data as described in subsection (a). ``(c) Definitions.--In this section-- ``(1) the term `historical trauma' means the cumulative, transgenerational, collective experience of emotional and psychological injury in communities; and ``(2) the terms `Indian Tribe' and `Tribal organization' have the meanings given such terms in section 4 of the Indian Self-Determination and Education Assistance Act. ``(d) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $7,000,000 for each of fiscal years 2023 through 2028.''. <all>

Improving Data Collection for Adverse Childhood Experiences Act

A bill to amend the Public Health Service Act to direct the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, to support research and programmatic efforts that will build on previous research on the effects of adverse childhood experiences.

Improving Data Collection for Adverse Childhood Experiences Act

Sen. King, Angus S., Jr.

I

ME

H.R.2161

Health

Children and Media Research Advancement Act or the CAMRA Act This bill requires the National Institutes of Health to fund research regarding the effects of media on infants, children, and adolescents. Such research must examine the impact of media (e.g., social media, television, video games) on cognitive, physical, and social-emotional development.

To amend the Public Health Service Act to authorize a program on children and the media within the National Institute of Health to study the health and developmental effects of technology on infants, children, and adolescents. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Children and Media Research Advancement Act'' or the ``CAMRA Act''. SEC. 2. RESEARCH ON THE HEALTH AND DEVELOPMENT EFFECTS OF MEDIA ON INFANTS, CHILDREN, AND ADOLESCENTS. Subpart 7 of part C of title IV of the Public Health Service Act (42 U.S.C. 285g et seq.) is amended by adding at the end the following: ``SEC. 452H. RESEARCH ON THE HEALTH AND DEVELOPMENT EFFECTS OF MEDIA ON INFANTS, CHILDREN, AND ADOLESCENTS. ``(a) In General.--The Director of the National Institutes of Health, in coordination with or acting through the Director of the Institute, shall conduct and support research and related activities concerning the health and developmental effects of media on infants, children, and adolescents, which may include the positive and negative effects of exposure to and use of media, such as social media, applications, websites, television, motion pictures, artificial intelligence, mobile devices, computers, video games, virtual and augmented reality, and other media formats as they become available. Such research shall attempt to better understand the relationships between media and technology use and individual differences and characteristics of children and shall include longitudinally designed studies to assess the impact of media on youth over time. Such research shall include consideration of core areas of child and adolescent health and development including the following: ``(1) Cognitive.--The role and impact of media use and exposure in the development of children and adolescents within such cognitive areas as language development, executive functioning, attention, creative problem solving skills, visual and spatial skills, literacy, critical thinking, and other learning abilities, and the impact of early technology use on developmental trajectories. ``(2) Physical.--The role and impact of media use and exposure on children's and adolescent's physical development and health behaviors, including diet, exercise, sleeping and eating routines, and other areas of physical development. ``(3) Socio-emotional.--The role and impact of media use and exposure on children's and adolescents' social-emotional competencies, including self-awareness, self-regulation, social awareness, relationship skills, empathy, distress tolerance, perception of social cues, awareness of one's relationship with the media, and decision-making, as well as outcomes such as violations of privacy, perpetration of or exposure to violence, bullying or other forms of aggression, depression, anxiety, substance use, misuse or disorder, and suicidal ideation/ behavior and self-harm. ``(b) Developing Research Agenda.--The Director of the National Institutes of Health, in consultation with the Director of the Institute, other appropriate national research institutes, academies, and centers, the Trans-NIH Pediatric Research Consortium, and non- Federal experts as needed, shall develop a research agenda on the health and developmental effects of media on infants, children, and adolescents to inform research activities under subsection (a). In developing such research agenda, the Director may use whatever means necessary (such as scientific workshops and literature reviews) to assess current knowledge and research gaps in this area. ``(c) Research Program.--In coordination with the Institute and other national research institutes and centers, and utilizing the National Institutes of Health's process of scientific peer review, the Director of the National Institutes of Health shall fund an expanded research program on the health and developmental effects of media on infants, children, and adolescents. ``(d) Report to Congress.--Not later than 1 year after the date of enactment of this Act, the Director of the National Institutes of Health shall submit a report to Congress on the progress made in gathering data and expanding research on the health and developmental effects of media on infants, children, and adolescents in accordance with this section. Such report shall summarize the grants and research funded, by year, under this section. ``(e) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section-- ``(1) $15,000,000 for each of fiscal years 2022 through 2024; and ``(2) $25,000,000 for each of fiscal years 2025 and 2026.''. <all>

CAMRA Act

To amend the Public Health Service Act to authorize a program on children and the media within the National Institute of Health to study the health and developmental effects of technology on infants, children, and adolescents.

CAMRA Act Children and Media Research Advancement Act

Rep. Raskin, Jamie

D

MD

H.R.858

Government Operations and Politics

Donna M. Doss Memorial Act of 2021 This bill designates the Rocksprings station of the U.S. Border Patrol located on West Main Street in Rocksprings, Texas, as the Donna M. Doss Border Patrol Station.

To designate the Rocksprings Station of the U.S. Border Patrol located on West Main Street in Rocksprings, Texas, as the ``Donna M. Doss Border Patrol Station''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Donna M. Doss Memorial Act of 2021''. SEC. 2. FINDINGS. Congress finds the following: (1) A native of the State of Washington, Agent Donna Marie Doss-- (A) proudly and honorably served her country as an Agent of the U.S. Border Patrol for more than 15 years; (B) began her service with the U.S. Border Patrol in 2003; and (C) graduated as part of the 569th Session of the Border Patrol Academy with Class 584 on June 6, 2005. (2) Agent Doss-- (A) served on a Drug Enforcement Administration Task Force on the southern border for 3 years before being assigned to the northern border; (B) was promoted to Supervisory Border Patrol Agent in Laredo Border Patrol Sector, where she was named an Operations Officer in 2016; and (C) relocated to Abilene, Texas in 2017, where she served as a Resident Agent. (3) On February 2, 2019, Agent Doss responded to a call for assistance from the Texas Department of Public Safety near Interstate 20 in Tye, Texas. While on scene, Agent Doss was struck and killed by a passing vehicle. (4) Agent Doss is survived by her husband, father, mother, 2 step-children, a sister and a brother. SEC. 3. DESIGNATION. The Rocksprings station of the U.S. Border Patrol located on West Main Street in Rocksprings, Texas, shall be known and designated as the ``Donna M. Doss Border Patrol Station''. SEC. 4. REFERENCES. Any reference in a law, map, regulation, document, paper, or other record of the United States to the station described in section 3 shall be deemed to be a reference to the ``Donna M. Doss Border Patrol Station''. <all>

Donna M. Doss Memorial Act of 2021

To designate the Rocksprings Station of the U.S. Border Patrol located on West Main Street in Rocksprings, Texas, as the "Donna M. Doss Border Patrol Station".

Donna M. Doss Memorial Act of 2021

Rep. Arrington, Jodey C.

R

TX

H.R.3829

Agriculture and Food

Codifying Useful Regulatory Definitions Act or the CURD Act This bill provides statutory authority for a definition of natural cheese. Under the bill, natural cheese is defined as cheese that is produced from animal milk or certain dairy ingredients and is produced in accordance with established cheese-making standards.

To amend the Federal Food, Drug, and Cosmetic Act to define the term natural cheese. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Codifying Useful Regulatory Definitions Act'' or the ``CURD Act''. SEC. 2. FINDINGS. Congress finds as follows: (1) There is a need to define the term ``natural cheese'' in order to maintain transparency and consistency for consumers so that they may differentiate ``natural cheese'' from ``process cheese''. (2) The term ``natural cheese'' has been used within the cheese making industry for more than 50 years and is well- established. SEC. 3. DEFINITION OF NATURAL CHEESE. (a) Definition.--Section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321) is amended by adding at the end the following: ``(ss)(1) The term `natural cheese' means cheese that is a ripened or unripened soft, semi-soft, or hard product, which may be coated, that is produced-- ``(A) by-- ``(i) coagulating wholly or partly the protein of milk, skimmed milk, partly skimmed milk, cream, whey cream, or buttermilk, or any combination of such ingredients, through the action of rennet or other suitable coagulating agents, and by partially draining the whey resulting from the coagulation, while respecting the principle that cheese-making results in a concentration of milk protein (in particular, the casein portion), and that consequently, the protein content of the cheese will be distinctly higher than the protein level of the blend of the above milk materials from which the cheese was made; or ``(ii) processing techniques involving coagulation of the protein of milk or products obtained from milk to produce an end-product with similar physical, chemical, and organoleptic characteristics as the product described in subclause (i); and ``(iii) including the addition of safe and suitable non-milk derived ingredients of the type permitted in the standards of identity described in clause (B) as natural cheese; or ``(B) in accordance with standards of identity under part 133 of title 21, Code of Federal Regulations (or any successor regulations), other than the standards described in subparagraph (2) or any future standards adopted by the Secretary in accordance with subparagraph (2)(I). ``(2) Such term does not include-- ``(A) pasteurized process cheeses as defined in section 133.169, 133.170, or 133.171 of title 21, Code of Federal Regulations (or any successor regulations); ``(B) pasteurized process cheese foods as defined in section 133.173 or 133.174 of title 21, Code of Federal Regulations (or any successor regulations); ``(C) pasteurized cheese spreads as defined in section 133.175, 133.176, or 133.178 of title 21, Code of Federal Regulations (or any successor regulations); ``(D) pasteurized process cheese spreads as defined in section 133.179 or 133.180 of title 21, Code of Federal Regulations (or any successor regulations); ``(E) pasteurized blended cheeses as defined in section 133.167 or 133.168 of title 21, Code of Federal Regulations (or any successor regulations); ``(F) any products comparable to any product described in any of clauses (A) through (E); ``(G) cold pack cheeses as defined in section 133.123, 133.124, or 133.125 title 21, Code of Federal Regulations (or any successor regulations); ``(H) grated American cheese food as defined in section 133.147 of title 21, Code of Federal Regulations (or any successor regulations); or ``(I) any other product the Secretary may designate as a process cheese. ``(3) For purposes of this paragraph, the term `milk' has the meaning given such term in section 133.3 of title 21, Code of Federal Regulations (or any successor regulations) and includes the lacteal secretions from animals other than cows.''. (b) Labeling.--Section 403 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343) is amended by adding at the end the following: ``(z) If its label or labeling includes the term `natural cheese' as a factual descriptor of a category of cheese unless the food meets the definition of natural cheese under section 201(ss), except that nothing in this paragraph shall prohibit the use of the term `natural' or `all-natural', or a similar claim or statement with respect to a food in a manner that is consistent with regulations, guidance, or policy statements issued by the Secretary.''. (c) National Uniformity.--Section 403A(a)(2) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343-1(a)(2)) is amended by striking ``or 403(x)'' and inserting ``403(x), or 403(z)''. <all>

CURD Act

To amend the Federal Food, Drug, and Cosmetic Act to define the term natural cheese.

CURD Act Codifying Useful Regulatory Definitions Act

Rep. Kind, Ron

D

WI

S.1016

Taxation

Electric Power Infrastructure Improvement Act This bill allows a tax credit through 2031 for investment in a qualifying electric power transmission line property. The bill defines qualifying electric power transmission line property as (1) any overhead, submarine, or underground transmission facility that is capable of transmitting electricity at a voltage of not less than 275 kilovolts, has a transmission capacity of not less than 500 megawatts, is an alternating current or direct current transmission line, and delivers power produced in either a rural area or offshore; and (2) conductors or cables, or other specified equipment, necessary for the proper operation of the facility.

To amend the Internal Revenue Code of 1986 to establish a tax credit for installation of regionally significant electric power transmission lines. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Electric Power Infrastructure Improvement Act''. SEC. 2. ESTABLISHMENT OF ELECTRIC POWER TRANSMISSION LINES. (a) In General.--Subpart E of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 48C the following new section: ``SEC. 48D. QUALIFYING ELECTRIC POWER TRANSMISSION LINE CREDIT. ``(a) Allowance of Credit.--For purposes of section 46, the qualifying electric power transmission line credit for any taxable year is an amount equal to 30 percent of the qualified investment for such taxable year with respect to any qualifying electric power transmission line property of the taxpayer. ``(b) Qualifying Investment.-- ``(1) In general.--For purposes of subsection (a), the qualified investment for any taxable year is the basis of any qualifying electric power transmission line property placed in service by the taxpayer during such taxable year. ``(2) Certain qualified progress expenditures rules made applicable.--Rules similar to the rules of subsections (c)(4) and (d) of section 46 (as in effect on the day before the enactment of the Revenue Reconciliation Act of 1990) shall apply for purposes of this section. ``(c) Qualifying Electric Power Transmission Line Property.--The term `qualifying electric power transmission line property' means-- ``(1) any overhead, submarine, or underground transmission facility which-- ``(A) is capable of transmitting electricity at a voltage of not less than 275 kilovolts, ``(B) has a transmission capacity of not less than 500 megawatts, ``(C) is an alternating current or direct current transmission line, and ``(D) delivers power produced in either a rural area or offshore, and ``(2) any conductors or cables, towers, insulators, reactors, capacitors, circuit breakers, static VAR compensators, static synchronous compensators, power converters, transformers, synchronous condensers, braking resistors, and any ancillary facilities and equipment necessary for the proper operation of the facility described in paragraph (1). ``(d) Termination.--This section shall not apply to any property placed in service after December 31, 2031.''. (b) Conforming Amendments.-- (1) Section 46 of the Internal Revenue Code of 1986 is amended-- (A) by striking ``and'' at the end of paragraph (5), (B) by striking the period at the end of paragraph (6) and inserting ``, and'', and (C) by adding at the end the following new paragraph: ``(7) the qualifying electric power transmission line credit.''. (2) Section 49(a)(1)(C) of such Code is amended-- (A) by striking ``and'' at the end of clause (iv), (B) by striking the period at the end of clause (v) and inserting ``, and'', and (C) by adding at the end the following new clause: ``(vi) the basis of any qualifying electric power transmission line property under section 48D.''. (3) The table of sections for subpart E of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 48C the following new item: ``Sec. 48D. Qualifying electric power transmission line credit.''. (c) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2021. <all>

Electric Power Infrastructure Improvement Act

A bill to amend the Internal Revenue Code of 1986 to establish a tax credit for installation of regionally significant electric power transmission lines.

Electric Power Infrastructure Improvement Act

Sen. Heinrich, Martin

D

NM

S.3238

Labor and Employment

Transformation to Competitive Integrated Employment Act This bill addresses employment standards for people with disabilities. First, the Department of Labor must award grants to states and certain eligible entities to assist them in transforming their business and program models to support people with disabilities by The bill also prohibits the issuance of new special certificates that allow payment of subminimum wages to people with disabilities and phases out existing certificates over a five-year period. Further, Labor's Office of Disability Employment must award grants for technical assistance and other strategic support to employers transitioning from special certificates to competitive integrated employment for people with disabilities. Labor must contract with a nonprofit entity to conduct an evaluation of the impact of these transitions.

To assist employers providing employment under special certificates issued under section 14(c) of the Fair Labor Standards Act of 1938 in transforming their business and program models to models that support people with disabilities through competitive integrated employment, to phase out the use of such special certificates, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Transformation to Competitive Integrated Employment Act''. SEC. 2. TABLE OF CONTENTS. Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. Purposes. TITLE I--COMPETITIVE INTEGRATED EMPLOYMENT TRANSFORMATION GRANT PROGRAMS Sec. 101. Program authorized. Sec. 102. State grant program. Sec. 103. Certificate holder grant program. TITLE II--PHASE OUT OF SPECIAL CERTIFICATES UNDER SECTION 14(c) OF THE FAIR LABOR STANDARDS ACT OF 1938 Sec. 201. Transition to fair wages for people with disabilities. Sec. 202. Prohibition on new special certificates; sunset. TITLE III--TECHNICAL ASSISTANCE AND DISSEMINATION Sec. 301. Technical Assistance and dissemination. TITLE IV--REPORTING AND EVALUATION Sec. 401. Impact evaluation and reporting. Sec. 402. Wage and hour reports. TITLE V--GENERAL PROVISIONS Sec. 501. Definitions. Sec. 502. Authorization of appropriations. SEC. 3. PURPOSES. The purposes of this Act are to-- (1) assist employers with special certificates issued under section 14(c) of the Fair Labor Standards Act of 1938 (29 U.S.C. 214(c)) to transform their business and program operations to models that support people with disabilities to find and retain work in competitive integrated employment; (2) ensure people with disabilities, families of such people, State and local governments, and other stakeholders are involved in the transformations described in paragraph (1); (3) ensure people employed in programs using such special certificates transition to competitive integrated employment positions and, as needed, to integrated services that support them in their homes and in community settings; (4) identify models and processes for shifting business and program models from such special certificates to competitive integrated employment models and integrated community participation and wraparound services, and to share that information with other such special certificate holders, State and local entities, and other service providers for people with disabilities; and (5) support States and local governments as they revise and implement their Olmstead plans and local plans, respectively, in order to improve competitive integrated employment outcomes for people with disabilities through all State workforce development systems. TITLE I--COMPETITIVE INTEGRATED EMPLOYMENT TRANSFORMATION GRANT PROGRAMS SEC. 101. PROGRAM AUTHORIZED. From the amounts appropriated to carry out this title, the Secretary of Labor shall award grants under sections 102 and 103, on a competitive basis, to States and eligible entities to assist employers who were issued special certificates in transforming their business and program models from providing employment using such special certificates to business and program models that employ and support people with disabilities by-- (1) providing competitive integrated employment, including by compensating all employees of the employer at a rate that is-- (A) not less than the higher of the rate specified in section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)) or the rate specified in the applicable State or local minimum wage law; and (B) not less than the customary rate paid by the employer for the same or similar work performed by other employees who are not people with disabilities, and who are similarly situated in similar occupations by the same employer and who have similar training, experience, and skills; (2) assisting people with disabilities who were employed by the employer in finding and retaining work in competitive integrated employment, which work may be with the employer after such transformation or in another competitive integrated employment setting; (3) providing integrated community participation and wraparound services for people with disabilities; and (4) ensuring all such services and other non-employment services offered by the employer comply with the requirements for home and community-based services under the Home and Community-Based Services (HCBS) final rule published on January 16, 2014 (79 Fed. Reg. 2948), or a successor rule. SEC. 102. STATE GRANT PROGRAM. (a) Application.-- (1) In general.--To be eligible to receive a grant under this section, a State shall submit an application to the Secretary at such time, in such manner, and including such information as the Secretary may reasonably require. (2) Contents.--Each application submitted under paragraph (1) shall include-- (A) a description of the status of the employers in the State providing employment using special certificates, including-- (i) the number of employers in the State using special certificates to employ and pay people with disabilities; (ii) the number of employers described in clause (i) that also employ people with disabilities in competitive integrated employment, which shall include employers providing such employment in combination with integrated services; (iii) the number of employees employed under a special certificate, disaggregated by-- (I) employer; and (II) demographic characteristics, including gender, race, ethnicity, and type of disability, unless indicating such characteristics would disclose personal identifying information; (iv) the average, median, minimum, and maximum number of hours such employees work per week, disaggregated by employer, and reported for the State as a whole; and (v) the average, median, minimum, and maximum hourly wage for such employees, disaggregated by employer, and reported for the State as a whole; (B) a description of the activities of the State with respect to competitive integrated employment for people with disabilities, including, as applicable-- (i) a copy of the State plan for carrying out the Employment First initiative; (ii) a copy of the Olmstead plan of the State; (iii) a description of activities related to the development and promotion of ABLE accounts; and (iv) a description of the medical assistance provided by the State through a Medicaid buy-in eligibility pathway under subclause (XV) or (XVI) of section 1902(a)(10)(A)(ii) of the Social Security Act (42 U.S.C. 1396a(a)(10)(A)(ii)), including any premiums or other cost sharing imposed on individuals who enroll in the State Medicaid program through such a pathway; (C) a description of activities to be funded under the grant, and the goals of such activities, including-- (i) the process to be used to identify each employer in the State that will transform its business and program models from employing people with disabilities using special certificates to employing people with disabilities in competitive integrated employment settings, or a setting involving a combination of competitive integrated employment and integrated services; (ii) the number of such employers in the State that will carry out a transformation described in clause (i); (iii) the service delivery infrastructure that will be implemented in the State to support people with disabilities who have been employed under special certificates through such a transformation, including providing enhanced integrated services to support people with the most significant disabilities; (iv) a description of the process to recruit and engage Federal, State, and local governments and nonprofit and private employers to hire people with disabilities into competitive integrated employment who have been employed under special certificates; (v) the competitive integrated employment and integrated services that will be implemented in the State to support such people; (vi) a timeline for assisting employers that operate in the State in phasing out employment using special certificates, which shall not extend past the date on which the legal effect of such certificates expires under section 14(c)(7) of the Fair Labor Standards Act of 1938 (29 U.S.C. 214(c)(7)), as added by title II; (vii) a timeline for the expansion of employers that will provide competitive integrated employment, or a combination of competitive integrated employment and integrated services, to people with disabilities who have been employed by such employers under special certificates; (viii) a description of the expanded competitive integrated employment and integrated services to be provided to such people as a result of transformations described in clause (i); and (ix) a description of the process to be used to engage stakeholders in such transformations; (D) a description of how the activities under the grant will coordinate and align Federal, State, and local programs, agencies, and funding in the transformations described in subparagraph (C)(i); (E) a description of the State's evaluation plan to determine the social and economic impact of the grant, including the impact (as measured throughout the transformation and the 2-year period after the State has assisted employers in phasing out employment using special certificates) on-- (i) the employment status of people with disabilities in the State, including the number of hours worked, average wages, and job satisfaction, of such people; and (ii) changes in provider capacity to support competitive integrated employment and integrated services; (F) assurances that-- (i) the activities carried out under the grant will result in each employer in the State that provides employment using special certificates on the date of enactment of this Act transforming as described in subparagraph (C)(i); (ii) people with the most significant disabilities, including intellectual and developmental disabilities, who will be affected by such a transformation will be given priority in receiving the necessary competitive integrated employment supports and integrated services to succeed during and after such a transformation; (iii) each individual in the State who is employed under a special certificate will, as a result of such a transformation, be given an opportunity to be employed in competitive integrated employment; (iv) at a minimum, the State agencies responsible for developmental disability services, Medicaid, education, vocational rehabilitation, mental health services, transportation, and workforce development agree to be partners in the goals of the grant; (v) until the date that is 2 years after the legal effect of special certificates expires under section 14(c)(7) of the Fair Labor Standards Act of 1938 (29 U.S.C. 214(c)(7)), as added by title II, the State will comply with requirements of the Secretary with respect to the collection of data, and will require employers providing employment under special certificates in the State to comply with such requirements; (vi) the State will cooperate with the evaluation under title IV by providing all data required and allow the evaluation of activities under the grant; (vii) the State will establish an advisory council described in paragraph (3) to monitor and guide the process of transforming business and program models of employers in the State as described in subparagraph (C)(i); (viii) the State will cooperate with the nonprofit entity carrying out technical assistance and dissemination activities under title III; (ix) all integrated services and non- employment services offered by employers in the State will comply with-- (I) the requirements for home and community-based services under the Home and Community-Based Services (HCBS) final rule published on January 16, 2014 (79 Fed. Reg. 2948), or a successor rule; (II) the holding of the Olmstead decision; and (III) the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.); and (x) the State will disseminate information to all people with disabilities employed under special certificates regarding the availability of-- (I) ABLE accounts and other asset developmental options for people with disabilities; (II) the Ticket to Work and Self Sufficiency Program established under section 1148 of the Social Security Act (42 U.S.C. 1320b-19); and (III) other resources related to benefits counseling for people with disabilities who wish to work or are working in competitive integrated employment settings; and (G) such other information and assurances as the Secretary may reasonably require. (3) Members of the advisory council.--A State receiving a grant under this section shall, for the purpose described in paragraph (2)(F)(vii), establish an advisory council composed of the following: (A) People with disabilities, including such people with intellectual and developmental disabilities who are or were employed under a special certificate, who shall comprise not less than 25 percent of the members. (B) A family member of a person with an intellectual or developmental disability who is employed under a special certificate. (C) A family member of a person with an intellectual or developmental disability who is employed in competitive integrated employment. (D) An employer providing competitive integrated employment. (E) An employer providing employment under special certificates. (F) A representative of a nonprofit agency or organization specializing in competitive integrated employment. (G) A representative of the State developmental disability agency. (H) A representative of the State vocational rehabilitation agency, as such term is used under the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.). (I) A representative of an agency in the State described in paragraph (6) or (7) of section 8501 of title 41, United States Code. (J) A representative of the State independent living centers, as such term is used under the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.). (K) A representative of the State Council on Developmental Disabilities, as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15002). (L) A representative of one of the State University Centers for Excellence in Developmental Disabilities Education, Research, and Service, established under subtitle D of title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15061 et seq.). (M) A representative of the State protection and advocacy system, as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15002). (N) A representative of the State Medicaid office. (O) Representatives of other State agencies and disability organizations and other disability related offices and groups with expertise in competitive integrated employment. (b) Geographic Diversity.--To the extent practicable, the Secretary shall distribute grant funds under this section equitably among geographic areas of the United States, and take into account rural and urban diversity. (c) Duration of Awards.--A grant under this section shall be awarded for a period of 5 years. (d) Limit on Award Number.--A State may only be awarded 1 grant under this section. (e) Amount of Awards.--A grant awarded under this section may not be made in an amount that is less than $3,000,000, or more than $15,000,000, for the 5-year grant period. (f) Additional Funding for Supported Employment Services.-- (1) In general.--Title VI of the Rehabilitation Act of 1973 is amended-- (A) in section 603 (29 U.S.C. 795h)-- (i) in subsection (a), by adding at the end the following: ``(3) References.--For purposes of this subsection, any reference in this subsection to sums or amounts appropriated shall not include the amounts appropriated under section 611(e).''; (ii) in subsection (c)-- (I) by inserting ``or a grant under section 611'' after ``allotment under this title''; and (II) by inserting ``or such grant'' after ``such allotment''; and (iii) in subsection (d)-- (I) by inserting ``or a grant under section 611'' after ``allotment under this title''; and (II) by inserting ``or such grant'' after ``such allotment''; (B) in section 604(b)(2) (29 U.S.C. 795i(b)(2)), by inserting ``(or made available through a grant awarded under section 611)'' after ``allotted under this title''; (C) in section 610 (29 U.S.C. 795o)-- (i) by inserting ``, except for section 611,'' after ``this title''; (ii) by striking ``and''; and (iii) by inserting ``, and such sums as may be necessary for each of fiscal years 2022 through 2031'' before the period at the end; and (D) by adding at the end the following: ``SEC. 611. ADDITIONAL FUNDING FOR CERTAIN STATES WITH COMPETITIVE INTEGRATED EMPLOYMENT. ``(a) Grants.--From amounts appropriated under subsection (e), the Secretary, in consultation with the Secretary of Labor, shall award a grant under this section to each eligible State that submits an application under subsection (c) for the purposes described in section 604. ``(b) Eligibility.-- ``(1) In general.--A State is eligible for a grant under this section for a fiscal year if the State-- ``(A) is eligible for an allotment under section 603(a) for the fiscal year; and ``(B) has successfully completed a grant under section 102 of the Transformation to Competitive Integrated Employment Act during that fiscal year or the preceding fiscal year, as determined under paragraph (2). ``(2) Successfully completing a competitive integrated employment grant.--A State has successfully completed a grant under section 102 of the Transformation to Competitive Integrated Employment Act if, at the conclusion of the 5-year period of the grant, the Secretary of Labor determines the State has complied with all requirements under such section for such grant. ``(c) Application.--A State seeking a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require, including information demonstrating the State has successfully complied with the requirements under subsection (b)(2). ``(d) Awards.-- ``(1) In general.--A grant to a State under this section shall be awarded in an amount determined under paragraph (2) for each of 5 fiscal years, except as provided under paragraph (3). ``(2) Amount.--Subject to available appropriations under subsection (e), the amount of a grant under this section to a State for a fiscal year shall be equal to 25 percent of the amount allotted to such State under subsection (a) of section 603 for the preceding fiscal year (excluding any additional amounts allotted to the State under subsection (b) of such section). ``(3) Continued compliance.--In the case that a State receiving a grant under this section ceases compliance with subsection (b)(2) for a fiscal year-- ``(A) no amounts shall be awarded through such grant for such fiscal year; or ``(B) if such amounts have already been awarded to the State for such fiscal year, the State shall return to the Secretary such amounts. ``(4) Competitive integrated employment fund.-- ``(A) Establishment of fund.--There is established in the Treasury of the United States a fund to be known as the `Competitive Integrated Employment Fund' (referred to in this paragraph as the `Fund'). ``(B) Deposits.--The Secretary shall deposit into the Fund any amount received under paragraph (3)(B). ``(C) Use of fund amounts.--Amounts in the Fund shall be available to the Secretary of Labor, without fiscal year limitation, for activities to increase competitive integrated employment opportunities for people with disabilities. ``(e) Authorization of Appropriations.--There are authorized to be appropriated for each of fiscal years 2027 through 2031 such sums as may be necessary to carry out this section.''. (2) Table of contents.--The table of contents in section 1(b) of the Rehabilitation Act of 1973 is amended by inserting after the item relating to section 610 the following: ``Sec. 611. Additional funding for certain States with competitive integrated employment.''. SEC. 103. CERTIFICATE HOLDER GRANT PROGRAM. (a) In General.--To be eligible to receive a grant under this section, an eligible entity shall submit an application to the Secretary at such time, in such manner, and including such information as the Secretary may reasonably require. (b) Contents.--Each application submitted under subsection (a) shall include-- (1) the status of the eligible entity's use of special certificates to employ people with disabilities, including-- (A)(i) the number of employees the eligible entity employs using such special certificates at the time of submission of the application; (ii) the aggregate demographic profile of such employees, including gender, race, and type of disability of such employees, unless indicating such demographic profile would disclose personal identifying information; and (iii) an historical accounting, covering each of the previous 4 fiscal years, of-- (I) the number of employees with a disability working for a wage that is-- (aa) less than the higher of the rate specified in section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)) or the rate specified in the applicable State or local minimum wage law; or (bb) less than the customary rate paid by the employer for the same or similar work performed by other employees who are not people with disabilities, and who are similarly situated in similar occupations by the same employer and who have similar training, experience, and skills; and (II) an aggregate demographic profile of such employees including gender, race, ethnicity, age, and type of disability; (B) the average, minimum, maximum, and range of hourly wages paid to employees employed using such special certificates during the previous year; (C) during the preceding 5 fiscal years, the number of people with disabilities, disaggregated by fiscal year, who have been transitioned by the eligible entity from employment under such special certificates to competitive integrated employment; and (D) a description of the business and program models (including the financial and organizational structure) of the eligible entity that is using the special certificates, including-- (i) the number and type of contracts the entity has entered into during the preceding 5 fiscal years to supply goods or services, including an indication for each such contract of whether people with disabilities are employed under the contract; (ii) the budget and the funding structure, including all sources of funding, for the preceding 5 fiscal years; (iii) the human resource structure; and (iv) the entities partnering with the eligible entity as described in subsection (h)(2); (2) a description of activities to be funded under the grant, and the goals of such activities, including-- (A) a description of the business and program models of competitive integrated employment or a combination of competitive integrated employment, integrated services, and other companionship and personal support services, into which the models of the eligible entity will transform, including the business plan, employment structure, and leadership organization of the eligible entity; (B) a description of-- (i) the integrated services to be provided by the eligible entity; or (ii) the eligible entity's process for referring an individual requiring such services to a provider of such services to ensure that the individual receives such services; (C) after the transformation of the eligible entity's business and program models as described in subparagraph (A), the number of employees that will be employed under such models; (D) the date on which the eligible entity will discontinue using special certificates, and the funding structure the eligible entity will use to provide competitive integrated employment or a combination of such employment and integrated services; and (E) the process to be used for the transformation of the eligible entity's business and program models as described in subparagraph (A), including-- (i) redesign of contracts; (ii) changes in funding sources; (iii) staff training on competitive integrated employment support and practices; (iv) input from key stakeholders, including people with disabilities, their families, and other local stakeholders; and (v) a description of the individuals who will be responsible for the development and implementation of such process; (3) a description of the process to recruit and engage Federal, State, and local governments and nonprofit and private employers to hire people with disabilities who have been employed under special certificates; (4) a timeline of activities to be implemented and goals to be reached on at least a quarterly basis during the 3-year grant period; (5) a description of how the activities under the grant will coordinate and align Federal, State, and local programs, agencies, and funding in the transformation described in paragraph (2)(A); (6) assurances that-- (A) the activities carried out under the grant will result in the transformation described in paragraph (2)(A); (B) people with disabilities who are employed by the eligible entity under special certificates will be employed in competitive integrated employment; (C) the eligible entity will comply with the requirements of the Secretary with respect to the collection of data; (D) the eligible entity will cooperate in the evaluation described in title IV by providing all data required and allow evaluation of the activities under the grant; and (E) the eligible entity will cooperate with the nonprofit entity carrying out technical assistance and dissemination required under title III; (7) a description of the eligible entity's evaluation plan to determine the impact of the grant; (8) assurances of collaboration and support from all State entities involved in supporting people with disabilities to secure competitive integrated employment, including the State Medicaid agency, the State developmental disability agency, the State vocational rehabilitation agency, the State department of education, and the State board, and other State and local governmental entities (including the local board) and organizations that support transformations to providing competitive integrated employment and integrated services for employees employed under a special certificate; and (9) such other information and assurances as the Secretary may reasonably require. (c) Geographic Diversity.--To the extent practicable, the Secretary shall distribute grant funds under this section equitably among geographic areas of the United States, and shall take into account rural and urban diversity. (d) Program Size.--To the extent practicable, the Secretary shall distribute grant funds under this section equitably among eligible entities providing employment using special certificates serving different numbers of people. (e) Duration of Awards.-- (1) Grant period.--A grant awarded under this section shall be awarded for a period of 3 years. (2) Grant cycles.--Grants shall be awarded under this section in 2 grant cycles. Grants for the second grant cycle shall be awarded not earlier than the end of the second year of the first 3-year grant cycle. (f) Limit on Award Number.--An eligible entity may only be awarded 1 grant total under this section. (g) Amount of Awards.--A grant awarded under this section may not be made in an amount that is less than $200,000, or more than $750,000, for the 3-year grant period. (h) Eligible Entity Defined.--In this title, the term ``eligible entity'' means an entity that-- (1) employs people with disabilities under special certificates and is located in a State that did not receive a grant under section 102; and (2) partners with at least 2 entities with experience providing support to people with disabilities in competitive integrated employment, such as-- (A) an employer providing competitive integrated employment; (B) a State developmental disability agency; (C) a State mental health services agency; (D) a representative of an agency described in paragraph (6) or (7) of section 8501 of title 41, United States Code; (E) a representative of the State Council on Developmental Disabilities, as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15002); (F) a representative of the State vocational rehabilitation agency, as such term is used under the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.); (G) a representative of the State independent living centers, as such term is used under the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.); (H) a representative of one of the State University Centers for Excellence in Developmental Disabilities Education, Research, and Service, established under subtitle D of title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15061 et seq.); (I) a representative of the State protection and advocacy system, as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15002); and (J) a nonprofit agency or organization specializing in competitive integrated employment. TITLE II--PHASE OUT OF SPECIAL CERTIFICATES UNDER SECTION 14(c) OF THE FAIR LABOR STANDARDS ACT OF 1938 SEC. 201. TRANSITION TO FAIR WAGES FOR PEOPLE WITH DISABILITIES. (a) In General.--Subparagraph (A) of section 14(c)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 214(c)(1)) is amended to read as follows: ``(A) at a rate that equals, or exceeds, the greater of-- ``(i)(I) 60 percent of the wage rate in effect under section 6(a)(1), beginning 1 year after the date of enactment of the Transformation to Competitive Integrated Employment Act; ``(II) 70 percent of the wage rate in effect under section 6(a)(1), beginning 2 years after such date of enactment; ``(III) 80 percent of the wage rate in effect under section 6(a)(1), beginning 3 years after such date of enactment; ``(IV) 90 percent of the wage rate in effect under section 6(a)(1), beginning 4 years after such date of enactment; and ``(V) the wage rate in effect under section 6(a)(1), beginning 5 years after such date of enactment; or ``(ii) the wage rate in effect on the day before the date of enactment of the Transformation to Competitive Integrated Employment Act for the employment, under a special certificate issued under this paragraph, of the individual for whom the wage rate is determined under this paragraph;''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on the date that is 1 year after the date of enactment of this Act. SEC. 202. PROHIBITION ON NEW SPECIAL CERTIFICATES; SUNSET. Section 14(c) of the Fair Labor Standards Act of 1938 (29 U.S.C. 214(c)) (as amended by section 201), is further amended by adding at the end the following: ``(6) Prohibition on new special certificates.-- Notwithstanding paragraph (1), the Secretary shall not issue a special certificate under this subsection to an employer that was not issued a special certificate under this subsection before the date of enactment of the Transformation to Competitive Integrated Employment Act. ``(7) Sunset.--Beginning on the day after the date that is 5 years after the date of enactment of the Transformation to Competitive Integrated Employment Act-- ``(A) the authority to issue special certificates under paragraph (1) shall expire; and ``(B) no special certificates issued under paragraph (1) shall have any legal effect.''. TITLE III--TECHNICAL ASSISTANCE AND DISSEMINATION SEC. 301. TECHNICAL ASSISTANCE AND DISSEMINATION. (a) Grant Authorized.--From the amounts appropriated for this title, the Secretary (acting through the Office of Disability Employment Policy in partnership with the Employment and Training Administration), in partnership with the Administration for Community Living of the Department of Health and Human Services and the Office of Special Education and Rehabilitative Services of the Department of Education, shall award a grant to a nonprofit entity to-- (1)(A) provide technical assistance to employers who are transforming from employing people with disabilities using special certificates to providing competitive integrated employment; (B) identify and disseminate private and public sector models of the transition described in subparagraph (A); and (C) build a set of replicable strategies for employers using special certificates to increase their use of evidence- based practices in providing competitive integrated employment and increase their options for providing competitive integrated employment; (2) collect and disseminate-- (A) evidence-based practices with respect to the transformations described in paragraph (1)(A), including practices that increase awareness of and access to training materials from and opportunities offered through the Office of Disability Employment Policy; and (B) evidence-based strategies for implementing the aims of activities, intended to improve the quality of integrated services to result in competitive integrated employment for people with disabilities, carried out-- (i) under the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.); (ii) through settlement agreements made pursuant to the employment requirements under the Olmstead decision; or (iii) through home and community-based services described in the Home and Community- Based Services (HCBS) final rule published on January 16, 2014 (79 Fed. Reg. 2948), or a successor rule; (3) leverage and increase awareness of and access to training materials and opportunities made available through training and technical assistance investments of-- (A) the Office of Disability Employment Policy; (B) the Employment and Training Administration; (C) the Administration for Community Living of the Department of Health and Human Services; and (D) the Office of Special Education and Rehabilitative Services of the Department of Education; and (4)(A) raise awareness of efforts in States to carry out the Employment First initiative; and (B) coordinate dissemination efforts related to ABLE accounts and other financial asset development resources through the ABLE National Resource Center and the Department of the Treasury. (b) Application.-- (1) In general.--To be eligible to receive a grant under this section, a nonprofit entity shall submit an application to the Secretary at such time, in such manner, and including such information that the Secretary may reasonably require. (2) Contents.--Each application submitted under paragraph (1) shall include-- (A) a description of the nonprofit entity's expertise in providing technical assistance that shall include evidence of-- (i) knowledge of transforming business and program models providing employment using special certificates to models providing competitive integrated employment and integrated services; (ii) knowledge of methods for supporting employers, including employers not receiving a grant or assistance through a grant under title I, to transform as described in clause (i); (iii) experience working with nonprofit, for-profit, Federal, State, and local agencies focusing on employment of youth and adults who are people with disabilities; and (iv) experience working with people with disabilities and their families; (B) a description of the nonprofit entity's expertise in providing, collecting, compiling, communicating, and disseminating information about program and systems change for programs serving people with disabilities that shall include-- (i) expertise documenting program change; (ii) experience compiling recommended practices related to program transformations; (iii) expertise regarding competitive integrated employment for youth and adults who are people with disabilities; (iv) expertise working with people with disabilities and their families through systems change procedures; (v) expertise creating accessible products to disseminate learned information, including through web-based means; (vi) experience creating accessible websites to disseminate information; (vii) experience working with nonprofit, for-profit, Federal, State, and local agencies focusing on employment of youth and adults who are people with disabilities; (viii) experience with assisting youth who are people with disabilities in transitioning from receiving services under the Individuals with Disabilities Education Act (20 U.S.C. 1401 et seq.) and from kindergarten through grade 12 to inclusive postsecondary education and competitive integrated employment; and (ix) experience leveraging resources, available through the Office of Disability Employment Policy and the Employment and Training Administration, that are designed to provide effective and efficient services to job seekers who are people with disabilities in competitive integrated employment settings; and (C) a description of the individuals at the nonprofit entity who will be responsible for carrying out the activities under this title. (3) Duration of award.--A grant under this section shall be awarded for a period of 6 years, and shall be non-renewable. (4) Nonprofit entity defined.--In this section, the term ``nonprofit entity'' means a nonprofit entity with expertise in collecting, compiling, communicating, and disseminating information about program and systems change for programs serving people with disabilities. TITLE IV--REPORTING AND EVALUATION SEC. 401. IMPACT EVALUATION AND REPORTING. (a) In General.--Not later than 6 months after the date of enactment of this Act, the Secretary shall enter into a contract with a nonprofit entity with experience in conducting evaluations of program and systems change efforts to-- (1) conduct a multi-year evaluation on the impact of this Act, including the amendments made by this Act, with respect to people with disabilities (including such people receiving a wage rate under section 14(c) of the Fair Labor Standards Act of 1938 (29 U.S.C. 214(c)), as amended by title II); and (2) prepare the reports described in subsection (c). (b) Evaluation.--In carrying out subsection (a)(1), the nonprofit entity awarded a contract under this section shall evaluate-- (1) changes in wages and employment for people described in subsection (a)(1); and (2) actions taken by employers and States to comply with the amendments made by title II and, in the case of an employer or State receiving funds under title I, to comply with the transformation requirements under such title. (c) Reports.--The Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Labor of the House of Representatives, the following reports on the evaluation conducted under subsection (a)(1): (1) An interim report on the evaluation, not later than 3 years after the evaluation commences under subsection (a)(1). (2) A final report on such evaluation, not later than 18 months after the date on which the legal effect of special certificates expire pursuant to paragraph (7) of section 14(c) of the Fair Labor Standards Act of 1938 (29 U.S.C. 214(c)), as added by title II. SEC. 402. WAGE AND HOUR REPORTS. (a) In General.--For each year of the 5-year period described in section 14(c)(1)(A) of the Fair Labor Standards Act of 1938 (29 U.S.C. 214(c)(1)(A)), as amended by title II, the Secretary (acting through the Administrator of the Wage and Hour Division), in coordination with the Civil Rights Division of the Department of Justice, shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Labor of the House of Representatives, an annual report summarizing practices of employers providing employment using special certificates, which, with respect to the preceding year, shall include-- (1) the number of employees (of such employers) who are people with disabilities and who are compensated at a rate that is less than-- (A) the higher of the rate specified in section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)) or the rate specified in the applicable State or local minimum wage law; or (B) the customary rate paid by the employer for the same or similar work performed by other employees who are not people with disabilities, and who are similarly situated in similar occupations by the same employer and who have similar training, experience, and skills; (2) the type of employment setting (such as segregated employment or competitive integrated employment) and the integrated services provided by such employers; (3) the average hourly wage, minimum and maximum hourly wage, and average hours worked per week of employees described in paragraph (1), disaggregated by employer and by State; (4) the aggregate demographic characteristics of employees described in paragraph (1), including the gender, ethnicity, race, and type of disability of such employees; and (5) the number of employees who have transitioned from employment provided under a special certificate to competitive integrated employment, disaggregated by employer and by State. (b) Report on Audit of Existing Special Certificate Holders.--Not later than 1 year after the date of enactment of this Act, the Secretary (acting through the Administrator of the Wage and Hour Division) shall-- (1) conduct an audit of not less than 10 percent of employers providing employment to employees using special certificates, as of the date of enactment of this Act, which shall include an audit of-- (A) the training and support provided to such employees to promote their transition to competitive integrated employment; (B) the actions taken by employers to identify competitive integrated employment for such employees; and (C) the wages of such employees, including whether such wages are at a rate that is less than-- (i) the higher of the rate specified in section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)) or the rate specified in the applicable State or local minimum wage law; or (ii) the customary rate paid by the employer for the same or similar work performed by other employees who are not people with disabilities, and who are similarly situated in similar occupations by the same employer and who have similar training, experience, and skills; and (2) submit a report on such audit to the Committee on Health, Education, Labor, and Pensions of the Senate, the Special Committee on Aging of the Senate, and the Committee on Education and Labor of the House of Representatives. TITLE V--GENERAL PROVISIONS SEC. 501. DEFINITIONS. In this Act: (1) ABLE account.--The term ``ABLE account'' has the meaning given such term in section 529A(e)(6) of the Internal Revenue Code of 1986. (2) Competitive integrated employment.--The term ``competitive integrated employment'' has the meaning given the term in section 7(5) of the Rehabilitation Act of 1973 (29 U.S.C. 705(5)). (3) Disability.--The term ``disability'' includes any intellectual, developmental, mental health, or other disability. (4) Integrated community participation and wraparound services; integrated services.-- (A) In general.--Except as provided in subparagraph (B), the terms ``integrated community participation and wraparound services'' or ``integrated services'' mean services for people with disabilities that are-- (i) designed to assist such people in developing skills and abilities to reside successfully in home and community-based settings; (ii) provided in accordance with a person- centered written plan of care; (iii) created using evidence-based practices that lead to such people-- (I) maintaining competitive integrated employment; (II) achieving independent living; or (III) maximizing socioeconomic self-sufficiency, optimal independence, and full participation in the community; (iv) provided in a community location that is not specifically intended for people with disabilities; (v) provided in a location that-- (I) allows the people receiving the services to interact with people without disabilities to the fullest extent possible; and (II) makes it possible for the people receiving the services to access community resources that are not specifically intended for people with disabilities and to have the same opportunity to participate in the community as people who do not have a disability; (vi) provided in multiple locations to allow the individual receiving the services to have options, thereby-- (I) optimizing individual initiative, autonomy, and independence; and (II) facilitating choice regarding services and supports, and choice regarding the provider of such services; and (vii) in compliance with the Home and Community-Based Services (HCBS) final rule published on January 16, 2014 (79 Fed. Reg. 2948), or a successor rule. (B) Exclusions.--The terms ``integrated community participation and wraparound services'' or ``integrated services'' shall not include a service provided in any of the following settings: (i) A nursing facility. (ii) An institution for people with mental diseases. (iii) An intermediate care facility for people with intellectual disabilities. (iv) A congregate setting in which an individual does not have the ability, at the time preferred by the individual and in accordance with other preferences of the individual, to access services supporting the full inclusion and engagement of the individual in the greater community. (5) Local board; local plan.--The terms ``local board'' and ``local plan'' have the meanings given such terms in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102). (6) Olmstead decision.--The term ``Olmstead decision'' means the decision of the Supreme Court of the United States in Olmstead v. L.C., 527 U.S. 581 (1999). (7) Olmstead plan.--The term ``Olmstead plan'', with respect to a State, means the plan of the State for complying with the holding in the Olmstead decision. (8) People with disabilities.--The term ``people with disabilities'' includes individuals described in section 14(c)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 214(c)(1)). (9) Secretary.--The term ``Secretary'' means the Secretary of Labor. (10) Special certificate.--The term ``special certificate'' means a special certificate issued under section 14(c) of the Fair Labor Standards Act of 1938 (29 U.S.C. 214(c)). (11) State.--The term ``State'' means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, and the territory of Guam. (12) State board.--The term ``State board'' has the meaning given such term in section 3 of the Workforce Innovation and Opportunity Act. (13) Workforce development system.--The term ``workforce development system'' has the meaning given such term in section 3 of the Workforce Innovation and Opportunity Act. SEC. 502. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated to carry out this Act, $200,000,000 for each of fiscal years 2022 through 2026. (b) Technical Assistance.--From amounts made available under subsection (a) for each fiscal year, 1 percent shall be allocated for the activities under title III. <all>

Transformation to Competitive Integrated Employment Act

A bill to assist employers providing employment under special certificates issued under section 14(c) of the Fair Labor Standards Act of 1938 in transforming their business and program models to models that support people with disabilities through competitive integrated employment, to phase out the use of such special certificates, and for other purposes.

Transformation to Competitive Integrated Employment Act

Sen. Casey, Robert P., Jr.

D

PA

H.R.9484

Government Operations and Politics

Election Mail Act This bill addresses the delivery and processing of election mail. Among other provisions, the bill requires same-day processing of mail-in ballots by the U.S. Postal Service, establishes certain standards for mail-in ballots, and requires states to count mail-in ballots that are postmarked by election day and arrive within seven days after the election.

To amend title 39, United States Code, and the Help America Vote Act of 2002 to improve procedures and requirements related to election mail. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Election Mail Act''. SEC. 2. SAME-DAY PROCESSING OF ABSENTEE BALLOTS. (a) In General.--Chapter 34 of title 39, United States Code, is amended by adding at the end the following: ``Sec. 3407. Same-day processing of ballots ``(a) In General.--The Postal Service shall ensure, to the maximum extent practicable, that any ballot carried by the Postal Service is processed by and cleared from any postal facility or post office on the same day that the ballot is received by that facility or post office. ``(b) Definitions.--As used in this section-- ``(1) the term `ballot' means any ballot transmitted by a voter by mail in an election for Federal office, but does not include any ballot covered by section 3406; and ``(2) the term `election for Federal office' means a general, special, primary, or runoff election for the office of President or Vice President, or of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress.''. (b) Conforming Amendments.-- (1) Amendment to chapter heading.--The heading for chapter 34 of title 39, United States Code, is amended by striking ``ARMED FORCES AND FREE POSTAGE'' and inserting ``ARMED FORCES; FREE POSTAGE; ELECTION MAIL''. (2) Table of chapters.--The table of chapters for part IV of title 39, United States Code, is amended by striking the item relating to chapter 34 and inserting the following: ``34. Armed Forces; Free Postage; Election Mail............. 3401''. (3) Technical and conforming amendment.--The table of sections for chapter 34 of title 39, United States Code, is amended by adding at the end the following: ``3407. Same-day processing of ballots.''. (c) Effective Date.--The amendments made by this subsection shall apply to absentee ballots relating to an election for Federal office occurring on or after the date that is 60 days after the date of the enactment of this Act. SEC. 3. INTELLIGENT MAIL BARCODES FOR BALLOTS. (a) In General.--Title III of the Help America Vote Act of 2002 (52 U.S.C. 21081) is amended-- (1) by redesignating section 311 and section 312 as sections 321 and 322, respectively; (2) by redesignating subtitle B as subtitle C; and (3) by inserting after subtitle A the following new subtitle: ``Subtitle B--Requirements Relating to Mailed Ballots ``SEC. 311. USE OF INTELLIGENT MAIL BARCODES. ``(a) In General.--Each State and jurisdiction shall provide with each ballot for an election for Federal office that is sent by mail a return envelope that contains an intelligent mail barcode, as prescribed by the United States Postal Service. ``(b) Exception.--Subsection (a) shall not apply to any ballot for which a State or jurisdiction uses an alternative system that enables voters to track the ballot through the mail. ``(c) Effective Date.--The requirements of this section shall apply to elections for Federal office occurring on or after January 1, 2023.''. (b) Enforcement.--Section 401 of the Help America Vote Act of 2002 (52 U.S.C. 21111) is amended by inserting ``or the requirements for mailed ballots under subtitle B of title III'' before the period at the end. (c) Conforming Amendment.--Section 321(a) of such Act (52 U.S.C. 21101), as redesignated by subsection (a), is amended by striking ``section 312'' and inserting ``section 322''. (d) Clerical Amendments.--The table of contents of such Act is amended-- (1) by striking ``Subtitle B--Voluntary'' and inserting ``Subtitle C--Voluntary''; (2) redesignating the items relating to sections 311 and 312 as relating to sections 321 and 322, respectively; and (3) by inserting after the item relating to section 305 the following: ``Subtitle B--Requirements Relating to Mailed Ballots ``Sec. 311. Use of intelligent mail barcodes.''. SEC. 4. ELECTION MAIL AND DELIVERY IMPROVEMENTS. (a) Postmark Required for Ballots.-- (1) In general.--Chapter 34 of title 39, United States Code, as amended by section 2, is amended by adding at the end the following: ``Sec. 3408. Postmark required for ballots ``(a) In General.--In the case of any absentee ballot carried by the Postal Service, the Postal Service shall indicate on the ballot envelope, using a postmark or otherwise-- ``(1) the fact that the ballot was carried by the Postal Service; and ``(2) the date on which the ballot was mailed. ``(b) Definitions.--As used in this section-- ``(1) the term `absentee ballot' means any ballot transmitted by a voter by mail in an election for Federal office, but does not include any ballot covered by section 3406; and ``(2) the term `election for Federal office' means a general, special, primary, or runoff election for the office of President or Vice President, or of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress.''. (2) Technical and conforming amendment.--The table of sections for chapter 34 of title 39, United States Code, as amended by section 2(a), is amended by adding at the end the following: ``3408. Postmark required for ballots.''. (3) Effective date.--The amendments made by this subsection shall apply to absentee ballots relating to an election for Federal office occurring on or after the date that is 60 days after the date of the enactment of this Act. (b) Greater Visibility for Ballots.-- (1) In general.--Subtitle C of title III of the Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as added by section 3, is amended by adding at the end the following new section: ``SEC. 312. BALLOT VISIBILITY. ``(a) In General.--Each State or local election official shall-- ``(1) affix Tag 191, Domestic and International Mail-In Ballots (or any successor tag designated by the United States Postal Service), to any tray or sack of official ballots relating to an election for Federal office that is destined for a domestic or international address; ``(2) use the Official Election Mail logo to designate official ballots relating to an election for Federal office that is destined for a domestic or international address; and ``(3) if an intelligent mail barcode (as described in section 311) is utilized for any official ballot relating to an election for Federal office that is destined for a domestic or international address, ensure the specific ballot service type identifier for such mail is visible. ``(b) Effective Date.--The requirements of this section shall apply to elections for Federal office occurring on or after the date that is 60 days after the date of the enactment of this section.''. (2) Issuance of voluntary guidance by election assistance commission.--Section 321(b) of such Act (52 U.S.C. 21101(b)), as redesignated by section 3, is amended-- (A) by striking ``and'' at the end of paragraph (2); (B) by striking the period at the end of paragraph (3) and inserting ``; and''; and (C) by adding at the end the following new paragraph: ``(4) in the case of the recommendations with respect to section 312, the date described in section 312(b).''. (3) Clerical amendment.--The table of contents of such Act, as amended by section 3, is amended by inserting after the item relating to section 311 the following new item: ``Sec. 312. Ballot visibility.''. SEC. 5. CARRIAGE OF ELECTION MAIL. (a) Treatment of Election Mail.-- (1) Treatment as first-class mail; free postage.--Chapter 34 of title 39, United States Code, as amended by section 2 and section 3(a), is amended by adding at the end the following: ``Sec. 3409. Domestic election mail; restriction of operational changes prior to elections ``(a) Definitions.--In this section: ``(1) Election for federal office.--The term `election for Federal office' means a general, special, primary, or runoff election for the office of President or Vice President, or of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress. ``(2) Election mail.--The term `election mail' means-- ``(A) a blank or completed voter registration application form, voter registration card, or similar materials, relating to an election for Federal office; ``(B) a blank or completed absentee and other mail- in ballot application form, and a blank or completed absentee or other mail-in ballot, relating to an election for Federal office, and ``(C) other materials relating to an election for Federal office that are mailed by a State or local election official to an individual who is registered to vote. ``(b) Carriage of Election Mail.--Election mail (other than balloting materials covered under section 3406 (relating to the Uniformed and Overseas Absentee Voting Act)), individually or in bulk, shall be carried in accordance with the service standards established for first-class mail under section 3691. ``(c) No Postage Required for Completed Ballots.--Completed absentee or other mail-in ballots (other than balloting materials covered under section 3406 (relating to the Uniformed and Overseas Absentee Voting Act)) shall be carried free of postage. ``(d) Restriction of Operational Changes.--During the 120-day period which ends on the date of an election for Federal office, the Postal Service may not carry out any new operational change that would restrict the prompt and reliable delivery of election mail. This subsection applies to operational changes which include-- ``(1) removing or eliminating any mail collection box without immediately replacing it; and ``(2) removing, decommissioning, or any other form of stopping the operation of mail sorting machines, other than for routine maintenance. ``(e) Election Mail Coordinator.--The Postal Service shall appoint an Election Mail Coordinator at each area office and district office to facilitate relevant information sharing with State, territorial, local, and Tribal election officials in regards to the mailing of election mail.''. (2) Reimbursement of postal service for revenue forgone.-- Section 2401(c) of title 39, United States Code, is amended by striking ``sections 3217 and 3403 through 3406'' and inserting ``sections 3217, 3403 through 3406, and 3409''. (b) Technical and Conforming Amendment.--The table of sections for chapter 34 of title 39, United States Code, as amended by section 2 and section 3(a), is amended by adding at the end the following: ``3409. Domestic election mail; restriction of operational changes prior to elections.''. (c) Effective Date.--The amendments made by this section shall take effect upon the expiration of the 180-day period which begins on the date of the enactment of this section. SEC. 6. UNITED STATES POSTAL SERVICE CONSULTATION. (a) In General.--The Postmaster General shall consult with Indian Tribes, on an annual basis, regarding issues relating to the United States Postal Service that present barriers to voting for eligible voters living on Indian lands. (b) Definitions.--For purposes of this section-- (1) Indian lands.--The term ``Indian lands'' means-- (A) any Indian country, as such term is defined in section 1151 of title 18, United States Code, of an Indian Tribe; (B) any land in Alaska that is owned, pursuant to the Alaska Native Claims Settlement Act, by an Indian Tribe that is a Native village (as such term is defined in section 3 of such Act), or by a Village Corporation that is associated with the Indian Tribe (as such term is defined in section 3 of such Act); (C) any land on which the seat of government of the Indian Tribe is located; and (D) any land that is part or all of a tribal designated statistical area associated with the Indian Tribe, or is part or all of an Alaska Native village statistical area associated with the Tribe, as defined by the Bureau of the Census for the purposes of the most recent decennial census. (2) Indian tribe.--The term ``Indian Tribe'' means the recognized governing body of any Indian or Alaska Native Tribe, band, nation, pueblo, village, community, component band, or component reservation, individually identified (including parenthetically) in the list published most recently pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131). SEC. 7. UNIFORM DEADLINE FOR ACCEPTANCE OF MAILED BALLOTS. (a) In General.--Subtitle C of title III of the Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as added by section 3 and amended by section 4, is amended by adding at the end the following new section: ``SEC. 313. UNIFORM DEADLINE FOR ACCEPTANCE OF MAILED BALLOTS. ``(a) In General.--A State or local election official may not refuse to accept or process a ballot submitted by an individual by mail with respect to an election for Federal office in the State on the grounds that the individual did not meet a deadline for returning the ballot to the appropriate State or local election official if-- ``(1) the ballot is postmarked or otherwise indicated by the United States Postal Service to have been mailed on or before the date of the election; and ``(2) the ballot is received by the appropriate election official prior to the expiration of the 7-day period which begins on the date of the election. ``(b) Rule of Construction.--Nothing in this section shall be construed to prohibit a State from having a law that allows for counting of ballots in an election for Federal office that are received through the mail after the date that is 7 days after the date of the election. ``(c) Effective Date.--This section shall apply with respect to elections for Federal office occurring on or after January 1, 2023.''. (b) Clerical Amendment.--The table of contents of such Act, as amended by sections 3 and 4, is amended by inserting after the item relating to section 312 the following new item: ``Sec. 313. Uniform deadline for acceptance of mailed ballots.''. SEC. 8. APPLICATION OF HELP AMERICA VOTE ACT OF 2002 TO COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS. Section 901 of the Help America Vote Act of 2002 (52 U.S.C. 21141) is amended by striking ``and the United States Virgin Islands'' and inserting ``the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands''. <all>

Election Mail Act

To amend title 39, United States Code, and the Help America Vote Act of 2002 to improve procedures and requirements related to election mail.

Election Mail Act

Rep. Williams, Nikema

D

GA

H.R.6273

Armed Forces and National Security

VA Zero Suicide Demonstration Project Act of 2021 This bill requires the Department of Veterans Affairs (VA) to establish the Zero Suicide Initiative pilot program for the purpose of improving safety and suicide care for veterans. The program must be implemented at five VA medical centers, including one that serves veterans in rural and remote areas.

To direct the Secretary of Veterans Affairs to establish the Zero Suicide Initiative pilot program of the Department of Veterans Affairs. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``VA Zero Suicide Demonstration Project Act of 2021''. SEC. 2. ZERO SUICIDE INITIATIVE PILOT PROGRAM. (a) Establishment.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall establish a pilot program called the ``Zero Suicide Initiative'' (referred to in this section as the ``program''). (b) Curriculum.--The program shall implement the curriculum of the Zero Suicide Institute of the Education Development Center (referred to in this section as the ``Institute'') to improve safety and suicide care for veterans, thereby significantly reducing rates of suicide. (c) Development.-- (1) In general.--The first year of the program shall be dedicated to program development, including planning and site selection. (2) Consultation.--In developing the program, the Secretary shall consult with-- (A) the Secretary of Health and Human Services; (B) the National Institutes of Health; (C) public and private institutions of higher education; (D) educators; (E) experts in suicide assessment, treatment, and management; (F) veterans service organizations; and (G) professional associations the Secretary of Veterans Affairs determines relevant to the purposes of the program. (d) Staff Leaders; Program Elements.--The program shall consist of not less than ten weeks of education regarding suicide care, beginning with the selection of five to ten staff leaders from each site selected under subsection (e) who shall carry out the following program elements: (1) Complete the organizational self-study of the Institute as a team. (2) Attend the two-day Zero Suicide Academy of the Institute. (3) Formulate a plan to collect data to support evaluation and quality improvement using the data elements worksheet of the Institute. (4) Communicate to staff at the respective site the adoption of a specific suicide care approach. (5) Administer the workforce survey of the Institute to all staff at the respective site to learn more about perceived comfort with and competence in caring for patients at risk of suicide. (6) Review, develop, and implement training on processes and policies regarding patients at risk of suicide, including-- (A) screening; (B) assessment; (C) use of electronic health records; (D) risk formulation; (E) treatment; and (F) care transition. (e) Sites.-- (1) Number.--The Secretary shall carry out the program at five medical centers of the Department of Veterans Affairs, one of which primarily serves veterans who live in rural and remote areas as determined by the Secretary. (2) Timeline.--The Secretary shall select-- (A) 15 candidate sites for the program not later than 180 days after the date of the enactment of this Act; and (B) the final five sites not later than 270 days after the date of the enactment of this Act. (3) Consultation.--In selecting sites at which to carry out the program, the Secretary shall consult with experts including officials of-- (A) the National Institute of Mental Health; (B) the Substance Abuse and Mental Health Services Administration of the Department of Health and Human Services; (C) the Office of Mental Health and Suicide Prevention of the Department of Veterans Affairs; (D) the Health Services Research Division of the Department of Veterans Affairs; (E) the Office of Health Care Transformation of the Department of Veterans Affairs; and (F) the Zero Suicide Institute. (4) Factors.--In selecting sites for the program, the Secretary shall consider the following factors: (A) Interest in, and capacity of, the staff of the medical centers to implement the program. (B) Geographic variation. (C) Variations in size of medical centers. (D) Regional suicide rates of veterans. (E) Demographic and health characteristics of populations served by each medical center. (f) Annual Progress Report.-- (1) In general.--Not later than two years after the date on which the Secretary establishes the program, and annually thereafter until termination of the program, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the program. (2) Elements.--Each report under paragraph (1) shall include the following: (A) Progress of staff leaders at each site in carrying out tasks under paragraphs (1) through (5) of subsection (d). (B) The percentage of staff at each site trained under paragraph (6) of subsection (d). (C) An assessment of whether policies and procedures implemented at each site align with standards of the Institute with regards to-- (i) suicide screening; (ii) lethal means counseling; (iii) referrals for comprehensive assessment of suicidality; (iv) safety planning for patients receiving referrals under clause (iii); (v) risk management during care transitions; and (vi) outreach to high-risk patients. (D) A comparison of the suicide-related outcomes at program sites and those of other medical centers of the Department of Veterans Affairs, including-- (i) the percentage of patients screened for suicide risk; (ii) the percentage of patients counseled in lethal means safety; (iii) the percentage of patients screened for suicide risk referred for comprehensive assessment of suicidality; (iv) the percentage of patients referred for comprehensive assessment who complete safety planning; (v) emergency department utilization; (vi) inpatient psychiatric hospitalizations; (vii) the number of suicide attempts among all patients and among patients referred for comprehensive assessment of suicidality; and (viii) the number of suicide deaths among all patients and among patients referred for comprehensive assessment of suicidality. (g) Final Report.-- (1) In general.--Not later than one year after the termination of the program, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a final report. (2) Elements.--The report under paragraph (1) shall include the following: (A) A detailed analysis of information in the annual reports under subsection (f). (B) An evaluation of the effectiveness and outcomes of the program, including an evaluation of all data collected during the program. (C) The determination of the Secretary whether it is feasible to continue the program. (D) The recommendations of the Secretary whether to expand the program to additional sites, extend the program, or make the program permanent. (h) Termination; Extension.-- (1) In general.--Subject to paragraph (2), the program shall terminate on the date that is five years after the date on which the Secretary establishes the program under subsection (a). (2) Authority to extend.--The Secretary may extend the program for not more than two years if the Secretary notifies Congress in writing of such extension not less than 180 days before the termination date under paragraph (1). <all>

VA Zero Suicide Demonstration Project Act of 2021

To direct the Secretary of Veterans Affairs to establish the Zero Suicide Initiative pilot program of the Department of Veterans Affairs.

VA Zero Suicide Demonstration Project Act of 2021

Rep. Lee, Susie

D

NV

S.1764

International Affairs

Protecting Our Well-being by Expanding Russian Sanctions Act or the POWERS Act This bill expands existing sanctions against foreign persons engaged in certain activities related to the Nord Stream 2 and TurkStream pipelines, two Russian pipelines that were constructed to supply natural gas to Europe. Currently, these sanctions apply to foreign persons that (1) provided pipe-laying vessels for the construction of either pipeline, (2) facilitated certain transactions for such vessels, (3) provided certain underwriting services or insurance for such vessels, or (4) provided certain services for such vessels or Nord Stream 2. Under this bill, these sanctions must also apply to any foreign person that engaged in any transaction with such sanctioned persons. The bill also reinstates any sanctions that were previously waived with respect to Nord Stream 2 AG (the company established to construct and operate the pipeline) or any of its corporate officers. Such reinstated sanctions may not be waived except by an act of Congress.

To expand the Protecting Europe's Energy Security Act of 2019 and require the reinstatement of sanctions waived with respect to Nord Stream 2 AG and corporate officers of Nord Stream 2 AG. Be it enacted by the Senate 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 Well-being by Expanding Russian Sanctions Act'' or the ``POWERS Act''. SEC. 2. EXPANSION OF PROTECTING EUROPE'S ENERGY SECURITY ACT OF 2019. Section 7503(a)(1)(B) of the Protecting Europe's Energy Security Act of 2019 (title LXXV of Public Law 116-92; 22 U.S.C. 9526 note) is amended-- (1) in clause (iv), by striking ``; or'' and inserting a semicolon; (2) in clause (v), by striking ``; and'' and inserting ``; or''; and (3) by adding at the end the following: ``(vi) engaged in any transaction with any foreign person described in any of clauses (i) through (v); and''. SEC. 3. REINSTATEMENT OF WAIVED SANCTIONS. Any sanctions under section 7503 of the Protecting Europe's Energy Security Act of 2019 (title LXXV of Public Law 116-92; 22 U.S.C. 9526 note) or any other provision of law waived with respect to Nord Stream 2 AG or any corporate officer of Nord Stream 2 AG before the date of the enactment of this Act-- (1) shall be reinstated; and (2) notwithstanding subsection (f) of that section, may not be waived except pursuant to an Act of Congress. <all>

POWERS Act

A bill to expand the Protecting Europe's Energy Security Act of 2019 and require the reinstatement of sanctions waived with respect to Nord Stream 2 AG and corporate officers of Nord Stream 2 AG.

POWERS Act Protecting Our Well-being by Expanding Russian Sanctions Act

Sen. Cramer, Kevin

R

ND

H.R.2674

Taxation

Superfund Reinvestment Act This bill authorizes the use of amounts in the Hazardous Substance Superfund for environmental cleanup costs under the Superfund program (which provides funding to clean up sites contaminated with hazardous substances). Receipts and disbursements of the Hazardous Substance Superfund must (1) not be counted for purposes of the President's budget, the congressional budget, the Balanced Budget and Emergency Deficit Control Act of 1985, or the Statutory Pay-As-You-Go Act of 2010; (2) be exempt from general budget limitations imposed by statute on expenditures and net lending (budget outlays); and (3) be available only for the allowable uses specified for the Superfund. This bill (1) reinstates and adjusts for inflation annually after 2021, the Hazardous Substance Superfund financing rate and the corporate environmental income tax threshold amount; and (2) extends the borrowing authority of the Superfund through 2029.

To amend the Internal Revenue Code of 1986 to provide for the use of funds in the Hazardous Substance Superfund for the purposes for which they were collected, to ensure adequate resources for the cleanup of hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Superfund Reinvestment Act''. SEC. 2. USE OF HAZARDOUS SUBSTANCE SUPERFUND FOR CLEANUP. (a) Availability of Amounts.--Section 111 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9611) is amended-- (1) in subsection (a) by striking ``For the purposes specified'' and all that follows through ``for the following purposes:'' and inserting the following: ``The amount in the Hazardous Substance Superfund established under section 9507 of the Internal Revenue Code of 1986 shall be available, without further appropriation, to be used for the purposes specified in this section. The President shall use such amount for the following purposes:''; and (2) in subsection (c)-- (A) by striking ``Subject to such amounts as are provided in appropriations Acts, the'' each place it appears and inserting ``The''; and (B) in paragraph (12) by striking ``to the extent that such costs'' and all that follows through ``and 1994''. (b) Amendment to the Internal Revenue Code.--Section 9507 of the Internal Revenue Code of 1986 is amended-- (1) by striking ``appropriated to'' in subsection (a)(1) and inserting ``made available for''; (2) by striking ``appropriated'' in subsection (b) and inserting ``transferred''; (3) by striking ``, as provided in appropriations Acts,'' in subsection (c)(1); and (4) by striking ``December 31, 1995'' in subsection (d)(3)(B) and inserting ``December 31, 2029''. SEC. 3. BUDGETARY TREATMENT OF HAZARDOUS SUBSTANCE SUPERFUND. Notwithstanding any other provision of law, the receipts and disbursements of the Hazardous Substance Superfund established in section 9507 of the Internal Revenue Code of 1986-- (1) shall not be counted as new budget authority, outlays, receipts, or deficit or surplus for purposes of-- (A) the budget of the United States Government as submitted by the President; (B) the congressional budget (including allocations of budget authority and outlays provided therein); (C) the Balanced Budget and Emergency Deficit Control Act of 1985; or (D) the Statutory Pay-As-You-Go Act of 2010; (2) shall be exempt from any general budget limitation imposed by statute on expenditures and net lending (budget outlays) of the United States Government; and (3) shall be available only for the purposes specified in section 111 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9611). SEC. 4. MODIFICATION OF SUPERFUND TAXES. (a) Hazardous Substance Superfund Financing Rate.-- (1) Extension.--Subsection (e) of section 4611 of the Internal Revenue Code of 1986 is amended to read as follows: ``(e) Application of Hazardous Substance Superfund Financing Rate.--The Hazardous Substance Superfund financing rate under this section shall apply after December 31, 1986, and before January 1, 1996, and after the date of the enactment of the Superfund Reinvestment Act.''. (2) Adjustment for inflation.-- (A) Section 4611(c)(2)(A) of such Code is amended by striking ``9.7 cents'' and inserting ``16.4 cents''. (B) Section 4611(c) of such Code is amended by adding at the end the following: ``(3) Adjustment for inflation.-- ``(A) In general.--In the case of a year beginning after 2021, the amount in paragraph (2)(A) shall be increased by an amount equal to-- ``(i) such amount, multiplied by ``(ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year, determined by substituting `calendar year 2020' for `calendar year 2016' in subparagraph (A)(ii) thereof. ``(B) Rounding.--If any amount as adjusted under subparagraph (A) is not a multiple of $0.01, such amount shall be rounded to the next lowest multiple of $0.01.''. (b) Adjustment of Excise Tax on Certain Chemicals for Inflation.-- Section 4661(b) of such Code is amended to read as follows: ``(b) Amount of Tax.-- ``(1) In general.--The amount of the tax imposed by subsection (a) shall be determined in accordance with the following table: ------------------------------------------------------------------------ The tax is the ``In the case of: following amount per ton: ------------------------------------------------------------------------ Acetylene $14.30 Benzene 14.30 Butane 14.30 Butylene 14.30 Butadiene 14.30 Ethylene 14.30 Methane 10.10 Naphthalene 14.30 Propylene 14.30 Toluene 14.30 Xylene 14.30 Ammonia 7.75 Antimony 13.06 Antimony trioxide 11.01 Arsenic 13.06 Arsenic trioxide 10.01 Barium sulfide 6.75 Bromine 13.06 Cadmium 13.06 Chlorine 7.93 Chromium 13.06 Chromite 4.46 Potassium dichromate 4.96 Sodium dichromate 5.49 Cobalt 13.06 Cupric sulfate 5.49 Cupric oxide 10.54 Cuprous oxide 11.66 Hydrochloric acid 0.85 Hydrogen fluoride 12.42 Lead oxide 12.15 Mercury 13.06 Nickel 13.06 Phosphorus 13.06 Stannous chloride 8.37 Stannic chloride 6.22 Zinc chloride 6.52 Zinc sulfate 5.58 Potassium hydroxide 0.65 Sodium hydroxide 0.82 Sulfuric acid 0.76 Nitric acid 0.70. ------------------------------------------------------------------------ ``(2) Adjustment for inflation.-- ``(A) In general.--In the case of a calendar year beginning after 2021, each of the amounts in the table in paragraph (1) shall be increased by an amount equal to-- ``(i) such amount, multiplied by ``(ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year, determined by substituting `calendar year 2020' for `calendar year 2016' in subparagraph (A)(ii) thereof. ``(B) Rounding.--If any amount as adjusted under subparagraph (A) is not a multiple of $0.01, such amount shall be rounded to the next lowest multiple of $0.01.''. (c) Corporate Environmental Income Tax Reinstated.-- (1) In general.--Subchapter A of chapter 1 of such Code is amended by inserting after part VII the following: ``PART VIII--ENVIRONMENTAL TAX ``Sec. 59B. Environmental tax. ``SEC. 59B. ENVIRONMENTAL TAX. ``(a) Imposition of Tax.--In the case of a corporation, there is hereby imposed (in addition to any other tax imposed by this subtitle) a tax equal to 0.12 percent of the excess of-- ``(1) the modified environmental tax taxable income of such corporation for the taxable year, over ``(2) $4,700,000. ``(b) Modified Environmental Tax Taxable Income.--For purposes of this section, the term `modified environmental tax taxable income' means taxable income determined without regard to-- ``(1) the net operating loss deduction allowable under section 172, and ``(2) the deduction allowed under section 164(a)(5). ``(c) Exception for RICs and REITs.--The tax imposed by subsection (a) shall not apply to-- ``(1) a regulated investment company to which part I of subchapter M applies, and ``(2) a real estate investment trust to which part II of subchapter M applies. ``(d) Special Rules.-- ``(1) Short taxable years.--The application of this section to taxable years of less than 12 months shall be in accordance with regulations prescribed by the Secretary. ``(2) Section 15 not to apply.--Section 15 shall not apply to the tax imposed by this section. ``(e) Adjustment for Inflation.-- ``(1) In general.--In the case of a taxable year beginning after 2021, the dollar amount in subsection (a)(2) shall be increased by an amount equal to-- ``(A) such amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2020' for `calendar year 2016' in subparagraph (A)(ii) thereof. ``(2) Rounding.--If any amount as adjusted under subparagraph (A) is not a multiple of $1,000, such amount shall be rounded to the next lowest multiple of $1,000. ``(f) Application of Tax.--The tax imposed by this section shall apply to taxable years ending after the date of the enactment of the Superfund Reinvestment Act.''. (2) Conforming amendments.-- (A) Paragraph (2) of section 26(b) of such Code is amended by striking ``and'' at the end of subparagraph (X), by striking the period at the end of subparagraph (Y) and inserting ``, and'', and by adding at the end the following new subparagraph: ``(Z) section 59B (relating to environmental tax).''. (B) Subsection (a) of section 164 of such Code is amended by inserting after paragraph (4) the following: ``(5) The environmental tax imposed by section 59B.''. (C) Section 275(a) of such Code is amended by inserting at the end the following flush sentence: ``Paragraph (1) shall not apply to the tax imposed by section 59B.''. (D) Section 882(a)(1) of such Code is amended by striking ``or 59A'' and inserting ``, 59A, or 59B''. (E) Section 1561(a) of such Code is amended by inserting ``and one dollar amount in effect under section 59B(a)(2) for the taxable year for purposes of computing the tax imposed by section 59B'' after ``under section 535(c)(2) and (3)''. (F) Section 6425(c)(1)(A) of such Code is amended by striking ``plus'' at end of clause (i), by striking ``over'' at the end of clause (ii) and inserting ``plus'', and by inserting after clause (ii) the following: ``(iii) the tax imposed by section 59B, over''. (G) Section 6655 of such Code is amended-- (i) in subsections (e)(2)(A)(i) and (e)(2)(B)(i), by striking ``taxable income and modified taxable income'' and inserting ``taxable income, modified taxable income, and modified environmental tax taxable income''; (ii) in subsection (e)(2)(B), by inserting after clause (ii) the following: ``(iii) Modified environmental tax taxable income.--The term `modified environmental tax taxable income' has the meaning given to such term by section 59B(b).''; and (iii) in subsection (g)(1)(A), by striking ``plus'' at the end of clause (ii), by redesignating clause (iii) as clause (iv) and by inserting after clause (ii) the following: ``(iii) the tax imposed by section 59B, plus''. (H) Section 9507(b)(1) of such Code is amended by inserting ``59B,'' before ``4611''. (3) Clerical amendment.--The table of parts for subchapter A of chapter 1 of such Code is amended by inserting after the item relating to part VII the following new item: ``Part VIII. Environmental Tax''. (d) Technical Amendments.-- (1) Subsection (b) of section 4611 of such Code is amended-- (A) by striking ``or exported from'' in paragraph (1)(A); (B) by striking ``or exportation'' in paragraph (1)(B); and (C) by striking ``and Exportation'' in the heading thereof. (2) Paragraph (3) of section 4611(d) of such Code is amended-- (A) by striking ``or exporting the crude oil, as the case may be'' and inserting ``the crude oil''; and (B) by striking ``or exports'' in the heading thereof. (e) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply to oil and petroleum products received or entered during calendar quarters beginning after December 31, 2021. (2) Corporate environmental income tax.--The amendment made by section 4(c) shall apply to taxable years beginning after December 31, 2021. SEC. 5. APPLICABILITY. Except as provided in section 4(f), this Act (including the amendments made by this Act) shall apply to fiscal years beginning after September 30, 2021. <all>

Superfund Reinvestment Act

To amend the Internal Revenue Code of 1986 to provide for the use of funds in the Hazardous Substance Superfund for the purposes for which they were collected, to ensure adequate resources for the cleanup of hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, and for other purposes.

Superfund Reinvestment Act

Rep. Blumenauer, Earl

D

OR

S.1798

Health

Telehealth Improvement for Kids' Essential Services Act or the TIKES Act This bill requires several agencies to promote and evaluate the use of telehealth under Medicaid and the Children's Health Insurance Program (CHIP). Specifically, the bill requires (1) the Centers for Medicare & Medicaid Services to issue guidance to states on ways to increase access to telehealth; (2) the Medicaid and CHIP Payment and Access Commission to study the impact of telehealth on health care access, utilization, costs, and outcomes; and (3) the Government Accountability Office to evaluate federal interagency collaboration with respect to the provision of telehealth services to individuals under the age of 18.

To provide for strategies to increase access to telehealth under the Medicaid program and Children's Health Insurance 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 ``Telehealth Improvement for Kids' Essential Services Act'' or the ``TIKES Act''. SEC. 2. STRATEGIES TO INCREASE ACCESS TO TELEHEALTH UNDER MEDICAID AND CHILDREN'S HEALTH INSURANCE PROGRAM. (a) Guidance.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services shall issue and disseminate guidance to States to clarify strategies to overcome existing barriers and increase access to telehealth under the Medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) and the Children's Health Insurance Program under title XXI of such Act (42 U.S.C. 1397aa et seq.). Such guidance shall include technical assistance and best practices regarding-- (1) telehealth delivery of covered services; (2) recommended voluntary billing codes, modifiers, and place-of-service designations for telehealth and other virtual health care services; (3) the simplification or alignment (including through reciprocity) of provider licensing, credentialing, and enrollment protocols with respect to telehealth across States, State Medicaid plans under such title XIX, and Medicaid managed care organizations, including during national public health emergencies; (4) existing strategies States can use to integrate telehealth and other virtual health care services into value- based health care models; and (5) examples of States that have used waivers under the Medicaid program to test expanded access to telehealth, including during the emergency period described in section 1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b- 5(g)(1)(B)). (b) Studies.-- (1) Telehealth impact on health care access.--Not later than 1 year after the date of the enactment of this Act, the Medicaid and CHIP Payment and Access Commission shall conduct a study, with respect to a minimum of 10 States across geographic regions of the United States, and submit to Congress a report, on the impact of telehealth on health care access, utilization, cost, and outcomes, broken down by race, ethnicity, sex, age, disability status, and zip code. Such report shall-- (A) evaluate cost, access, utilization, outcomes, and patient experience data from across the health care field, including States, Medicaid managed care organizations, provider organizations, and other organizations that provide or pay for telehealth under the Medicaid program and Children's Health Insurance Program; (B) identify barriers and potential solutions to provider entry and participation in telehealth that States are experiencing, as well as barriers to providing telehealth across State lines, including during times of public health crisis or public health emergency; (C) determine the frequency at which out-of-State telehealth is provided to patients enrolled in the Medicaid program and the potential impact on access to telehealth if State Medicaid policies were more aligned; and (D) identify and evaluate opportunities for more alignment among such policies to promote access to telehealth across all States, State Medicaid plans under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.), State child health plans under title XXI of such Act (42 U.S.C. 1397aa et seq.), and Medicaid managed care organizations, including the potential for regional compacts or reciprocity agreements. (2) Federal agency telehealth collaboration.--Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a study and submit to Congress a report evaluating collaboration between Federal agencies with respect to telehealth services furnished under the Medicaid or CHIP program to individuals under the age of 18, including such services furnished to such individuals in early care and education settings. Such report shall include recommendations on-- (A) opportunities for Federal agencies to improve collaboration with respect to such telehealth services; and (B) opportunities for collaboration between Federal agencies to expand telehealth access to such individuals enrolled under the Medicaid or CHIP program, including in early care and education settings. <all>

TIKES Act

A bill to provide for strategies to increase access to telehealth under the Medicaid program and Children's Health Insurance Program, and for other purposes.

TIKES Act Telehealth Improvement for Kids’ Essential Services Act

Sen. Carper, Thomas R.

D

DE

S.2532

Government Operations and Politics

Congressional Whistleblower Protection Act of 2021 This bill creates certain administrative and judicial remedies for federal employees whose right to provide information to Congress is interfered with or denied. Under current law, federal employees have the right to petition or furnish information to Congress or to individual Members of Congress, and this right may not be interfered with or denied. The bill explicitly allows employees who are aggrieved by a violation of this right to seek administrative remedies that are currently available to whistleblowers who are fired or experience other forms of retaliation. The bill also establishes a private right of action for aggrieved employees, including the option of a jury trial, if an administrative remedy is not issued within 210 days of a complaint being made. The bill applies to employees and contractors of the executive, legislative, and judicial branches of government, including members of the intelligence community.

To provide protections for employees of, former employees of, and applicants for employment with Federal agencies, contractors, and grantees whose right to petition or furnish information to Congress is interfered with or denied. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Congressional Whistleblower Protection Act of 2021''. SEC. 2. PROTECTIONS FOR COVERED INDIVIDUALS. Section 7211 of title 5, United States Code, is amended-- (1) by striking ``The right of employees'' and inserting the following: ``(a) In General.--The right of covered individuals''; and (2) by adding at the end the following: ``(b) Remedies.-- ``(1) Administrative remedies.-- ``(A) In general.--A covered individual with respect to a Federal agency (other than a covered individual described in subparagraph (B), (C), or (D)) who is aggrieved by a violation of subsection (a) may seek corrective action under sections 1214 and 1221 in the same manner as an individual who is aggrieved by a prohibited personnel practice described in section 2302(b)(8). ``(B) FBI employees.--A covered individual with respect to the Federal Bureau of Investigation who is aggrieved by a violation of subsection (a) may seek corrective action under section 2303. ``(C) Intelligence community employees.--A covered individual with respect to a covered intelligence community element (as defined in section 1104(a) of the National Security Act of 1947 (50 U.S.C. 3234(a))) who is aggrieved by a violation of subsection (a) may seek corrective action under section 1104 of the National Security Act of 1947 (50 U.S.C. 3234) or subsection (b)(7) or (j) of section 3001 of that Act (50 U.S.C. 3341). ``(D) Contractor employees.--A covered individual with respect to a Federal agency who is an employee of, former employee of, or applicant for employment with, a contractor, subcontractor, grantee, subgrantee, or personal services contractor (as those terms are used in section 2409 of title 10 and section 4712 of title 41) of the agency and who is aggrieved by a violation of subsection (a) of this section may seek corrective action under section 2409 of title 10 or section 4712 of title 41. ``(E) Burden of proof.--The burdens of proof under subsection (e) of section 1221 shall apply to an allegation of a violation of subsection (a) of this section made under subparagraph (A), (B), (C), or (D) of this paragraph in the same manner as those burdens of proof apply to an allegation of a prohibited personnel practice under such section 1221. ``(F) Class of individuals entitled to seek corrective action.--The right to seek corrective action under subparagraph (A), (B), (C), or (D) shall apply to a covered individual who is an employee of, former employee of, or applicant for employment with, a Federal agency described in the applicable subparagraph or a contractor, subcontractor, grantee, subgrantee, or personal services contractor (as those terms are used in section 2409 of title 10 and section 4712 of title 41) of such a Federal agency, notwithstanding the fact that a provision of law referenced in the applicable subparagraph does not authorize one or more of those types of covered individuals to seek corrective action. ``(2) Private right of action.-- ``(A) In general.--If a final decision providing relief for a violation of subsection (a) alleged under subparagraph (A), (B), (C), or (D) of paragraph (1) of this subsection is not issued within 210 days of the date on which the covered individual seeks corrective action under the applicable subparagraph and there is no showing that the delay is due to the bad faith of the covered individual, the covered individual may bring an action at law or equity for de novo review in the appropriate district court of the United States, which shall have jurisdiction over the action without regard to the amount in controversy, for lost wages and benefits, reinstatement, costs and attorney fees, compensatory damages, equitable or injunctive relief, or any other relief that the court considers appropriate. ``(B) Jury trial.--An action brought under subparagraph (A) shall, upon the request of the covered individual, be tried by the court with a jury. ``(C) Burden of proof.--The burdens of proof under subsection (e) of section 1221 shall apply to an allegation of a violation of subsection (a) of this section in an action brought under this paragraph in the same manner as those burdens of proof apply to an allegation of a prohibited personnel practice under such section 1221. ``(c) Definitions.--For purposes of this section-- ``(1) the term `covered individual', with respect to a Federal agency, means an employee of, former employee of, or applicant for employment with-- ``(A) the agency; or ``(B) a contractor, subcontractor, grantee, subgrantee, or personal services contractor (as those terms are used in section 2409 of title 10 and section 4712 of title 41) of the agency; and ``(2) the term `Federal agency' means an agency, office, or other establishment in the executive, legislative, or judicial branch of the Federal Government.''. <all>

Congressional Whistleblower Protection Act of 2021

A bill to provide protections for employees of, former employees of, and applicants for employment with Federal agencies, contractors, and grantees whose right to petition or furnish information to Congress is interfered with or denied.

Congressional Whistleblower Protection Act of 2021

Sen. Feinstein, Dianne

D

CA

H.R.3746

Health

Accountable Care in Rural America Act This bill requires the Centers for Medicare & Medicaid Services (CMS) to exclude certain components from a methodology used under the Medicare Shared Savings Program. The program enables accountable care organizations (ACOs) to receive payments for savings stemming from care coordination and management. Specifically, the bill requires the CMS to exclude an ACO's assigned Medicare fee-for-service beneficiaries from certain regional adjustments to the ACO's benchmark for savings determinations, and to otherwise ensure that an ACO is not in a less favorable financial position due to its share of assigned beneficiaries in the region.

To amend title XVIII of the Social Security Act to improve the benchmarking process for the Medicare Shared Savings Program. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Accountable Care in Rural America Act''. SEC. 2. EXCLUSION OF MEDICARE FEE-FOR-SERVICE BENEFICIARIES ASSIGNED TO AN ACO FROM ASPECTS OF OTHER PAYMENT MODELS IN CERTAIN CIRCUMSTANCES INCLUDING DETERMINATION OF REGIONAL ADJUSTMENTS. Section 1899(i)(3) of the Social Security Act (42 U.S.C. 1395jjj(i)(3)) is amended-- (1) in subparagraph (A), by striking ``subparagraph (B)'' and inserting ``subparagraphs (B) and (C)''; and (2) by adding at the end the following new subparagraph: ``(C) Exclusion of assigned beneficiaries in certain circumstances including determination of regional adjustments.--For performance periods beginning on or after the date of the enactment of this subparagraph, in determining any shared savings for any ACO under a model described in this paragraph, the Secretary shall-- ``(i) remove Medicare fee-for-service beneficiaries who are assigned to that ACO from the methodology for calculating regional expenditures used to establish, update, and adjust the benchmark expenditures; and ``(ii) otherwise ensure that no such ACO is in a less favorable financial position due to differences between the share of Medicare fee- for-service beneficiaries assigned to the ACO of all such beneficiaries in the counties an ACO operates in compared to the share of such beneficiaries assigned to other ACOs.''. <all>

Accountable Care in Rural America Act

To amend title XVIII of the Social Security Act to improve the benchmarking process for the Medicare Shared Savings Program.

Accountable Care in Rural America Act

Rep. Arrington, Jodey C.

R

TX

S.1975

Health

Women's Health Protection Act of 2021 This bill prohibits governmental restrictions on the provision of, and access to, abortion services. Specifically, governments may not limit a provider's ability to Furthermore, governments may not require a provider to In addition, governments may not (1) require patients to make medically unnecessary in-person visits before receiving abortion services or disclose their reasons for obtaining such services, or (2) prohibit abortion services before fetal viability or after fetal viability when a provider determines the pregnancy risks the patient's life or health. The bill also prohibits other governmental measures that are similar to the bill's specified restrictions or that otherwise single out and impede access to abortion services, unless a government demonstrates that the measure significantly advances the safety of abortion services or health of patients and cannot be achieved through less restrictive means. The Department of Justice, individuals, or providers may bring a lawsuit to enforce this bill, and states are not immune from suits for violations. The bill applies to restrictions imposed both prior and subsequent to the bill's enactment.

To protect a person's ability to determine whether to continue or end a pregnancy, and to protect a health care provider's ability to provide abortion 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 ``Women's Health Protection Act of 2021''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) Abortion services are essential health care and access to those services is central to people's ability to participate equally in the economic and social life of the United States. Abortion access allows people who are pregnant to make their own decisions about their pregnancies, their families, and their lives. (2) Since 1973, the Supreme Court repeatedly has recognized the constitutional right to terminate a pregnancy before fetal viability, and to terminate a pregnancy after fetal viability where it is necessary, in the good-faith medical judgment of the treating health care professional, for the preservation of the life or health of the person who is pregnant. (3) Nonetheless, access to abortion services has been obstructed across the United States in various ways, including blockades of health care facilities and associated violence, prohibitions of, and restrictions on, insurance coverage; parental involvement laws (notification and consent); restrictions that shame and stigmatize people seeking abortion services; and medically unnecessary regulations that neither confer any health benefit nor further the safety of abortion services, but which harm people by delaying, complicating access to, and reducing the availability of, abortion services. (4) Reproductive Justice requires every individual to have the right to make their own decisions about having children regardless of their circumstances and without interference and discrimination. Reproductive Justice is a human right that can and will be achieved when all people, regardless of actual or perceived race, color, national origin, immigration status, sex (including gender identity, sex stereotyping, or sexual orientation), age, or disability status have the economic, social, and political power and resources to define and make decisions about their bodies, health, sexuality, families, and communities in all areas of their lives, with dignity and self- determination. (5) Reproductive Justice seeks to address restrictions on reproductive health, including abortion, that perpetuate systems of oppression, lack of bodily autonomy, white supremacy, and anti-Black racism. This violent legacy has manifested in policies including enslavement, rape, and experimentation on Black women; forced sterilizations; medical experimentation on low-income women's reproductive systems; and the forcible removal of Indigenous children. Access to equitable reproductive health care, including abortion services, has always been deficient in the United States for Black, Indigenous, and other People of Color (BIPOC) and their families. (6) The legacy of restrictions on reproductive health, rights, and justice is not a dated vestige of a dark history. Presently, the harms of abortion-specific restrictions fall especially heavily on people with low incomes, BIPOC, immigrants, young people, people with disabilities, and those living in rural and other medically underserved areas. Abortion-specific restrictions are even more compounded by the ongoing criminalization of people who are pregnant, including those who are incarcerated, living with HIV, or with substance- use disorders. These communities already experience health disparities due to social, political, and environmental inequities, and restrictions on abortion services exacerbate these harms. Removing medically unjustified restrictions on abortion services would constitute one important step on the path toward realizing Reproductive Justice by ensuring that the full range of reproductive health care is accessible to all who need it. (7) Abortion-specific restrictions are a tool of gender oppression, as they target health care services that are used primarily by women. These paternalistic restrictions rely on and reinforce harmful stereotypes about gender roles, women's decision-making, and women's need for protection instead of support, undermining their ability to control their own lives and well-being. These restrictions harm the basic autonomy, dignity, and equality of women, and their ability to participate in the social and economic life of the Nation. (8) The terms ``woman'' and ``women'' are used in this bill to reflect the identity of the majority of people targeted and affected by restrictions on abortion services, and to address squarely the targeted restrictions on abortion, which are rooted in misogyny. However, access to abortion services is critical to the health of every person capable of becoming pregnant. This Act is intended to protect all people with the capacity for pregnancy--cisgender women, transgender men, non- binary individuals, those who identify with a different gender, and others--who are unjustly harmed by restrictions on abortion services. (9) Since 2011, States and local governments have passed nearly 500 restrictions singling out health care providers who offer abortion services, interfering with their ability to provide those services and the patients' ability to obtain those services. (10) Many State and local governments have imposed restrictions on the provision of abortion services that are neither evidence-based nor generally applicable to the medical profession or to other medically comparable outpatient gynecological procedures, such as endometrial ablations, dilation and curettage for reasons other than abortion, hysteroscopies, loop electrosurgical excision procedures, or other analogous non-gynecological procedures performed in similar outpatient settings including vasectomy, sigmoidoscopy, and colonoscopy. (11) Abortion is essential health care and one of the safest medical procedures in the United States. An independent, comprehensive review of the state of science on the safety and quality of abortion services, published by the National Academies of Sciences, Engineering, and Medicine in 2018, found that abortion in the United States is safe and effective and that the biggest threats to the quality of abortion services in the United States are State regulations that create barriers to care. These abortion-specific restrictions conflict with medical standards and are not supported by the recommendations and guidelines issued by leading reproductive health care professional organizations including the American College of Obstetricians and Gynecologists, the Society of Family Planning, the National Abortion Federation, the World Health Organization, and others. (12) Many abortion-specific restrictions do not confer any health or safety benefits. Instead, these restrictions have the purpose and effect of unduly burdening people's personal and private medical decisions to end their pregnancies by making access to abortion services more difficult, invasive, and costly, often forcing people to travel significant distances and make multiple unnecessary visits to the provider, and in some cases, foreclosing the option altogether. For example, a 2018 report from the University of California San Francisco's Advancing New Standards in Reproductive Health research group found that in 27 cities across the United States, people have to travel more than 100 miles in any direction to reach an abortion provider. (13) An overwhelming majority of abortions in the United States are provided in clinics, not hospitals, but the large majority of counties throughout the United States have no clinics that provide abortion. (14) These restrictions additionally harm people's health by reducing access not only to abortion services but also to other essential health care services offered by many of the providers targeted by the restrictions, including-- (A) screenings and preventive services, including contraceptive services; (B) testing and treatment for sexually transmitted infections; (C) LGBTQ health services; and (D) referrals for primary care, intimate partner violence prevention, prenatal care and adoption services. (15) The cumulative effect of these numerous restrictions has been to severely limit the availability of abortion services in some areas, creating a patchwork system where access to abortion services is more available in some States than in others. A 2019 report from the Government Accountability Office examining State Medicaid compliance with abortion coverage requirements analyzed seven key challenges (identified both by health care providers and research literature) and their effect on abortion access, and found that access to abortion services varied across the States and even within a State. (16) International human rights law recognizes that access to abortion is intrinsically linked to the rights to life, health, equality and non-discrimination, privacy, and freedom from ill-treatment. United Nations (UN) human rights treaty monitoring bodies have found that legal abortion services, like other reproductive health care services, must be available, accessible, affordable, acceptable, and of good quality. UN human rights treaty bodies have likewise condemned medically unnecessary barriers to abortion services, including mandatory waiting periods, biased counseling requirements, and third- party authorization requirements. (17) Core human rights treaties ratified by the United States protect access to abortion. For example, in 2018, the UN Human Rights Committee, which oversees implementation of the ICCPR, made clear that the right to life, enshrined in Article 6 of the ICCPR, at a minimum requires governments to provide safe, legal, and effective access to abortion where a person's life and health is at risk, or when carrying a pregnancy to term would cause substantial pain or suffering. The Committee stated that governments must not impose restrictions on abortion which subject women and girls to physical or mental pain or suffering, discriminate against them, arbitrarily interfere with their privacy, or place them at risk of undertaking unsafe abortions. Furthermore, the Committee stated that governments should remove existing barriers that deny effective access to safe and legal abortion, refrain from introducing new barriers to abortion, and prevent the stigmatization of those seeking abortion. (18) UN independent human rights experts have expressed particular concern about barriers to abortion services in the United States. For example, at the conclusion of his 2017 visit to the United States, the UN Special Rapporteur on extreme poverty and human rights noted concern that low-income women face legal and practical obstacles to exercising their constitutional right to access abortion services, trapping many women in cycles of poverty. Similarly, in May 2020, the UN Working Group on discrimination against women and girls, along with other human rights experts, expressed concern that some states had manipulated the COVID-19 crisis to restrict access to abortion, which the experts recognized as ``the latest example illustrating a pattern of restrictions and retrogressions in access to legal abortion care across the country'' and reminded U.S. authorities that abortion care constitutes essential health care that must remain available during and after the pandemic. They noted that barriers to abortion access exacerbate systemic inequalities and cause particular harm to marginalized communities, including low- income people, people of color, immigrants, people with disabilities, and LGBTQ people. (19) Abortion-specific restrictions affect the cost and availability of abortion services, and the settings in which abortion services are delivered. People travel across State lines and otherwise engage in interstate commerce to access this essential medical care, and more would be forced to do so absent this Act. Likewise, health care providers travel across State lines and otherwise engage in interstate commerce in order to provide abortion services to patients, and more would be forced to do so absent this Act. (20) Health care providers engage in a form of economic and commercial activity when they provide abortion services, and there is an interstate market for abortion services. (21) Abortion restrictions substantially affect interstate commerce in numerous ways. For example, to provide abortion services, health care providers engage in interstate commerce to purchase medicine, medical equipment, and other necessary goods and services. To provide and assist others in providing abortion services, health care providers engage in interstate commerce to obtain and provide training. To provide abortion services, health care providers employ and obtain commercial services from doctors, nurses, and other personnel who engage in interstate commerce and travel across State lines. (22) It is difficult and time and resource-consuming for clinics to challenge State laws that burden or impede abortion services. Litigation that blocks one abortion restriction may not prevent a State from adopting other similarly burdensome abortion restrictions or using different methods to burden or impede abortion services. There is a history and pattern of States passing successive and different laws that unduly burden abortion services. (23) When a health care provider ceases providing abortion services as a result of burdensome and medically unnecessary regulations, it is often difficult or impossible for that health care provider to recommence providing those abortion services, and difficult or impossible for other health care providers to provide abortion services that restore or replace the ceased abortion services. (24) Health care providers are subject to license laws in various jurisdictions, which are not affected by this Act except as provided in this Act. (25) Congress has the authority to enact this Act to protect abortion services pursuant to-- (A) its powers under the commerce clause of section 8 of article I of the Constitution of the United States; (B) its powers under section 5 of the Fourteenth Amendment to the Constitution of the United States to enforce the provisions of section 1 of the Fourteenth Amendment; and (C) its powers under the necessary and proper clause of section 8 of Article I of the Constitution of the United States. (26) Congress has used its authority in the past to protect access to abortion services and health care providers' ability to provide abortion services. In the early 1990s, protests and blockades at health care facilities where abortion services were provided, and associated violence, increased dramatically and reached crisis level, requiring Congressional action. Congress passed the Freedom of Access to Clinic Entrances Act (Public Law 103-259; 108 Stat. 694) to address that situation and protect physical access to abortion services. (27) Congressional action is necessary to put an end to harmful restrictions, to federally protect access to abortion services for everyone regardless of where they live, and to protect the ability of health care providers to provide these services in a safe and accessible manner. (b) Purpose.--It is the purpose of this Act-- (1) to permit health care providers to provide abortion services without limitations or requirements that single out the provision of abortion services for restrictions that are more burdensome than those restrictions imposed on medically comparable procedures, do not significantly advance reproductive health or the safety of abortion services, and make abortion services more difficult to access; (2) to promote access to abortion services and women's ability to participate equally in the economic and social life of the United States; and (3) to invoke Congressional authority, including the powers of Congress under the commerce clause of section 8 of article I of the Constitution of the United States, its powers under section 5 of the Fourteenth Amendment to the Constitution of the United States to enforce the provisions of section 1 of the Fourteenth Amendment, and its powers under the necessary and proper clause of section 8 of article I of the Constitution of the United States. SEC. 3. DEFINITIONS. In this Act: (1) Abortion services.--The term ``abortion services'' means an abortion and any medical or non-medical services related to and provided in conjunction with an abortion (whether or not provided at the same time or on the same day as the abortion). (2) Government.--The term ``government'' includes each branch, department, agency, instrumentality, and official (and other person acting under color of law) of the United States or a State. (3) Health care provider.--The term ``health care provider'' means any entity or individual (including any physician, certified nurse-midwife, nurse practitioner, and physician assistant) that-- (A) is engaged or seeks to engage in the delivery of health care services, including abortion services, and (B) if required by law or regulation to be licensed or certified to engage in the delivery of such services-- (i) is so licensed or certified, or (ii) would be so licensed or certified but for their past, present, or potential provision of abortion services permitted by section 4. (4) Medically comparable procedure.--The term ``medically comparable procedures'' means medical procedures that are similar in terms of health and safety risks to the patient, complexity, or the clinical setting that is indicated. (5) Pregnancy.--The term ``pregnancy'' refers to the period of the human reproductive process beginning with the implantation of a fertilized egg. (6) State.--The term ``State'' includes the District of Columbia, the Commonwealth of Puerto Rico, and each territory and possession of the United States, and any subdivision of any of the foregoing. (7) Viability.--The term ``viability'' means the point in a pregnancy at which, in the good-faith medical judgment of the treating health care provider, based on the particular facts of the case before the health care provider, there is a reasonable likelihood of sustained fetal survival outside the uterus with or without artificial support. SEC. 4. PERMITTED SERVICES. (a) General Rule.--A health care provider has a statutory right under this Act to provide abortion services, and may provide abortion services, and that provider's patient has a corresponding right to receive such services, without any of the following limitations or requirements: (1) A requirement that a health care provider perform specific tests or medical procedures in connection with the provision of abortion services, unless generally required for the provision of medically comparable procedures. (2) A requirement that the same health care provider who provides abortion services also perform specified tests, services, or procedures prior to or subsequent to the abortion. (3) A requirement that a health care provider offer or provide the patient seeking abortion services medically inaccurate information in advance of or during abortion services. (4) A limitation on a health care provider's ability to prescribe or dispense drugs based on current evidence-based regimens or the provider's good-faith medical judgment, other than a limitation generally applicable to the medical profession. (5) A limitation on a health care provider's ability to provide abortion services via telemedicine, other than a limitation generally applicable to the provision of medical services via telemedicine. (6) A requirement or limitation concerning the physical plant, equipment, staffing, or hospital transfer arrangements of facilities where abortion services are provided, or the credentials or hospital privileges or status of personnel at such facilities, that is not imposed on facilities or the personnel of facilities where medically comparable procedures are performed. (7) A requirement that, prior to obtaining an abortion, a patient make one or more medically unnecessary in-person visits to the provider of abortion services or to any individual or entity that does not provide abortion services. (8) A prohibition on abortion at any point or points in time prior to fetal viability, including a prohibition or restriction on a particular abortion procedure. (9) A prohibition on abortion after fetal viability when, in the good-faith medical judgment of the treating health care provider, continuation of the pregnancy would pose a risk to the pregnant patient's life or health. (10) A limitation on a health care provider's ability to provide immediate abortion services when that health care provider believes, based on the good-faith medical judgment of the provider, that delay would pose a risk to the patient's health. (11) A requirement that a patient seeking abortion services at any point or points in time prior to fetal viability disclose the patient's reason or reasons for seeking abortion services, or a limitation on the provision or obtaining of abortion services at any point or points in time prior to fetal viability based on any actual, perceived, or potential reason or reasons of the patient for obtaining abortion services, regardless of whether the limitation is based on a health care provider's degree of actual or constructive knowledge of such reason or reasons. (b) Other Limitations or Requirements.--A health care provider has a statutory right to provide abortion services, and may provide abortion services, and that provider's patient has a corresponding right to receive such services, without a limitation or requirement that-- (1) is the same as or similar to one or more of the limitations or requirements described in subsection (a); or (2) both-- (A) expressly, effectively, implicitly, or as implemented singles out the provision of abortion services, health care providers who provide abortion services, or facilities in which abortion services are provided; and (B) impedes access to abortion services. (c) Factors for Consideration.--Factors a court may consider in determining whether a limitation or requirement impedes access to abortion services for purposes of subsection (b)(2)(B) include the following: (1) Whether the limitation or requirement, in a provider's good-faith medical judgment, interferes with a health care provider's ability to provide care and render services, or poses a risk to the patient's health or safety. (2) Whether the limitation or requirement is reasonably likely to delay or deter some patients in accessing abortion services. (3) Whether the limitation or requirement is reasonably likely to directly or indirectly increase the cost of providing abortion services or the cost for obtaining abortion services (including costs associated with travel, childcare, or time off work). (4) Whether the limitation or requirement is reasonably likely to have the effect of necessitating a trip to the offices of a health care provider that would not otherwise be required. (5) Whether the limitation or requirement is reasonably likely to result in a decrease in the availability of abortion services in a given State or geographic region. (6) Whether the limitation or requirement imposes penalties that are not imposed on other health care providers for comparable conduct or failure to act, or that are more severe than penalties imposed on other health care providers for comparable conduct or failure to act. (7) The cumulative impact of the limitation or requirement combined with other new or existing limitations or requirements. (d) Exception.--To defend against a claim that a limitation or requirement violates a health care provider's or patient's statutory rights under subsection (b), a party must establish, by clear and convincing evidence, that-- (1) the limitation or requirement significantly advances the safety of abortion services or the health of patients; and (2) the safety of abortion services or the health of patients cannot be advanced by a less restrictive alternative measure or action. SEC. 5. APPLICABILITY AND PREEMPTION. (a) In General.-- (1) Except as stated under subsection (b), this Act supersedes and applies to the law of the Federal Government and each State government, and the implementation of such law, whether statutory, common law, or otherwise, and whether adopted before or after the date of enactment of this Act, and neither the Federal Government nor any State government shall enact or enforce any law, rule, regulation, standard, or other provision having the force and effect of law that conflicts with any provision of this Act, notwithstanding any other provision of Federal law, including the Religious Freedom Restoration Act of 1993 (42 U.S.C. 2000bb et seq.). (2) Federal statutory law adopted after the date of the enactment of this Act is subject to this Act unless such law explicitly excludes such application by reference to this Act. (b) Limitations.--The provisions of this Act shall not supersede or apply to-- (1) laws regulating physical access to clinic entrances; (2) insurance or medical assistance coverage of abortion services; (3) the procedure described in section 1531(b)(1) of title 18, United States Code; or (4) generally applicable State contract law. SEC. 6. EFFECTIVE DATE. This Act shall take effect immediately upon the date of enactment of this Act. This Act shall apply to all restrictions on the provision of, or access to, abortion services whether the restrictions are enacted or imposed prior to or after the date of enactment of this Act, except as otherwise provided in this Act. SEC. 7. LIBERAL CONSTRUCTION. (a) Liberal Construction.--In interpreting the provisions of this Act, a court shall liberally construe such provisions to effectuate the purposes of the Act. (b) Rule of Construction.--Nothing in this Act shall be construed to authorize any government to interfere with a person's ability to terminate a pregnancy, to diminish or in any way negatively affect a person's constitutional right to terminate a pregnancy, or to displace any other remedy for violations of the constitutional right to terminate a pregnancy. SEC. 8. ENFORCEMENT. (a) Attorney General.--The Attorney General may commence a civil action for prospective injunctive relief on behalf of the United States against any government official that is charged with implementing or enforcing any limitation or requirement that is challenged as a violation of a statutory right under this Act. The court shall hold unlawful and set aside the limitation or requirement if it is in violation of this Act. (b) Private Right of Action.-- (1) In general.--Any individual or entity, including any health care provider, aggrieved by an alleged violation of this Act may commence a civil action for prospective injunctive relief against the government official that is charged with implementing or enforcing the limitation or requirement that is challenged as a violation of a statutory right under this Act. The court shall hold unlawful and set aside the limitation or requirement if it is in violation of this Act. (2) Health care provider.--A health care provider may commence an action for prospective injunctive relief on its own behalf and/or on behalf of the provider's patients who are or may be adversely affected by an alleged violation of this Act. (c) Equitable Relief.--In any action under this section, the court may award appropriate equitable relief, including temporary, preliminary, or permanent injunctive relief. (d) Costs.--In any action under this section, the court shall award costs of litigation, as well as reasonable attorney fees, to any prevailing plaintiff. A plaintiff shall not be liable to a defendant for costs in any non-frivolous action under this section. (e) Jurisdiction.--The district courts of the United States shall have jurisdiction over proceedings under this Act and shall exercise the same without regard to whether the party aggrieved shall have exhausted any administrative or other remedies that may be provided for by law. (f) Abrogation of State Immunity.--A State shall not be immune under the Eleventh Amendment to the Constitution of the United States from an action in Federal or State court of competent jurisdiction for a violation of this Act. In any action against a State for a violation of the requirements of this Act, remedies (including remedies both at law and in equity) are available for such a violation to the same extent as such remedies are available for such a violation in an action against any public or private entity other than a State. SEC. 9. SEVERABILITY. If any provision of this Act, or the application of such provision to any person, entity, government, or circumstance, is held to be unconstitutional, the remainder of this Act, or the application of such provision to all other persons, entities, governments, or circumstances, shall not be affected thereby. <all>

Women’s Health Protection Act of 2021

A bill to protect a person's ability to determine whether to continue or end a pregnancy, and to protect a health care provider's ability to provide abortion services.

Women’s Health Protection Act of 2021

Sen. Blumenthal, Richard

D

CT

H.R.2648

Health

Suicide Prevention Assistance Act This bill requires the Substance Abuse and Mental Health Services Administration (SAMHSA) to award grants to primary care offices for self-harm and suicide prevention services, including screenings. SAMHSA must also develop standards of practice for conducting such screenings.

To amend the Public Health Service Act to establish a grant program to provide self-harm and suicide prevention services in primary care offices, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Suicide Prevention Assistance Act''. SEC. 2. GRANTS TO PROVIDE SELF-HARM AND SUICIDE PREVENTION SERVICES. Part B of title V of the Public Health Service Act (42 U.S.C. 290aa et seq.) is amended by adding at the end the following: ``SEC. 520N. GRANTS TO PROVIDE SELF-HARM AND SUICIDE PREVENTION SERVICES. ``(a) In General.--The Secretary of Health and Human Services, acting through the Assistant Secretary for Mental Health and Substance Use (referred to in this section as the `Secretary'), shall award grants to primary care offices to provide self-harm and suicide prevention services. ``(b) Activities Supported.--A primary care office awarded a grant under subsection (a) shall use amounts under the grant to carry out the following: ``(1) The primary care office shall hire one or more clinical social workers to carry out the activities described in paragraphs (2) through (4). ``(2) A primary care physician at the primary care office shall screen patients for self-harm and suicide in accordance with the standards of practice described in subsection (f)(1) and shall, as appropriate, notify a clinical social worker hired under paragraph (1) of screenings that yield an indicator of self-harm or suicide. ``(3) A clinical social worker hired under paragraph (1) shall provide patients short-term self-harm and suicide prevention services in accordance with the results of the screenings described in paragraph (2). ``(4) A clinical social worker hired under paragraph (1) shall, as appropriate, refer patients to a health care facility for purposes of receiving long-term self-harm and suicide prevention services. ``(c) Maximum Number of Grants.-- ``(1) In general.--The Secretary may not award more than 10 grants under subsection (a). ``(2) With respect to a primary care office.--A primary care office may not be awarded more than 1 grant under subsection (a). ``(3) With respect to a state.--Not more than 1 primary care office in any State may be awarded a grant under subsection (a). ``(d) Grant Terms.--A grant awarded under subsection (a)-- ``(1) may not exceed $500,000; ``(2) shall be for a period of 2 years; and ``(3) may be renewed subject to the requirements of this section. ``(e) Applications.--A primary care office seeking a grant under subsection (a) shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. ``(f) Standards of Practice.-- ``(1) In general.--Not later than 180 days after the date of the enactment of this section, the Secretary shall develop standards of practice for screening patients for self-harm and suicide for purposes of carrying out subsection (b)(2). ``(2) Consultation.--The Secretary shall develop the standards of practice described in paragraph (1) in consultation with stakeholder groups with expertise in self- harm and suicide prevention, including public, private, and non-profit entities. ``(g) Reporting.-- ``(1) Reports to the secretary.-- ``(A) In general.--A primary care office awarded a grant under subsection (a) shall, at least quarterly for the duration of the grant, submit to the Secretary a report evaluating the activities supported by the grant. ``(B) Matters to be included.--The report required under subparagraph (A) shall include-- ``(i) the number of patients receiving-- ``(I) screenings carried out at the primary care office; ``(II) short-term self-harm and suicide prevention services at the primary care office; and ``(III) referrals to health care facilities for the purposes of receiving long-term self-harm and suicide prevention; ``(ii) information on the adherence of the primary care office to the standards of practice described in subsection (f)(1); and ``(iii) other information as the Secretary determines appropriate to evaluate the use of grant funds. ``(2) Reports to congress and in the department of health and human services.--Not later than 2 years after the date of the enactment of this section, and biennially thereafter, the Secretary shall submit to the appropriate congressional committees and the subcomponents of the Department of Health and Human Services described in paragraph (3) a report on the grant program under this section, including-- ``(A) a summary of reports received by the Secretary under paragraph (1); and ``(B) an evaluation of the program by the Secretary. ``(3) Reporting in the department of health and human services.--The subcomponents of the Department of Health and Human Services described in paragraph (2) are the Centers for Disease Control and Prevention and the National Institute of Mental Health. ``(h) Definitions.--In this section: ``(1) Appropriate congressional committees.--The term `appropriate congressional committees' means-- ``(A) the Committee on Energy and Commerce of the House of Representatives; and ``(B) the Committee on Health, Education, Labor, and Pensions of the Senate. ``(2) Primary care office.--The term `primary care office' means a health care facility that provides primary care services. ``(3) State.--The term `State' means-- ``(A) a State; ``(B) the District of Columbia; ``(C) the Commonwealth of Puerto Rico; or ``(D) any other territory or possession of the United States.''. <all>

Suicide Prevention Assistance Act

To amend the Public Health Service Act to establish a grant program to provide self-harm and suicide prevention services in primary care offices, and for other purposes.

Suicide Prevention Assistance Act

Rep. DeSaulnier, Mark

D

CA

H.R.3712

Armed Forces and National Security

COVID-19 Warrior Dogs Act This bill requires the Department of Defense to commence a four-year pilot program to determine the effectiveness of using scent detection working dogs to detect the early stages of diseases, including COVID-19.

To direct the Secretary of Defense to establish a pilot program to determine the effectiveness of using working dogs to detect the early stages of diseases, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``COVID-19 Warrior Dogs Act''. SEC. 2. PILOT PROGRAM ON USE OF WORKING DOGS TO DETECT EARLY STAGES OF DISEASES. (a) Pilot Program.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall commence a pilot program to determine the effectiveness of using scent detection working dogs to detect the early stages of diseases (including the coronavirus disease 2019 (COVID-19)) and upon detection, to alert the handler of the dog. In carrying out such program, the Secretary shall consider-- (1) potential uses for such dogs in screening individuals seeking to access facilities under the jurisdiction of the Department of Defense or seeking to access locations frequently used by the public and relevant to public safety; and (2) any other potential uses for such dogs relating to the detection of early stages of diseases, including uses relating to the management and provision of personal protective equipment and medical testing kits to Department of Defense personnel. (b) Regulations.--The Secretary shall prescribe regulations concerning the scope and limitations of the pilot program under subsection (a). Such regulations shall include requirements to ensure that the pilot program is scientifically rigorous. (c) Duration.--The Secretary shall carry out the pilot program under subsection (a) for a period of not more than four years. (d) Report.--Not later than 180 days after the date on which the pilot program under subsection (a) terminates, the Secretary shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on the outcomes of such pilot program. <all>

COVID–19 Warrior Dogs Act

To direct the Secretary of Defense to establish a pilot program to determine the effectiveness of using working dogs to detect the early stages of diseases, and for other purposes.

COVID–19 Warrior Dogs Act

Rep. Lieu, Ted

D

CA

H.R.1451

Housing and Community Development

Emergency Eviction Enforcement Act of 2021 This bill prohibits a landlord, during a national emergency, from (1) evicting a tenant without a court order, (2) creating a hostile environment for a tenant for the purpose of causing the tenant to vacate, or (3) impairing the habitability of a dwelling for the purpose of causing the tenant to vacate. Violators are subject to civil penalties.

To amend title 18, United States Code, to provide for prohibitions on eviction, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Emergency Eviction Enforcement Act of 2021''. SEC. 2. PROHIBITION ON EVICTION DURING NATIONAL EMERGENCY. (a) Civil Action.--Any person injured by a violation of this section, or the Attorney General, on behalf of such person, unless such person at any time may bring a cause of action for injunctive relief, repossession of the property under the terms prior to the violation of this section, and damages equal to the greater of three times the amount of the injury or three times the amount of any rent charged for the covered dwelling following a violation of this section, and may be awarded attorneys' fees. If the prevailing party is the Attorney General, any damages recovered shall be disbursed equally between-- (1) the victim of the offense; (2) a fund that shall be available to the Attorney General without further appropriation or limitation as to fiscal year, exclusively for purposes of engaging in other civil actions under this section; and (3) the Legal Services Corporation for purposes of any activities to support the provision of fair housing. (b) In General.--Whoever, being a lessor of a covered dwelling, knowingly-- (1) repossesses or physically attempts to repossess a covered dwelling from a tenant of the covered dwelling without a duly issued order from a court of jurisdiction; (2) threatens, harasses, intimidates, or creates a hostile environment for a tenant of a covered dwelling for the purpose of causing the tenant to vacate the covered dwelling; or (3) impairs the habitability of a covered dwelling (including suspending utility service, changing locks, refusing to repair structure, plumbing, electrical, ventilation systems, maintain appliances in state of good repair) for the purpose of causing the tenant to vacate the covered dwelling, shall have violated this section. (c) Definition.--In this section: (1) The term ``dwelling''-- (A) has the meaning given the term in section 802 of the Fair Housing Act (42 U.S.C. 3602); and (B) includes houses and dwellings described in section 803(b) of such Act (42 U.S.C. 3603(b)). (2) The term ``covered dwelling'' means a dwelling located in an area designated by the President as a national emergency, for the duration of the designation, under the National Emergencies Act (50 U.S.C. 1601 et seq.), Public Health Service Act (42 U.S.C. 247d), or Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.). <all>

Emergency Eviction Enforcement Act of 2021

To amend title 18, United States Code, to provide for prohibitions on eviction, and for other purposes.

Emergency Eviction Enforcement Act of 2021

Rep. Cohen, Steve

D

TN

H.R.3851

Science, Technology, Communications

Continuous Manufacturing Research Act of 2021 This bill adds advanced pharmaceutical manufacturing as a research area that may be supported under the National Science Foundation's manufacturing research grant program.

To improve support for research and development of advanced pharmaceutical manufacturing techniques and workforce. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Continuous Manufacturing Research Act of 2021''. SEC. 2. RESEARCH ON ADVANCED PHARMACEUTICAL MANUFACTURING. Section 506(a) of the America COMPETES Reauthorization Act of 2010 (42 U.S.C. 1862p-1(a)) is amended-- (1) in paragraph (5), by striking ``and'' at the end; (2) in paragraph (6), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(7) advanced pharmaceutical manufacturing fundamental and translational research, including-- ``(A) continuous manufacturing of drugs and biological products; and ``(B) similar innovative monitoring and control techniques.''. <all>

Continuous Manufacturing Research Act of 2021

To improve support for research and development of advanced pharmaceutical manufacturing techniques and workforce.

Continuous Manufacturing Research Act of 2021

Rep. Spanberger, Abigail Davis

D

VA

S.3667

Public Lands and Natural Resources

African-American Burial Grounds Preservation Act This bill directs the Department of the Interior to establish the United States African-American Burial Grounds Preservation Program within the National Park Service. In carrying out the program, Interior may make grants to other federal agencies; state, local, and tribal governments; other public entities; educational institutions; historic preservation groups; and private nonprofit organizations for

To amend title 54, United States Code, to establish within the National Park Service the United States African-American Burial Grounds Preservation 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 ``African-American Burial Grounds Preservation Act''. SEC. 2. FINDINGS. Congress finds that-- (1) during the period beginning in 1619 and ending in 1865, millions of African Americans throughout the United States were enslaved; (2) slaveholders often-- (A) controlled where and how deceased slaves were buried; and (B) prohibited the burial of slaves on valuable land; (3) as a result of the practices described in paragraph (2), slave burial grounds were often confined to remote areas or marginal property; (4) slave burial grounds-- (A) were rarely documented; and (B) infrequently appear on historical maps; (5) a lack of accurate information is typical of African- American cemeteries originating before the Civil War; (6) following the end of slavery, many African-American families continued to face restrictions on where the deceased could be buried; (7) across many areas of the United States, local laws segregated burial sites by race; (8) African-American burial grounds often failed to receive the type of maintenance and recordkeeping that predominantly White burial grounds enjoyed; (9) many African-American burial grounds from before and after the Civil War are in a state of disrepair or inaccessibility due to overgrowth of vegetation, crumbling physical structures, and other challenges; (10) there is no official national record or database for African-American burial ground locations; (11) the location of many African-American burial sites is unknown; (12) as a result of the issues described in paragraphs (10) and (11), the family members and descendants of the individuals interred are unable to visit the burial sites to honor and remember their ancestors; (13) abandoned African-American burial grounds are often discovered when construction projects inadvertently disturb human remains, which slows or halts completion of the projects; (14) the presence and location of historic African-American burial grounds should be recorded; (15) there should be coordinated national, State, local, and Tribal efforts to preserve and restore African-American burial grounds; (16) African-American burial grounds are an integral component of the heritage of the United States; and (17) establishing a program to preserve previously abandoned, underserved, and other African-American burial grounds would help communities identify and record burial grounds and preserve local history, while better informing development decisions and community planning. SEC. 3. PURPOSE. The purpose of this Act is to authorize the National Park Service to coordinate and facilitate Federal activities and non-Federal activities to identify, interpret, research, preserve, and record unmarked, previously abandoned, underserved, and other African-American burial grounds. SEC. 4. UNITED STATES AFRICAN-AMERICAN BURIAL GROUNDS PRESERVATION PROGRAM. (a) In General.--Subdivision 1 of division B of subtitle III of title 54, United States Code, is amended by inserting after chapter 3085 the following: ``CHAPTER 3086--UNITED STATES AFRICAN-AMERICAN BURIAL GROUNDS PRESERVATION PROGRAM ``Sec. ``308601. Definitions. ``308602. United States African-American Burial Grounds Preservation Program. ``308603. Authority to make grants. ``308604. Cooperative agreements and memoranda of understanding. ``308605. Private property protection. ``Sec. 308601. Definitions ``In this chapter: ``(1) Burial ground.--The term `burial ground' means any natural or prepared physical location, whether originally below, on, or above the surface of the earth, into which human remains are deposited as a part of the death rite or ceremony of a culture. ``(2) Historic.--The term `historic', with respect to a property, means a property that can reasonably be considered to date back at least 50 years. ``(3) Program.--The term `Program' means the United States African-American Burial Grounds Preservation Program established under section 308602(a). ``Sec. 308602. United States African-American Burial Grounds Preservation Program ``(a) In General.--The Secretary shall establish within the Service, in accordance with this chapter, a program to be known as the `United States African-American Burial Grounds Preservation Program'. ``(b) Duties of Secretary.--In carrying out the Program, the Secretary, in consultation with the National Trust for Historic Preservation and members of the African-American heritage community, shall develop a program for the provision of grants in accordance with section 308603(a). ``(c) Donations.--The Secretary may accept monetary donations to further the purposes of this chapter. ``(d) Consent of Private Property Owner Required.--Burial grounds shall only be considered for a grant under the Program-- ``(1) with the consent of the property owner; and ``(2) at the request of an individual, landowner, private or nonprofit organization, State, Tribal, or local government, or other entity. ``Sec. 308603. Authority to make grants ``(a) In General.--The Secretary may make grants to other Federal agencies, State, local, and Tribal governments, other public entities, educational institutions, historic preservation groups, and private nonprofit organizations in accordance with this chapter for-- ``(1) the identification of historic African-American burial grounds that may qualify for the Program; ``(2) the preservation and restoration of African-American burial grounds; ``(3) the interpretation of African-American burial grounds; and ``(4) related research and documentation for historic African-American burial grounds. ``(b) Funding.-- ``(1) In general.--There is authorized to be appropriated to the Secretary to carry out this section $3,000,000 for each of fiscal years 2023 through 2027. ``(2) Availability.--Any amounts made available for a fiscal year under paragraph (1) that are not used during that fiscal year shall be available for use under this section during any subsequent fiscal year. ``Sec. 308604. Cooperative agreements and memoranda of understanding ``The Secretary may enter into cooperative agreements and memoranda of understanding with, and provide technical assistance to, the heads of other Federal agencies, States, units of local government, Tribal governments, regional governmental bodies, nonprofit organizations, educational institutions, and private entities-- ``(1) to achieve the purposes of this chapter; and ``(2) to ensure effective coordination of the Federal elements and non-Federal elements provided a grant or other assistance under the Program with System units and programs of the Service. ``Sec. 308605. Private property protection ``Nothing in this chapter-- ``(1) authorizes the Secretary to require or affect the management or use of private property without the written consent of the owner of the private property; or ``(2) prohibits the Secretary from providing land management guidance or requirements relating to private property as a condition of a grant provided to the owner of the private property under this chapter.''. (b) Clerical Amendment.--The table of chapters for title 54, United States Code, is amended by inserting after the item relating to chapter 3085 the following: ``3086. United States African-American Burial Grounds 308601''. Preservation Program. Calendar No. 621 117th CONGRESS 2d Session S. 3667 [Report No. 117-244] _______________________________________________________________________

African-American Burial Grounds Preservation Act

A bill to amend title 54, United States Code, to establish within the National Park Service the United States African-American Burial Grounds Preservation Program, and for other purposes.

African-American Burial Grounds Preservation Act African-American Burial Grounds Preservation Act

Sen. Brown, Sherrod

D

OH

H.R.6720

Social Sciences and History

This bill authorizes the Thomas Paine Memorial Association to establish a commemorative work on federal land in the District of Columbia in honor of the philosopher and patriot, Thomas Paine. Thomas Paine is best known for writing Common Sense, a pamphlet that helped to inspire the Revolutionary War. The establishment of the commemorative work shall be in accordance with the Commemorative Works Act. Federal funds may not be used to pay any expense to establish the commemorative work.

To authorize the Thomas Paine Memorial Association to establish a commemorative work in the District of Columbia and its environs, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. AUTHORIZATION OF THOMAS PAINE COMMEMORATIVE WORK. (a) In General.--The Thomas Paine Memorial Association may establish a commemorative work on Federal land in the District of Columbia and its environs to honor the United States patriot, Thomas Paine. (b) Compliance With Standards for Commemorative Works.--The establishment of the commemorative work under this section shall be in accordance with chapter 89 of title 40, United States Code (commonly known as the ``Commemorative Works Act''). (c) Prohibition on the Use of Federal Funds.--Federal funds may not be used to pay any expense of the establishment of the commemorative work under this section. (d) Deposit of Excess Funds.-- (1) In general.--If upon payment of all expenses for the establishment of the commemorative work (including the maintenance and preservation amount required by section 8906(b)(1) of title 40, United States Code), there remains a balance of funds received for such establishment, the Thomas Paine Memorial Association shall transmit the amount of the balance to the Secretary of the Interior for deposit in the account provided for in section 8906(b)(3) of title 40, United States Code. (2) On expiration of authority.--If upon expiration of the authority for the commemorative work under section 8903(e) of title 40, United States Code, there remains a balance of funds received for the establishment of the commemorative work, the Thomas Paine Memorial Association shall transmit the amount of the balance to a separate account with the National Park Foundation for memorials, to be available to the Secretary of the Interior or the Administrator of General Services (as appropriate) following the process provided in section 8906(b)(4) of title 40, United States Code, for accounts established under paragraphs (2) and (3) of section 8906(b) of title 40, United States Code. Union Calendar No. 497 117th CONGRESS 2d Session H. R. 6720 [Report No. 117-680] _______________________________________________________________________

To authorize the Thomas Paine Memorial Association to establish a commemorative work in the District of Columbia and its environs, and for other purposes.

To authorize the Thomas Paine Memorial Association to establish a commemorative work in the District of Columbia and its environs, and for other purposes.

Official Titles - House of Representatives Official Title as Introduced To authorize the Thomas Paine Memorial Association to establish a commemorative work in the District of Columbia and its environs, and for other purposes.

Rep. Raskin, Jamie

D

MD

S.2072

Commerce

Unsubscribe Act of 2021 This bill requires that certain consumer protections are included in negative option agreements (an agreement under which a consumer's failure to take an affirmative action is considered approval to be charged for goods or services). These agreements are prohibited unless Further, under free-to-pay conversion contracts (a type of negative option agreement where a consumer is charged a nominal introductory rate and an increased rate after the introductory period ends), before charging a consumer the provider of the good or service must obtain the consumer's informed consent, provide the terms of the contract, and provide information about how to cancel the contract. The bill also requires that certain notifications are provided to consumers in the context of other forms of negative option agreements online, such as notice between two and seven days before an automatic renewal. The bill provides for enforcement of these requirements by the Federal Trade Commission and state attorneys general.

To increase consumer protection with respect to negative option offers in all media, including on the internet, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Unsubscribe Act of 2021''. SEC. 2. INCREASED CONSUMER PROTECTION WITH RESPECT TO NEGATIVE OPTION AGREEMENTS. (a) Disclosure of Negative Options.--It shall be unlawful for any person to charge or attempt to charge any consumer's credit card, debit card, bank account, or other financial account, or otherwise receive payment, through a negative option, unless the person clearly and conspicuously discloses all material terms of the transaction before obtaining the consumer's billing information or receiving payment, whichever is earlier. (b) Express Informed Consent for Negative Options.--It shall be unlawful for any person to charge or attempt to charge any consumer's credit card, debit card, bank account, or other financial account, or otherwise receive payment, through a negative option, unless the person obtains a consumer's express informed consent before receiving payment or charging the consumer for products or services, or otherwise receiving payment, through such transaction. (c) Term Limitation for Negative Option Agreements.--After the expiration of an introductory period, initial fixed period, or other preliminary period, it shall be unlawful for any person to automatically renew or otherwise continue a negative option agreement with any consumer for a period greater than 1 month, unless such person, at the time of such expiration, obtains a consumer's express informed consent to renew or otherwise continue such agreement for a period greater than 1 month. (d) Cancellation of Negative Option Agreements.--It shall be unlawful for any person to enter into a negative option agreement with any consumer, unless the negative option agreement provides the consumer with a simple mechanism to stop any recurring payments, including the ability to cancel the agreement in the same manner, and by the same means, into which the agreement was entered. (e) Requirements for Free-to-Pay Conversion Contracts.-- (1) In general.--It shall be unlawful for any person to charge or attempt to charge any consumer's credit card, debit card, bank account, or other financial account for any good or service sold in a free-to-pay conversion contract entered into, unless each of the following is met: (A) Before obtaining the consumer's billing information, or otherwise receiving payment, the person has obtained the consumer's express informed consent to enter into the negative option contract and has provided the consumer with a notification of the terms of the negative option contract, including, but not limited to, the following: (i) For an introductory period, the consumer will receive the good or service at no cost or for a nominal cost. (ii) After the introductory period, the amount the consumer will be charged or otherwise required to pay, including any cost increase. (iii) The total cost (or range of costs) the consumer will be charged or otherwise required to pay. (B) Before the initial charge, payment, or initial increase after the introductory period, the person informs the consumer about the upcoming charge or payment and provides the consumer with access to information about the simple mechanisms to cancel the contract. (2) Mandatory notifications.--After the introductory period in a free-to-pay conversion contract entered into between any person and any consumer, and at regular intervals, as determined by the Commission, but no less frequently than annually, while the contract remains in effect, the person shall provide the consumer with a notification of the terms of the contract. (f) Mandatory Notifications With Respect to Other Negative Option Agreements.-- (1) Automatic renewal contracts.--With respect to an automatic renewal contract entered into between any person and any consumer-- (A) not later than 2 days and no more than 7 days before the end of the initial fixed period in the contract, the person shall provide the consumer with a notification of the terms of the contract; and (B) after the initial fixed period in the contract, and at regular intervals, as determined by the Commission, but no less frequently than annually, while the contract remains in effect, the person shall provide the consumer with a notification of the terms of the contract and access to, or information about, the simple mechanisms to cancel the contract. (2) Continuity plan contracts.--With respect to a continuity plan contract entered into between any person and any consumer, the person shall provide the consumer with a notification of the terms of the contract and access to information about the simple mechanisms to cancel the contract at regular intervals, as determined by the Commission, but no less frequently than annually while the contract remains in effect. SEC. 3. ENFORCEMENT. (a) By the Commission.-- (1) In general.--A violation of this Act shall be treated as a violation of a rule issued under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or practices. The Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act. (2) Penalties.--Any person who violates this Act shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act as though all applicable terms and provisions of the Federal Trade Commission Act were incorporated in and made a part of this Act. (3) Authority preserved.--Nothing in this Act shall be construed to limit the authority of the Commission under any other provision of law. (b) By State Attorneys General.-- (1) In general.--Except as provided in paragraph (5), the attorney general of a State or other authorized State officer alleging a violation of this Act that affects or may affect the State or the residents of the State may bring an action on behalf of the residents of the State in any United States district court for the district in which the defendant is found, resides, or transacts business, or wherever venue is proper under section 1391 of title 28, United States Code, to obtain appropriate injunctive relief. (2) Notice to commission required.--A State shall provide prior written notice to the Commission of any civil action brought under paragraph (1) that includes a copy of the complaint for the civil action, except that if providing such prior notice is not feasible for the State, the State shall provide notice immediately upon instituting the civil action. (3) Intervention by the commission.--The Commission may intervene in a civil action brought under paragraph (1) and upon intervening-- (A) may be heard on all matters arising in the civil action; and (B) may file petitions for appeal of a decision in the civil action. (4) Construction.--Nothing in this subsection shall be construed-- (A) to prevent the attorney general of a State or other authorized State officer from exercising the powers conferred on the attorney general or other authorized State officer by the laws of the State; or (B) to prohibit the attorney general of a State or other authorized State officer from proceeding in State or Federal court on the basis of an alleged violation of any civil or criminal statute of that State. (5) Limitation.--An action may not be brought under this subsection if, at the time the action is brought, the same alleged violation is the subject of a pending action by the Commission or the United States. SEC. 4. PREEMPTION OF DIRECTLY CONFLICTING STATE LAWS. This Act shall supersede any State law to the extent such law directly conflicts with the provisions of this Act, or a standard, rule, or regulation promulgated under this Act, and then only to the extent of such direct conflict. Any State law, rule, or regulation shall not be considered in direct conflict if it affords a greater level of protection to individuals protected under this Act. SEC. 5. DEFINITIONS. In this Act: (1) Automatic renewal contract.--The term ``automatic renewal contract'' means a contract between any person and any consumer for a good or service that is automatically renewed after an initial fixed period, unless the consumer instructs otherwise. (2) Commission.--The term ``Commission'' means the Federal Trade Commission. (3) Continuity plan contract.--The term ``continuity plan contract'' means a contract between any person and any consumer under which the consumer agrees to pay for periodic shipments of goods or the provision of services, unless the consumer instructs otherwise. (4) Free-to-pay conversion contract.--The term ``free-to- pay conversion contract'' means a contract between any person and any consumer under which-- (A) for an introductory period, the consumer receives a good or service at no charge or for a nominal charge; and (B) after the introductory period, the amount the consumer will be charged or otherwise be required to pay is increased for the good or service. (5) Negative option.--The term ``negative option'' means-- (A) an offer or agreement to sell or provide any goods or services, or a provision under which the customer's silence or failure to take an affirmative action to reject goods or services or to cancel the agreement is interpreted by the seller as acceptance of the offer, including but not limited to-- (i) an automatic renewal contract; (ii) a continuity plan contract; (iii) a free-to-pay conversion contract; (iv) a pre-notification negative option plan contract; or (v) any combination of the contracts described in clauses (i) through (iv). (6) Notification.--The term ``notification'', when used with respect to the terms of a contract, means a written notification that clearly, conspicuously, and concisely states all material terms of the negative option, including information regarding the simple mechanisms for cancellation. (7) Pre-notification negative option plan contract.--The term ``pre-notification negative option plan contract'' means a contract between any person and any consumer under which the consumer receives periodic notices offering goods or services and, unless the consumer specifically rejects the offer, the consumer automatically receives the goods and services and agrees to pay for such goods and services. SEC. 6. EFFECTIVE DATE. This Act shall apply with respect to contracts entered into after the date that is 1 year after the date of the enactment of this Act. <all>

Unsubscribe Act of 2021

A bill to increase consumer protection with respect to negative option offers in all media, including on the internet, and for other purposes.

Unsubscribe Act of 2021

Sen. Schatz, Brian

D

HI

H.R.6742

International Affairs

Never Yielding Europe's Territory (NYET) Act of 2022 This bill addresses Russia's actions against Ukraine and other countries in the region. The bill authorizes and expedites the provision of security assistance, including by (1) prioritizing delivering excess defense articles to Ukraine, (2) authorizing the Department of State to waive certain costs for defense articles leased to Ukraine, and (3) authorizing additional Foreign Military Financing for programs in Europe. The bill also provides funding for (1) Foreign Military Financing assistance to Ukraine, (2) the Global Engagement Center to counter foreign-sponsored propaganda and disinformation, (3) the Countering Russian Influence Fund to support Ukraine and other countries in response to Russia's aggression, and (4) International Military Education and Training assistance for Ukraine. Furthermore, the bill imposes sanctions, including on (1) senior Russian military officials responsible for planning or executing military operations that violated Ukraine's sovereignty or territorial integrity, and (2) foreign individuals or entities that acted on behalf of Russia's government to destabilize Ukraine or disrupt Ukraine's critical infrastructure. The bill also addresses additional matters, including (1) prohibiting the National Aeronautics and Space Administration from sponsoring visas for Russian nationals affiliated with ROSCOSMOS, the entity that implements Russia's space program; (2) authorizing Radio Free Europe/Radio Liberty to explore opening new bureaus to reach audiences on Russia's periphery; and (3) providing for expedited approval of natural gas exports to qualifying nations, including NATO members, whereas currently expedited approval is only available for exports to countries that are in a free trade agreement relating to natural gas with the United States.

To counter the aggression of the Russian Federation against Ukraine and Eastern European allies, to expedite security assistance to Ukraine, to bolster its defense capabilities and those of allies and partners in the region, to impose sanctions relating to the actions of the Russian Federation with respect to Ukraine, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Never Yielding Europe's Territory (NYET) Act of 2022''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definition. Sec. 3. Sense of Congress. Sec. 4. Statement of policy. TITLE I--EXPEDITING SECURITY ASSISTANCE TO UKRAINE AND BOLSTERING UKRAINE'S DEFENSE CAPABILITIES Sec. 101. Prioritizing delivery of excess defense articles to Ukraine. Sec. 102. Use of Department of Defense lease authority and Special Defense Acquisition Fund to support Ukraine. Sec. 103. Presidential drawdown authority. Sec. 104. Foreign military financing for Ukraine. Sec. 105. Authority to provide assistance for the defense of Ukraine. Sec. 106. Enhancing efforts to counter Kremlin disinformation. Sec. 107. Emergency appropriations for the Countering Russian Influence Fund. Sec. 108. Temporary waiver of reimbursement costs for leased defense articles. Sec. 109. Ukraine Democracy Defense Lend-Lease Act of 2022. Sec. 110. Temporary expedited congressional review of arms sales to Ukraine. Sec. 111. Congressional review and oversight of emergency arms transfers and sales to Ukraine and Central and Eastern European countries. Sec. 112. Increase in special authorities for Ukraine. Sec. 113. International military education and training cooperation with Ukraine. Sec. 114. Loan authority for Ukraine. Sec. 115. Extension and modification of limitation on military cooperation between the United States and the Russian Federation. Sec. 116. Reports on security assistance and provision of defense articles to Armed Forces of Ukraine. Sec. 117. Report on Russian chemical and biological activities in Ukraine. Sec. 118. Report on policies and procedures governing support for Ukraine. TITLE II--COUNTERING KREMLIN MALIGN INFLUENCE AND AGGRESSION IN EUROPE Sec. 201. Authorization of appropriations for foreign military financing grant assistance to European allies and partners. Sec. 202. Boost European Deterrence Initiative (EDI), including funding for military exercises. Sec. 203. Ukraine Security Assistance Initiative. Sec. 204. Bolstering Ukraine's cyber defense and resiliency capabilities. Sec. 205. Expanded broadcasting in countries of the former Soviet Union to combat Russian disinformation and information operations. Sec. 206. Report on role of intelligence and security services of the Russian Federation in efforts to undermine the independence and integrity of Ukraine. Sec. 207. Deepening security and economic ties with Baltic allies. Sec. 208. Public disclosure of assets of Vladimir Putin and his inner circle. Sec. 209. Report on diplomatic and military impact of Russian military aggression in Ukraine on European security. Sec. 210. Energy security cooperation with allied partners in Europe. Sec. 211. Strategy for cooperation on intermediate-range missile launchers and systems to NATO allies. Sec. 212. Prohibition on Russian access to missile defense sites. TITLE III--MEASURES TO DETER CURRENT AND ESCALATED AGGRESSION AGAINST UKRAINE BY THE RUSSIAN FEDERATION Sec. 301. Definitions. Subtitle A--Sanctions To Deter Aggression Against Ukraine by the Russian Federation Sec. 311. Imposition of sanctions with respect to senior Russian defense officials related to the build-up of Russian Armed Forces along Ukraine's border. Sec. 312. Imposition of sanctions with respect to Nord Stream 2. Sec. 313. Imposition of sanctions with respect to foreign persons contributing to the destabilization of Ukraine or malicious cyber activities against Ukraine. Sec. 314. Imposition of sanctions with respect to facilitating transactions for the Russian Armed Forces. Sec. 315. Imposition of sanctions with respect to entities on the CAATSA section 231(e) list. Subtitle B--Sanctions and Other Measures in Response to Escalation of Aggression Against Ukraine by the Russian Federation Sec. 321. Determination with respect to operations of the Russian Federation in Ukraine. Sec. 322. Imposition of sanctions with respect to Nord Stream 2. Sec. 323. Imposition of sanctions with respect to Russian financial institutions. Sec. 324. Imposition of sanctions with respect to Russian oligarchs and members of Putin's inner circle. Sec. 325. Imposition of sanctions with respect to officials of the Government of the Russian Federation relating to operations in Ukraine. Sec. 326. Prohibition on and imposition of sanctions with respect to transactions involving Russian sovereign debt. Sec. 327. Imposition of sanctions with respect to Russian extractive industries. Sec. 328. Imposition of sanctions with respect to Belarus related to the build-up of Russian Armed Forces along Ukraine's border. Sec. 329. Prohibition on investment in occupied Ukrainian territory. Sec. 330. Application of congressional review under Countering America's Adversaries Through Sanctions Act. Sec. 331. Consideration of information provided by Congress in imposing sanctions. Sec. 332. Denial order for export of semiconductors to the Russian Federation. Sec. 333. Imposition of sanctions with respect to persons that violate United States law for the benefit of the Russian Federation. Subtitle C--Other Matters Sec. 341. Restriction of access to NASA areas controlled or occupied by ROSCOSMOS. Sec. 342. Reports on limitation on exemption from registration under the Foreign Agents Registration Act of 1938, as amended, for persons filing disclosure reports under the Lobbying Disclosure Act of 1995 who are acting on behalf of Russian entities. Subtitle D--General Provisions Sec. 351. Sanctions described. Sec. 352. Implementation; regulations; penalties. Sec. 353. Exceptions; waiver. Sec. 354. Termination. TITLE IV--HUMANITARIAN ASSISTANCE TO UKRAINE Sec. 401. Humanitarian assistance to Ukraine. Sec. 402. Limitations on humanitarian assistance. TITLE V--GENERAL PROVISIONS Sec. 501. Sunset. Sec. 502. Exception relating to importation of goods. Sec. 503. Prohibition of funds. SEC. 2. DEFINITION. In this Act, the terms ``defense article'' and ``defense service'' have the meanings given those terms in section 47 of the Arms Export Control Act (22 U.S.C. 2794). SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) it is in the national security interests of the United States-- (A) to continue and deepen the security partnership between the United States and Ukraine; and (B) to support Ukraine's sovereignty and territorial integrity; (2) aggression and malign influence by the Government of the Russian Federation and its proxies in Ukraine are a threat to the democratic sovereignty of Ukraine and the lives and livelihoods of its people; (3) the increase in Russian Federation troops, armor, artillery, and associated military equipment on Ukraine's border that began in March 2021 and escalated significantly in October 2021-- (A) threatens the safety, security, financial stability, and sovereignty of Ukraine; (B) is destabilizing to the security of the entire European continent; and (C) may presage an invasion of Ukraine by the Russian Federation, an event that would be Russia's second invasion of Ukraine since 2014; (4) the United States, in coordination with the European Union, the North Atlantic Treaty Organization (NATO), Organization for Security and Co-operation in Europe (OSCE) and members of the international community, should-- (A) support the territorial integrity of Ukraine; and (B) take action to oppose any effort by the Government of the Russian Federation to further encroach on Ukraine's territory and independence; (5) any concession made by the United States and NATO to the demands of the Government of the Russian Federation regarding NATO membership or expansion is antithetical to the North Atlantic Treaty and the commitments at the core of the liberal democratic order; (6) economic and financial sanctions, when used as part of a coordinated and comprehensive strategy, are a powerful tool to advance United States foreign policy and national security interests; and (7) the United States, in coordination with allies and partners of the United States, should impose substantial new sanctions and export controls in response to each act of aggression by the Government of the Russian Federation or its proxies, and to their full extent in the event of escalatory military operations or other destabilizing aggression against Ukraine. SEC. 4. STATEMENT OF POLICY. It is the policy of the United States-- (1) to support the territorial integrity of Ukraine and other countries against aggression by the Government of the Russian Federation or its proxies; (2) to ensure the swift and ongoing provision to Ukraine of lethal and nonlethal security assistance, including surface-to- air missiles, air defense systems, anti-ship missiles, and anti-tank capabilities, on an expedited basis through the Foreign Military Financing program, loan programs, excess defense articles, and the lending or leasing of military equipment; (3) to build the resilience of Ukraine's military defenses and bolster Ukraine's ability to defend against aggression by the Government of the Russian Federation making available assistance to Ukraine's security forces under the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) or chapter 16 of title 10, United States Code, to improve interoperability with NATO forces, and engage in critical areas, including air, sea, and cyber defense; (4) to declassify or downgrade United States intelligence on Russian malign activities in Ukraine, Belarus, and the Baltic and Black Sea nations, kinetic or non-kinetic, to the maximum extent possible, and to enable and encourage dissemination of this information to United States allies and partners and to the American public; (5) to support efforts to improve Ukraine's cybersecurity capacity and strengthen its ability to detect, investigate, disrupt, and deter cyberattacks, including through its national cybersecurity policy, to enhance technical infrastructure, to support cybersecurity education and training, and to promote Ukraine's engagement with international cybersecurity frameworks and organizations; (6) to counter Russian propaganda and disinformation about Ukraine and support unrestricted, independent news and reporting for audiences on the periphery of the Russian Federation, including by increasing support for Radio Free Europe/Radio Liberty; (7) to further enhance security cooperation and engagement with regional partners, including those in the Black Sea region and the Baltic States, in an effort to strengthen Ukrainian and regional security; (8) to work closely with NATO allies, particularly allies that share a border with the Russian Federation, on any matters related to European security; (9) to reduce the dependence of allies and partners of the United States on energy resources that originate in the Russian Federation in order for such countries to achieve lasting and dependable energy security, including by increasing access to diverse, reliable, and affordable energy; (10) to condemn the Government of the Russian Federation for, and to deter such government from, using its energy resources as a geopolitical weapon to coerce, intimidate, and influence other countries; (11) to formulate a rapid and comprehensive response to any humanitarian crisis inflicted upon the people of Ukraine as a result of Russian aggression, including mechanisms for emergency response, observation and monitoring of abuses, and justice and accountability, including through the Organization for Security and Co-operation in Europe; (12) to remain committed to a strong and unified NATO and to not cede to the demands of the Government of the Russian Federation regarding NATO force posture and membership; (13) to remain fully committed to NATO's Open Door Policy, which provides a path to membership for any European country that shares our values and meets the necessary responsibilities and obligations; (14) to continue to fully support NATO's decision in the 2008 Bucharest Summit Declaration, reaffirmed ever since including in the June 2021 Brussels Summit, that Ukraine and Georgia will become NATO members; (15) to repudiate Russia's proposal for a ``deployment moratorium'' in the European theater for intermediate-range ground launched missile systems that were previously banned under the Intermediate Range Nuclear Forces (INF) Treaty until Russia repeatedly violated the agreement causing its demise; and (16) to continue the current United States nuclear declaratory policy of ``calculated ambiguity'' and reject changes to United States nuclear declaratory policy that would invite further Russian aggression and undermine NATO unity, such as ``Sole Purpose'', ``Fundamental Purpose'', or ``No First Use''. TITLE I--EXPEDITING SECURITY ASSISTANCE TO UKRAINE AND BOLSTERING UKRAINE'S DEFENSE CAPABILITIES SEC. 101. PRIORITIZING DELIVERY OF EXCESS DEFENSE ARTICLES TO UKRAINE. (a) In General.--During fiscal years 2022 through 2023, the delivery of excess defense articles to Ukraine should be given the same priority as that given other countries and regions under section 516(c)(2) of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j(c)(2)). (b) Notification.--Notwithstanding section 516(f) of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j(f)), during fiscal years 2022 through 2023, the delivery of excess defense articles to Ukraine shall be subject to a 15-day notification requirement, unless, in the event of a notification under section 516(f)(1), the President certifies to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate that an emergency exists that necessitates the immediate transfer of the article. If the President states in his notice that an emergency exists which requires the proposed transfer is in the national security interest of the United States, thus waiving the congressional review requirements of this subsection, the President shall set forth in the notification a detailed justification for his determination, including a description of the emergency circumstances which necessitate the immediate issuance of the letter of offer and a discussion of the national security interests involved. SEC. 102. USE OF DEPARTMENT OF DEFENSE LEASE AUTHORITY AND SPECIAL DEFENSE ACQUISITION FUND TO SUPPORT UKRAINE. (a) Use of Special Defense Acquisition Fund.--The Secretary of Defense, in consultation with the Secretary of State, may utilize, to the maximum extent possible, the Special Defense Acquisition Fund established under section 51 of the Arms Export Control Act (22 U.S.C. 2795) to expedite the procurement and delivery of defense articles and defense services for the purpose of assisting and supporting the Armed Forces of Ukraine. (b) Use of Lease Authority.--The Secretary of Defense, in consultation with the Secretary of State, may utilize, to the maximum extent possible, its lease authority, including with respect to no-cost leases, to provide defense articles to Ukraine for the purpose of assisting and supporting the Armed Forces of Ukraine. SEC. 103. PRESIDENTIAL DRAWDOWN AUTHORITY. (a) In General.--Notwithstanding any other provision of law, out of amounts in the Treasury not otherwise appropriated, $400,000,000 shall be available in the drawdown authority under section 506(a)(1) of the Foreign Assistance Act (22 U.S.C. 2318(a)) for fiscal year 2022. (b) Priority.--The Secretary of Defense shall direct the military services to make available equipment under this authority to the maximum extent possible. SEC. 104. FOREIGN MILITARY FINANCING FOR UKRAINE. (a) Sense of Congress.--It is the sense of Congress that-- (1) the provision of security assistance to Ukraine is one of the most efficient and effective mechanisms for supporting Ukraine and ensuring that it can defend against aggression by the Government of the Russian Federation; (2) in light of the military build-up by the Government of the Russian Federation, the United States, working with allies and partners, should work to expedite the provision of defense articles and other security assistance to Ukraine and prioritize and facilitate assistance to respond to the most urgent defense needs of the Armed Forces of Ukraine; and (3) the United States should ensure adequate planning for maintenance for any equipment provided to Ukraine. (b) Emergency Appropriation.-- (1) In general.--There is appropriated, out of any money in the Treasury not otherwise appropriated, $250,000,000 to the Secretary of State for fiscal year 2022 for Foreign Military Financing assistance to Ukraine. Of the amount so appropriated, not less than $100,000,000 shall be used for the purpose of providing lethal assistance, including efforts to meet Ukraine's priority defense needs including air defense, anti- ship, and anti-armor capabilities, as well as non-standard munitions and ammunition compatible with existing Ukrainian systems. (2) Emergency designation.-- (A) In general.--The amounts provided under paragraph (1) are designated as an emergency requirement pursuant to section 4(g) of the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 933(g)). (B) Designation in house and senate.--This subsection is designated as an emergency requirement pursuant to subsections (a) and (b) of section 4001 of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022. (c) Authorization of Additional Emergency Supplemental Appropriations.--There is authorized to be appropriated, in addition to the amount appropriated by subsection (b), $250,000,000 as an authorization of emergency supplemental appropriations for the Department of State for Foreign Military Financing assistance for fiscal year 2022. If $250,000,000 is not appropriated in fiscal year 2022, the remaining balance is authorized to be appropriated in subsequent fiscal years in accordance with Foreign Military Financing budget procedures. (d) Notice to Congress.--Not later than 15 days before providing assistance or support pursuant to this section, the Secretary of State shall submit to the Committee on Foreign Affairs of the House of Representatives, the Committee on Foreign Relations of the Senate, the Committee on Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives a notification containing the following: (1) A detailed description of the assistance or support to be provided, including-- (A) the objectives of such assistance or support; (B) the budget for such assistance or support; and (C) the expected or estimated timeline for delivery of such assistance or support. (2) A description of such other matters as the Secretary considers appropriate. (e) Authority To Provide Lethal Assistance.--The Secretary of State is authorized to provide lethal assistance under this section, including anti-armor weapon systems, mortars, crew-served weapons and ammunition, grenade launchers and ammunition, anti-tank weapons systems, anti-ship weapons systems, anti-aircraft weapons systems, and small arms and ammunition. (f) Authority To Support Direct Commercial Contracts.-- Notwithstanding any other provision of law, and subject to the notification requirements in this Act, the authority of this section may be used to provide financing to Ukraine for the procurement by leasing (including leasing with an option to purchase) of defense articles from United States commercial suppliers, if the President determines that there are compelling foreign policy or national security reasons for those defense articles being provided by commercial lease rather than by government-to-government sale, including ammunition and other lethal assistance. (g) Waiver.--The President may waive the notice to Congress in subsection (d) with respect to providing assistance or support pursuant to subsections (b) and (c) if the President determines and certifies within 30 days of providing assistance that it is in the national interest of the United States to immediately issue fiscal year 2022 or prior fiscal year foreign military financing funds for Ukraine. The certification shall include-- (1) the use of these funds and a proposed timeline for expending these program funds, if applicable; (2) how these funds provide support to Ukraine's security forces; (3) an explanation as to the urgency of these funds being used; (4) the program implementer and whether support will be provided in Ukraine in program implementation; and (5) a detailed description of any defense articles and the planned disposition of these articles once the program concludes. (h) Termination.--The waiver in subsection (g) shall terminate 6 months after the date of enactment of this Act. SEC. 105. AUTHORITY TO PROVIDE ASSISTANCE FOR THE DEFENSE OF UKRAINE. (a) Statement of Policy.--In the event of an invasion of Ukraine by the Government of the Russian Federation, it is in the interests of the United States to continue to support the Ukrainian people in their resistance against Russian occupation, control, or attack. (b) Establishment of Ukraine Resistance Fund.--Upon an affirmative determination under section 321, there is established a Ukraine Resistance Fund composed of both Department of Defense and Department of State assistance programs as outlined in subsections (c)(1) and (c)(2). (c) Implementation.-- (1) Department of defense post-invasion assistance to ukraine.-- (A) Authority.--Upon an affirmative determination under section 321, the Secretary of Defense, in coordination with the Secretary of State, is authorized through fiscal year 2023 to provide assistance, including training, lethal and non-lethal equipment, supplies, and sustainment to the security forces of the Government of Ukraine and appropriately vetted Ukrainian groups and individuals for the purpose of defending the Ukrainian people and the territorial integrity of Ukraine from attacks by the Government of the Russian Federation. (B) Requirement for plan.--The Secretary of Defense, with the concurrence of the Secretary of State, shall prepare and submit to the appropriate congressional committees not later than 15 days before providing assistance for the first time under this paragraph a plan for providing such assistance and an identification of the objectives of such assistance, a description of the process to be used to determine recipients of such assistance that includes-- (i) an identification of the objectives of such assistance; (ii) a description of the process to be used to determine and vet recipients of such assistance; (iii) a description of the mechanisms and procedures that will be used to monitor the provision of assistance; (iv) a description of how delivery of any defense articles or services will be conducted; (v) a description of the recipients, where they are located and intend to operate, and the extent of their capacity to use lethal and non- lethal assistance, including defense articles, provided under this fund; (vi) a description of the current operating environment and the threats that these recipients face, including risk of chemical or biological attack; (vii) a certification that recipients will comply with internationally recognized standards of human rights, take necessary measures to mitigate against civilian casualties, have received a ``no-strike'' list, and end user restrictions, including the requirement for U.S. Government authorization for any re-transfers of defense articles; (viii) a description of other assistance, including lethal assistance, recipients are receiving from other foreign governments; (ix) conditions for concluding this program, including how to draw down further assistance to recipients; and (x) a description of how to account for any equipment that may have fallen into the hands of the Government of the Russian Federation or to account for defense articles deemed as battlefield losses. (C) Quarterly progress report.--Not later than 90 days after exercising the authority under subparagraph (A), and every 90 days thereafter, the Secretary of Defense, with the concurrence of the Secretary of State, shall prepare and submit to the appropriate committees of Congress a progress report on assistance provided under such subsection. (D) Authority to accept contributions.--The Secretary of Defense may accept and retain contributions, including assistance in kind, from foreign governments to provide assistance as authorized by this section. Any funds so accepted by the Secretaries shall be credited to appropriations for the appropriate operation and maintenance accounts. (E) Authorization of emergency supplemental appropriations.--There is authorized to be appropriated $250,000,000 for each of fiscal years 2022 and 2023 for the Department of Defense for Operation and Maintenance for carrying out activities under subparagraph (A). (2) Emergency supplemental appropriations for state department efforts in support of ukrainian resistance.-- (A) Authority.--Upon an affirmative determination under section 321, the funds described in subparagraph (D) shall be made available to the Secretary of State for the Ukraine Resistance Fund to support Ukrainian resistance against Russian efforts to occupy or subdue territory under the authority of the internationally recognized Government of Ukraine. (B) Plan for implementation.--The Secretary of State shall submit to the appropriate congressional committees not later than 15 days before providing assistance for the first time under subparagraph (A) a plan for providing such assistance and an identification of the objectives of such assistance, a description of the process to be used to determine recipients of such assistance, and a description of the mechanisms and procedures that will be used to monitor the provision of assistance. (C) Quarterly progress report.--Not later than 90 days after exercising the authority under subparagraph (A), and every 90 days thereafter, the Secretary of State shall submit to the appropriate committees of Congress, a progress report on assistance provided under such subsection. (D) Emergency appropriations.-- (i) Appropriations.--There is appropriated, out of any money in the Treasury not otherwise appropriated, $220,000,000 to the Secretary of State for each of fiscal years 2022 and 2023 for efforts to support Ukrainian resistance against Russian efforts to occupy or subdue territory under the authority of the internationally recognized Government of Ukraine, to remain available until expended. (ii) Availability.--The amounts appropriated under clause (i) shall be made available as follows: (I) $20,000,000 for the Global Engagement Center for efforts to support Ukrainian resistance to Russian aggression, including countering undue political influence, providing political support to the legitimate government of Ukraine, countering Russian disinformation related to its aggression against Ukraine, exposing potential Russian atrocities against the people of Ukraine, and rallying international support for the people of Ukraine. (II) $200,000,000 for the Countering Russian Influence Fund for efforts to support Ukrainian resistance to Russian aggression, including logistical, organizational, and operational support for programs pursuant to this section. (iii) Emergency designation.-- (I) In general.--The amounts provided under clause (i) are designated as an emergency requirement pursuant to section 4(g) of the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 933(g)). (II) Designation in house and senate.--Clause (i) is designated as an emergency requirement pursuant to subsections (a) and (b) of section 4001 of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022. (d) Clarification on the Use of Force.--Nothing in this Act constitutes, or may be construed to provide, authorization for the use of United States military force. (e) Notice to Congress.--Notwithstanding congressional notification requirements under other applicable provisions of law, no later than 15 days before providing assistance or support pursuant to this section, the Secretary of Defense and the Secretary of State shall submit a notification to the appropriate congressional committees identified in subsection (f). (f) Appropriate Committees of Congress Defined.--In this section, the term ``appropriate committees of Congress'' means-- (1) the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Appropriations of the Senate; and (2) the Committee on Foreign Affairs, the Committee on Armed Services, and the Committee on Appropriations of the House of Representatives. SEC. 106. ENHANCING EFFORTS TO COUNTER KREMLIN DISINFORMATION. (a) Emergency Appropriations for Global Engagement Center.-- (1) Appropriations.--There is appropriated, out of any money in the Treasury not otherwise appropriated, $20,000,000 to the Secretary of State for fiscal year 2022 for the Global Engagement Center to counter foreign state- and non-state- sponsored propaganda and disinformation, with priority given to programs and activities in Europe. (2) Emergency designation.-- (A) In general.--The amounts provided under paragraph (1) are designated as an emergency requirement pursuant to section 4(g) of the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 933(g)). (B) Designation in house and senate.--This subsection is designated as an emergency requirement pursuant to subsections (a) and (b) of section 4001 of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022. (b) Report Required.-- (1) In general.--Not later than 90 days 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 the Senate a report that contains-- (A) a description of efforts to counter and combat disinformation by the Russian Federation with the additional funds provided by this subsection; (B) a description of efforts to combat malign influence operations of the Russian Federation aimed at inflaming tensions and dividing Ukrainian society; (C) a description of efforts to assist allies and partners in Central and Eastern Europe in exposing and countering Russian malign influence campaigns and operations; (D) recommendations to increase support for independent media outlets, including Radio Free Europe/ Radio Liberty; (E) recommendations to increase support for independent media outlets catering to Russian-speaking populations residing in Russian-occupied Crimea, the Donbas region of Ukraine, and throughout Ukraine; and (F) a description of the major Russian narratives in Central and Eastern Europe and an assessment of which narratives have proven most effective in achieving Russian objectives and undermining the influence of the United States. (c) Elimination of Termination Date for the Global Engagement Center.--Section 1287 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328; 22 U.S.C. 2656 note) is amended-- (1) in subsection (h), by striking the second sentence; and (2) by striking subsection (j). SEC. 107. EMERGENCY APPROPRIATIONS FOR THE COUNTERING RUSSIAN INFLUENCE FUND. (a) Emergency Appropriations.-- (1) Appropriations.--There is appropriated, out of any money in the Treasury not otherwise appropriated, $200,000,000 to the Secretary of State for fiscal year 2022 for the Countering Russian Influence Fund to provide additional support to Ukraine and Central and Eastern European allies in the wake of aggression by the Russian Federation. (2) Emergency designation.-- (A) In general.--The amounts provided under paragraph (1) are designated as an emergency requirement pursuant to section 4(g) of the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 933(g)). (B) Designation in house and senate.--This subsection is designated as an emergency requirement pursuant to subsections (a) and (b) of section 4001 of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022. (b) Report Required.-- (1) In general.--Not later than 90 days 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 the Senate a report that contains a plan for countering and combating aggression by the Russian Federation with the additional funds provided by this section and supporting Ukraine and Eastern Europe allies to improve their defenses against such aggression. (2) Form.--The strategy required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex if necessary. SEC. 108. TEMPORARY WAIVER OF REIMBURSEMENT COSTS FOR LEASED DEFENSE ARTICLES. Notwithstanding section 61(a)(4) of the Arms Export Control Act (22 U.S.C. 2796(a)(4)), the Secretary of State may waive the requirement for reimbursement of all costs, including depreciation, restoration, and replacement costs, for defense articles leased to Ukraine during fiscal year 2022 if the Secretary of State determines that doing so is in the national security interest of the United States. SEC. 109. UKRAINE DEMOCRACY DEFENSE LEND-LEASE ACT OF 2022. (a) Short Title.--This section may be cited as the ``Ukraine Democracy Defense Lend-Lease Act of 2022''. (b) Authority To Lend or Lease Defense Articles to the Government of Ukraine.-- (1) In general.--Subject to the provisions of law described in paragraph (2), for fiscal years 2022 and 2023, the President may authorize the United States Government to lend or lease defense articles to the Government of Ukraine to help bolster Ukraine's defense capabilities and protect its civilian population from potential invasion by the Armed Forces of the Government of the Russian Federation. (2) Exclusions.--For the purposes of the authority described in paragraph (1), the following provisions of law shall not apply: (A) Section 503(b)(3) of the Foreign Assistance Act of 1961 (22 U.S.C. 2311(b)(3)). (B) Sections 61 and 63 of the Arms Export Control Act (22 U.S.C. 2796, 2796b). (3) Waiver of certain report requirements.--Congress finds that an emergency exists for purposes of subsection (b) of section 62 of the Arms Export Control Act (22 U.S.C. 2796a), and the requirements of subsection (b) of such section are waived. (4) Delegation of authority.--The President may delegate the enhanced authority described in paragraph (1) only to an official appointed by the President by and with the advice and consent of the Senate. (c) Procedures for Delivery of Defense Articles.--Not later than 60 days after the date of the enactment of this Act, the President shall establish expedited procedures for the delivery of any defense article loaned or leased to the Government of Ukraine under an agreement entered into under subsection (b) to ensure timely delivery of the article to that Government. SEC. 110. TEMPORARY EXPEDITED CONGRESSIONAL REVIEW OF ARMS SALES TO UKRAINE. (a) Sense of Congress.--It is the sense of Congress that-- (1) expeditious consideration of certifications of letters of offer to sell defense articles, defense services, design and construction services, and major defense equipment to Ukraine under section 36(b) of the Arms Export Control Act (22 U.S.C. 2776(b)) is in the security and foreign policy interests of the United States; and (2) the designation of Ukraine as a member of the colloquially titled ``NATO Plus'' community of states, which presently includes Japan, Australia, the Republic of Korea, Israel, and New Zealand, with respect to consideration by Congress of Foreign Military Sales to Ukraine, as well as all other rights, privileges, and responsibilities afforded to such community of states, is in the security and foreign policy interests of the United States. (b) Application and Administration of Provisions of Law With Respect to Ukraine.--During the 2-year period beginning on the date of the enactment of this Act, in furtherance of the United States support for Ukraine's NATO aspirations, including through work towards a Membership Action Plan, or until Ukraine deposits its instrument of accession to the North Atlantic Treaty with the Department of State in Washington, DC, Ukraine shall be treated as if it were a country listed in the provisions of law described in subsection (c) for purposes of applying and administering such provisions of law. (c) Provisions of Law Described.--The provisions of law described in this subsection are-- (1) subsections (b)(2), (d)(2)(B), (d)(3)(A)(i), and (d)(5) of section 3 of the Arms Export Control Act (22 U.S.C. 2753); (2) subsections (e)(2)(A), (h)(1)(A), and (h)(2) of section 21 of such Act (22 U.S.C. 2761); (3) subsection (b)(1) and subsections (b)(2), (b)(6), (c)(2)(A), (c)(5), and (d)(2)(A) of section 36 of such Act (22 U.S.C. 2776); (4) section 62(c)(1) of such Act (22 U.S.C. 2796a(c)(1)); and (5) section 63(a)(2) of such Act (22 U.S.C. 2796b(a)(2)). (d) Continued Application.--The Secretary of State is authorized to continue to treat Ukraine as if it were a country listed in the provisions of law described in subsection (c) for purposes of applying and administering such provisions of law for one or more additional 2- year periods, or until Ukraine deposits its instrument of accession to the North Atlantic Treaty with the Department of State in Washington, DC, beginning after the end of the 2-year period described in subsection (b) if, with respect to each such additional 2-year period, the Secretary-- (1) determines that such continued application is in the national security interest of the United States; (2) determines that such continued application is carried out alongside United States support for Ukraine's NATO aspirations, including through work towards a Membership Action Plan; and (3) submits such determination to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate not later than 15 days before the start of such an additional 2-year period. (e) Termination.--This section shall terminate on the date on which Ukraine deposits its instrument of accession to the North Atlantic Treaty with the Department of State in Washington, DC. SEC. 111. CONGRESSIONAL REVIEW AND OVERSIGHT OF EMERGENCY ARMS TRANSFERS AND SALES TO UKRAINE AND CENTRAL AND EASTERN EUROPEAN COUNTRIES. (a) Sense of Congress.--It is the sense of Congress that: (1) Ukraine and its neighboring Central and Eastern European (CEE) countries (Bulgaria, the Czech Republic, Hungary, Poland, Romania, the Slovak Republic, Slovenia, Estonia, Latvia and Lithuania) in NATO are at a heightened threat of Russian military aggression. As security partners and NATO allies, the United States provides defense articles, services, design and construction services, and major defense equipment under the Arms Export Control Act and in accordance with the Foreign Assistance Act. (2) There is an urgent need to provide for these defense articles and services as a result of the emergency security situation created by Russia's destabilizing military presence in and around Ukraine. This military buildup poses a threat of a potential military invasion, and hybrid attack, including cyberattacks, political subversion and paramilitary activity. A military invasion, which may include non-conventional warfare, would potentially result in instability in Ukraine and the neighboring CEE countries. (b) Application and Administration of Contingency Provision of Law With Respect to Ukraine and CEE Countries.--During the 6-month period beginning on the date of the enactment of this Act-- (1) notwithstanding any other provision of law, the President is authorized to use available funds to carry out any provision of this Act in order to provide for any defense articles, services, design and construction services, and major defense equipment under the Arms Export Control Act to Ukraine and CEE countries; and (2) the President shall waive appropriate charges, including for administrative services, a proportionate amount of any nonrecurring costs, and the recovery of ordinary inventory losses associated with the sale from stocks, or replacement if the articles are damaged while leased. (c) Report.--The President shall report within 10 days promptly to the Speaker and minority leader of the House of Representatives and to the Committees on Foreign Affairs, Armed Services, and Appropriations of the House of Representatives and the Committees on Foreign Relations, Armed Services, and Appropriations of the Senate each time the authority contained in this subsection is exercised. A certification shall accompany this report explaining how the immediate issuance of these licenses, transfers, sales, leases, and third-party transfers contributed directly to the emergency use of the notwithstanding provision in this section, including the status of shipments-- (1) when the defense articles subject to the certification were shipped; (2) the serial number of any Major Defense Equipment as defined in section 47(6) of the AECA shipped; (3) the schedules for projected periods of performance of defense services provided; (4) a list of any outstanding Major Defense Equipment (MDE) subject to shipment under the emergency certification, and their scheduled deliveries; (5) the estimated value of these defense articles; and (6) the estimated cost and length of time for training on transferred defense articles. (d) Provisions of Law Described.--The provisions of law described in this subsection are-- (1) subsections (a)(4) and (d)(2) of section 3 of the Arms Export Control Act (22 U.S.C. 2753); (2) subsections (e)(2)(A), (h)(1)(A), and (h)(2) of section 21 and section 22 of such Act (22 U.S.C. 2761); (3) subsection (b)(1) and subsections (b)(2), (b)(6), (c)(2)(A), (c)(5), and (d)(2)(A) of section 36 of such Act (22 U.S.C. 2776); (4) section 51 of such Act; (5) section 62(c)(1) of such Act (22 U.S.C. 2796a(c)(1)); (6) section 63(a)(2) of such Act (22 U.S.C. 2796b(a)(2)); and (7) section 516(c)(2) of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j(c)(2)). (e) Continued Application.--The President is authorized to continue to apply this emergency provision in the provisions of law described in subsection (d) for purposes of applying and administering such provisions of law for one additional 6-month period, beginning after the end of the 6-month period described in subsection (b) if, with respect to an additional 6-month period, the Secretary-- (1) determines that such continued application is in the national security interest of the United States; (2) determines that such continued application complements decisions by the NATO Advisory Council; and (3) submits such determination to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate not later than 5 days before the start of such an additional 6-month period. (f) Termination.--This section shall terminate one year after the date of enactment of this Act. SEC. 112. INCREASE IN SPECIAL AUTHORITIES FOR UKRAINE. (a) Sense of Congress.--It is the sense of Congress that: (1) The Foreign Assistance Act, section 614, authorizes the President to furnish assistance of up to $250,000,000 in any fiscal year if that country is a victim of active aggression. (2) Ukraine is a victim of active aggression by Russian forces operating under the direction of the Government of the Russian Federation. (3) Ukraine is in need of ammunition and other defensive lethal assistance. Ukraine shall be eligible under United States law to establish Direct Commercial Contracts with these assistance funds for the immediate purchase of ammunition and other lethal assistance. Contracts should be entered into with companies that have already completed their DCC contractor certification. (4) The President should immediately direct the Department of State, Department of Commerce, and the Department of Defense to issue temporary guidelines for the expedited processing, review, and issuance of commercial contracts for direct purchase of United States defense articles and services from United States firms to be financed with funds under this section. SEC. 113. INTERNATIONAL MILITARY EDUCATION AND TRAINING COOPERATION WITH UKRAINE. (a) Sense of Congress.--It is the sense of Congress that-- (1) International Military Education and Training (IMET) is a critical component of United States security assistance that facilitates training of international forces and strengthens cooperation and ties between the United States and foreign countries; (2) it is in the national interest of the United States to further strengthen the Armed Forces of Ukraine, particularly to enhance their defensive capability and improve interoperability for joint operations; and (3) the Government of Ukraine should fully utilize the United States IMET program, encourage eligible officers and civilian leaders to participate in the training, and promote successful graduates to positions of prominence in the Armed Forces of Ukraine. (b) Authorization of Appropriations.--There is authorized to be appropriated to the Department of State $3,500,000 for fiscal year 2022 for International Military Education and Training assistance for Ukraine. The assistance shall be made available for the following purposes: (1) Training of future leaders. (2) Establishing a rapport between the United States Armed Forces and the Armed Forces of Ukraine to build partnerships for the future. (3) Enhancement of interoperability and capabilities for joint operations. (4) Focusing on professional military education, civilian control of the military, and human rights. (5) Fostering a better understanding of the United States. (c) Notice to Congress.--Not later than 15 days before providing assistance or support pursuant to subsection (a), the Secretary of State shall submit to the Committee on Foreign Affairs of the House of Representatives, the Committee on Foreign Relations of the Senate, the Committee on Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives a notification containing the following elements: (1) A detailed description of the assistance or support to be provided, including-- (A) the objectives of such assistance or support; (B) the budget for such assistance or support; and (C) the expected or estimated timeline for delivery of such assistance or support. (2) A description of such other matters as the Secretary considers appropriate. (d) Emergency Appropriation.-- (1) In general.--There is appropriated, out of any money in the Treasury not otherwise appropriated, $3,500,000 to the Secretary of State for fiscal year 2022 for International Military Education and Training assistance for Ukraine for the purposes described in subsection (b). (2) Emergency designation.-- (A) In general.--The amounts provided under paragraph (1) are designated as an emergency requirement pursuant to section 4(g) of the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 933(g)). (B) Designation in house and senate.--This subsection is designated as an emergency requirement pursuant to subsections (a) and (b) of section 4001 of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022. SEC. 114. LOAN AUTHORITY FOR UKRAINE. (a) Sense of Congress.--It is the sense of Congress that-- (1) as appropriate, the United States Government should provide direct loans to Ukraine for the procurement of defense articles, defense services, and design and construction services pursuant to the authority of section 23 of the Arms Export Control Act (22 U.S.C. 2763) to support the further development of Ukraine's military forces; and (2) such loans should be considered an additive security assistance tool and not a substitute for Foreign Military Financing or Ukraine Security Assistance Initiative programming. (b) Authority.--For fiscal year 2022 and 2023, the President, acting through the Secretary of State, is authorized-- (1) to make direct loans under section 23 of the Arms Export Control Act (22 U.S.C. 2763) to Ukraine, notwithstanding the minimum interest rate required by subsection (c)(1) of such section; and (2) to charge fees for such loans under paragraph (1), which shall be collected from borrowers in accordance with section 502(7) of the Congressional Budget Act of 1974 (2 U.S.C. 661a(7)), and which may be used to cover the costs of such loans as defined in section 502 of the Congressional Budget Act of 1974. (c) Certification.--Not fewer than 15 days before entering into an agreement to make a loan described in subsection (b), 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 certification-- (1) certifying that the loan will aid Ukraine in bolstering its defensive capabilities; and (2) describing the specific intended purpose and use of the loan. (d) Repayment.--A loan made under the authority provided by subsection (b) shall be repaid in not more than 12 years, but may include a grace period of up to 1 year on the repayment of the principal. SEC. 115. EXTENSION AND MODIFICATION OF LIMITATION ON MILITARY COOPERATION BETWEEN THE UNITED STATES AND THE RUSSIAN FEDERATION. (a) Extension.--Subsection (a) of section 1232 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2488) is amended by striking ``or 2021'' and inserting ``2021, 2022, or 2023''. (b) Waiver.--Subsection (c)(2) of such section is amended to read as follows: ``(2) not later than 15 days before the date on which the waiver takes effect, and every 90 days thereafter, submits to the Committee on Foreign Relations, the Committee on Armed Services, and the Select Committee on Intelligence of the Senate and the Committee on Foreign Affairs, the Committee on Armed Services, and the Permanent Select Committee on Intelligence of the House of Representatives-- ``(A) a notification that the waiver is in the national security interest of the United States and a description of the national security interest covered by the waiver during the applicable reporting period; ``(B) a description of any condition or prerequisite placed by the Russian Federation on military cooperation between the United States and the Russian Federation; ``(C) a description of the results achieved by United States-Russian Federation military cooperation during the applicable reporting period and an assessment of whether such results meet the national security objectives described under subparagraph (A); ``(D) a description of the measures in place to mitigate counterintelligence or operational security concerns and an assessment of whether such measures have succeeded, submitted in classified form as necessary; and ``(E) a report explaining why the Secretary of Defense cannot make the certification under subsection (a).''. SEC. 116. REPORTS ON SECURITY ASSISTANCE AND PROVISION OF DEFENSE ARTICLES TO ARMED FORCES OF UKRAINE. (a) In General.--Not later than 90 days after the date of the enactment of this Act, and every 180 days thereafter, the President shall submit to the Committee on Foreign Affairs and Committee on Armed Services of the House of Representatives and the Committee on Foreign Relations and the Committee on Armed Services of the Senate a report on the items that the United States has provided the Government of Ukraine to assist in its defense. (b) Contents.--The report required by subsection (a) shall include-- (1) a description of the steps the United States has taken to provide and expedite security assistance, defense articles, and any other forms of support to Ukraine and the Armed Forces of Ukraine, including increasing air defense capabilities, since March 1, 2021; (2) a description of any increased assistance and support provided by allies and partners of the United States or Ukraine to Ukraine or the Armed Forces of Ukraine, including increasing air defense capabilities, since March 1, 2021; and (3) a full accounting of all items provided to the Government of Ukraine since March 1, 2021, to include a list of the dates upon which all of the items were provided to the Government of Ukraine under-- (A) any execution of the presidential drawdown authority; (B) the Foreign Military Financing program; (C) the Foreign Military Sales program; (D) the Ukraine Security Assistance Initiative; (E) the Excess Defense Articles program; (F) the Lend-Lease program described in section 109; and (G) any additional assistance made available by the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) or chapter 16 of title 10, United States Code, and made available to Ukraine's security forces. (c) Report on Efforts To Lift NATO Support and Procurement Agency (NSPA) Restrictions on Transfers of Defense Articles to Ukraine.--Not later than 90 days after the date of the enactment of this Act, the President 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 existing and any new restrictions imposed by the NATO Support and Procurement Agency since October 1, 2021, on transfers of defense articles to Ukraine, including third-party transfers, and recommendations on whether and how such restrictions should be lifted. SEC. 117. REPORT ON RUSSIAN CHEMICAL AND BIOLOGICAL ACTIVITIES IN UKRAINE. (a) In General.--Not later than 90 days after the date of the enactment of this Act, the Secretary of State, in coordination with the Secretary of Defense and the Director of National Intelligence, shall submit to the appropriate congressional committees a report that includes-- (1) a description of any actions by Russia to use, move, develop, produce, or otherwise acquire, stockpile, retain, or otherwise employ or deploy chemical or biological weapons in or against Ukraine that could constitute a potential violation of its obligations as a State Party to the Chemical Weapons Convention or the Biological Weapons Convention, including activities relating to-- (A) military-grade nerve agents; (B) pharmaceutical-based agents; (C) destruction of any chemical production facility; (D) chemical or biological weapons development facilities; (E) chemical or biological weapons production facilities; (F) chemical or biological weapons stockpiles; and (G) cooperation with other nations regarding the use, development, supply, production, transfer, or deployment of chemical weapons; (2) a listing of entities facilitating any activities identified in paragraph (1); and (3) a description of any potential or planned use of those items listed in paragraph (1) should focus on-- (A) assassinations; (B) targeted killings; and (C) battlefield use. (b) Form.--The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex produced consistent with the protection of sources and methods. (c) Appropriate Committees of Congress.--In this section, the term ``appropriate committees of Congress'' means-- (1) the Committee on Foreign Relations, the Committee on Armed Services, and the Select Committee on Intelligence of the Senate; and (2) the Committee on Foreign Affairs, the Committee on Armed Services, and the Permanent Select Committee on Intelligence of the House of Representatives. SEC. 118. REPORT ON POLICIES AND PROCEDURES GOVERNING SUPPORT FOR UKRAINE. (a) In General.--Not later than 30 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a report on the legal and policy guidance governing intelligence sharing and security assistance between the United States and Ukraine. (b) Contents.--The report required by subsection (a) shall include-- (1) a description of applicable diplomatic, regulatory, or legal guidance on the provision of security assistance by the United States to Ukraine through programs of the Department of State and the Department of Defense, including restrictions outside of the International Trafficking in Arms Regulations (22 C.F.R. 120 et seq.) and prohibitions on specific capabilities and technologies; (2) a description of the policies, procedures, and legal guidance on the provision of intelligence support by the United States to the military of Ukraine, including support for targeting, battlefield intelligence, surveillance, and reconnaissance, and other support designed to help improve the operational effectiveness and lethality of the Ukrainian military, except for any activities conducted pursuant to section 503 of the National Security Act of 1947 (50 U.S.C. 3093); and (3) a list of the dates on which the applicable guidance went into effect and any guidance that was superseded. (c) Form.--The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex produced consistent with the protection of sources and methods. (d) Appropriate Committees of Congress.--In this section, the term ``appropriate committees of Congress'' means-- (1) the Committee on Foreign Relations, the Committee on Armed Services, and the Select Committee on Intelligence of the Senate; and (2) the Committee on Foreign Affairs, the Committee on Armed Services, and the Permanent Select Committee on Intelligence of the House of Representatives. TITLE II--COUNTERING KREMLIN MALIGN INFLUENCE AND AGGRESSION IN EUROPE SEC. 201. AUTHORIZATION OF APPROPRIATIONS FOR FOREIGN MILITARY FINANCING GRANT ASSISTANCE TO EUROPEAN ALLIES AND PARTNERS. (a) European Security Programs.--In addition to amounts otherwise authorized to be appropriated for the Department of State in Foreign Military Financing, there is authorized to be appropriated $5,000,000,000 for each of the fiscal years 2022 through 2024 for programs in Europe, to remain available until expended. (b) Purpose.--As a direct response to recent aggression against Ukraine by the Russian Federation, the purpose of these funds shall be to-- (1) deter the Russian Federation's current military escalation along the border of Ukraine, Poland, and Lithuania, and any future military build-up by the Russian Federation in Eastern Europe; (2) increase deterrence capabilities of Black Sea allied and partner nations; and (3) incentivize greater burden-sharing among NATO allies. (c) Eligibility.--Countries eligible for grant assistance under this program shall include-- (1) NATO allies, Ukraine, and Georgia; and (2) other European partners, if the President provides a written notification to the appropriate congressional committees within 30 days that such assistance is in the national security interest of the United States. (d) Restrictions on European Foreign Military Financing.--Amounts authorized to be appropriated under subsection (a) shall be available subject to-- (1) adherence to defense spending goals in line with those laid out in the 2014 Wales Summit Declaration; and (2) formal agreements between the United States and recipient nations to conduct joint long-range planning for capability development and the expenditure of those funds. (e) Emergency Designation.-- (1) In general.--The amounts provided under subsection (a) are designated as an emergency requirement pursuant to section 4(g) of the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 933(g)). (2) Designation in house and senate.--Subsection (a) is designated as an emergency requirement pursuant to subsections (a) and (b) of section 4001 of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022. SEC. 202. BOOST EUROPEAN DETERRENCE INITIATIVE (EDI), INCLUDING FUNDING FOR MILITARY EXERCISES. (a) Authorization of Appropriations.--There is authorized to be appropriated for the Department of Defense for fiscal year 2022 an additional $270,000,000 for the European Defense Initiative. (b) Use of Funds.--The amounts appropriated in subsection (a) shall be used for military training and exercises between United States Armed Forces and European partners to increase the overall readiness and interoperability of United States forces, NATO allies, and theater partners across all domains. (c) Emergency Designation.-- (1) In general.--The amounts provided under subsection (a) are designated as an emergency requirement pursuant to section 4(g) of the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 933(g)). (2) Designation in house and senate.--Subsection (a) is designated as an emergency requirement pursuant to subsections (a) and (b) of section 4001 of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022. SEC. 203. UKRAINE SECURITY ASSISTANCE INITIATIVE. (a) In General.--There is authorized to be appropriated $100,000,000 for fiscal year 2022 for the Ukraine Security Assistance Initiative for the purpose of providing lethal aid assistance. (b) Amounts in Addition to Other Available Amounts.--Amounts appropriated pursuant to subsection (a) are in addition to any other amounts appropriated or otherwise made available for such fiscal year for such purposes. SEC. 204. BOLSTERING UKRAINE'S CYBER DEFENSE AND RESILIENCY CAPABILITIES. (a) In General.--There is authorized to be appropriated to the Department of State $25,000,000 for each of fiscal years 2022 and 2023 for the purposes described in subsection (b). (b) Use of Funds.--Amounts appropriated pursuant to subsection (a) may only be used-- (1) to strengthen collaboration between the Government of Ukraine and the NATO Cooperative Cyber Defence Centre of Excellence, the European Union Agency for Cybersecurity, the National Cyber Security Centre of the United Kingdom, the European Centre of Excellence for countering Hybrid Threats, and other national cybersecurity centers in NATO countries to bolster Ukraine's cyber defense capabilities and to develop surge capabilities as necessary; (2) to assist the Government of Ukraine in identifying critical areas of vulnerability within its cyber defense; (3) to strengthen the ability of the Government of Ukraine to detect, investigate, disrupt, and deter cyberattacks and malign digital influence operations; (4) to strengthen the ability of the Government of Ukraine to develop cybersecurity incident response teams and to develop procedures for responding to and mitigating the damage of cyberattacks; (5) to support multilateral, intergovernmental, and nongovernmental efforts to improve Ukraine's cybersecurity capacity efforts; (6) to collaborate with the Government of Ukraine to better understand the nature of cyberattacks and malign digital influence operations that could be used to target the United States; (7) to work with the private sector to help facilitate the sharing of information and services pertaining to cybersecurity and cyber resilience in Ukraine; and (8) to expand the United States Transnational and High-Tech Crime Global Law Enforcement Network to provide additional training and capacity-building in Ukraine related to cybercrime and intellectual property crime, including by creating new International Computer Hacking and Intellectual Property Attorney Advisors or Intellectual Property Law Enforcement Coordinators. (c) Report Required.--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 report on efforts to implement the policy described in subsection (a). (d) Appropriate Committees of Congress Defined.--In this section, the term ``appropriate committees of Congress'' means-- (1) the Committee on Foreign Relations, the Committee on Armed Services, and the Select Committee on Intelligence of the Senate; and (2) the Committee on Foreign Affairs, the Committee on Armed Services, and the Permanent Select Committee on Intelligence of the House of Representatives. SEC. 205. EXPANDED BROADCASTING IN COUNTRIES OF THE FORMER SOVIET UNION TO COMBAT RUSSIAN DISINFORMATION AND INFORMATION OPERATIONS. (a) Authorization of Appropriations.--There is authorized to be appropriated $155,500,000 for Radio Free Europe/Radio Liberty for fiscal year 2022. (b) Authorization of New Bureaus.--Radio Free Europe/Radio Liberty may explore opening new bureaus to help expand its ability to reach audiences on the periphery of the Russian Federation. (c) Initiatives To Bolster Radio Free Europe/Radio Liberty Bureaus Around the Russian Federation.--To help expand its reach to Russian- speaking audiences and increase its reach to audiences through digital media, Radio Free Europe/Radio Liberty should-- (1) evaluate where Russian disinformation is most deeply pervasive in the Eurasia region; (2) develop strategies to better communicate with predominately Russian-speaking regions; (3) build on efforts to increase capacity and programming to counter disinformation in real time; (4) expand Russian language investigative journalism; (5) improve the technical capacity of the Ukraine bureau; and (6) continue efforts to increase digital news services. SEC. 206. REPORT ON ROLE OF INTELLIGENCE AND SECURITY SERVICES OF THE RUSSIAN FEDERATION IN EFFORTS TO UNDERMINE THE INDEPENDENCE AND INTEGRITY OF UKRAINE. (a) In General.--Not later than 90 days after the date of the enactment of this Act, the Director of National Intelligence, in coordination with the Secretary of State, shall submit to the Committee on Foreign Affairs of the House of Representatives, the Committee on Foreign Relations of the Senate, the Committee on Armed Services and Select Committee on Intelligence of the Senate, and the Committee on Armed Services and Permanent Select Committee on Intelligence of the House of Representatives a report on the role of the intelligence and security services of the Russian Federation in efforts to undermine and interfere with the independence of Ukraine. (b) Elements.--The report required under subsection (a) shall include-- (1) an assessment of the priorities and objectives of the intelligence and security services of the Russian Federation with respect to Ukraine; (2) a detailed description of the steps taken by any intelligence or security services of the Russian Federation to undermine the stability of Ukraine or the Government of Ukraine; (3) a complete list of the branches of the intelligence or security services of the Russian Federation that have engaged in any influence efforts or campaigns to undermine the stability of Ukraine or the Government of Ukraine; (4) an assessment of-- (A) the tactics and techniques used by any intelligence and security services of the Russian Federation with respect to Ukraine; (B) the success of those tactics and techniques; and (C) whether such tactics and techniques are designed or intended to undermine the stability of Ukraine or dismantle or overthrow the Government of Ukraine; and (5) any plans by the United States to provide additional support to the Government of Ukraine to prevent internal destabilization efforts, including through intelligence sharing and support for reforms and anti-corruption efforts. (c) Form.--The report shall be submitted in unclassified form, but may have a classified annex produced consistent with the protection of sources and methods. SEC. 207. DEEPENING SECURITY AND ECONOMIC TIES WITH BALTIC ALLIES. (a) Sense of Congress.--It is the sense of Congress that-- (1) supporting and bolstering the security of the Baltic States of Estonia, Latvia, and Lithuania is in the national security interests of the United States; (2) the Baltic States are critical allies in countering aggression by the Government of the Russian Federation and maintaining the collective security of the NATO alliance; (3) the United States should continue to support and foster a security partnership with the Baltic States that aims to meet their security needs and provides additional capabilities and tools to help defend against aggression by the Government of the Russian Federation in the region; (4) the United States should encourage the initiative undertaken by the Baltic States to advance the Three Seas Initiative to strengthen transport, energy, and digital infrastructures among eastern Europe countries; (5) the United States should follow through on its $300 million pledge to the Three Seas Investment Fund that has been approved to be the first tranche of the $1 billion U.S. investment promised in February 2020 for the Fund through the U.S. International Development Finance Corporation; (6) there are mutually beneficial opportunities for increased investment and economic expansion between the United States and the Baltic States; and (7) improved economic ties between the United States and the Baltic States will lead to a strengthened strategic partnership. (b) Baltic Security and Economic Enhancement Initiative.-- (1) In general.--The Secretary of State shall establish an initiative to deepen and foster security and economic ties with the Baltic States. (2) Purpose and objectives.--The initiative established under paragraph (1) shall have the following goals and objectives: (A) Ensuring the efficient and effective delivery of security assistance to the Baltic States, prioritizing assistance that will strengthen defenses against conventional and hybrid warfare and improve interoperability with NATO forces and strengthen regional defense capabilities. (B) Bolstering United States support for the Baltic region's physical and energy security needs. (C) Mitigating the impact of economic coercion by the Russian Federation and the People's Republic of China on the Baltic States and identifying new opportunities for foreign direct investment and United States business ties. (D) Improving high-level engagement between the United States and the Baltic States, with a focus on improving high-level security and economic cooperation. (3) Activities.--The initiative established under paragraph (1) shall-- (A) develop a comprehensive security assistance strategy to strengthen the defensive capabilities of the Baltic States, in coordination with other security assistance authorities, that takes into account the unique challenges of the proximity of the Baltic States to the Russian Federation and the threat of aggression against the Baltic States from the Government of the Russian Federation; (B) send high-level representatives of the Department of State to-- (i) the Baltic States not less frequently than twice a year; and (ii) major regional fora on physical and energy security, including the Three Seas Initiative Summit and Business Forum and the Baltic Sea Security Conference; (C) convene an annual trade forum, in coordination with the governments of the Baltic States, to foster investment opportunities in the Baltic region for United States businesses; and (D) foster dialogue between experts from the United States and from the Baltic States on hybrid warfare, cyber defenses, economic expansion, and foreign direct investment. SEC. 208. PUBLIC DISCLOSURE OF ASSETS OF VLADIMIR PUTIN AND HIS INNER CIRCLE. (a) In General.--Not later than 90 days after the date of the enactment of this Act and annually thereafter, the Secretary of the Treasury, in coordination with the Director of National Intelligence and the Secretary of State, shall submit to the committees specified in subsection (d) a detailed report on the personal net worth and assets of the President of the Russian Federation, Vladimir Putin, and his inner circle. (b) Elements.--The report required by subsection (a) shall include-- (1) an identification of significant senior foreign political figures and oligarchs in the Russian Federation, as determined by their closeness to Vladimir Putin; (2) the estimated net worth and known sources of income of the individuals identified under paragraph (1), Vladimir Putin, and the family members of such individuals and Vladimir Putin (including current and former spouses, partners, birth parents of a biological child, parents, adult children, and siblings), including assets, investments, bank accounts, business interests, held in and outside of the Russian Federation, and relevant beneficial ownership information; (3) an estimate of the total annual income and personal expenditures of Vladimir Putin and his family members for calendar years 2017 through 2021; and (4) all known details about the financial practices and transparency, or lack thereof, of Vladimir Putin and the individuals identified under paragraph (1). (c) Form.-- (1) In general.--The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex produced consistent with the protection of sources and methods. (2) Public availability.--The unclassified portion of the report required by subsection (a) shall be made available on a publicly accessible internet website. (d) Committees Specified.--The committees specified in this subsection are-- (1) the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate; (2) the Select Committee on Intelligence and the Committee on Banking, Housing, and Urban Affairs of the Senate; and (3) the Permanent Select Committee on Intelligence and the Committee on Financial Services of the House of Representatives. SEC. 209. REPORT ON DIPLOMATIC AND MILITARY IMPACT OF RUSSIAN MILITARY AGGRESSION IN UKRAINE ON EUROPEAN SECURITY. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in coordination with the Secretary of Defense, shall submit to the Committee on Foreign Affairs of the House of Representatives, the Committee on Foreign Relations of the Senate, the Select Committee on Intelligence of the Senate, the Permanent Select Committee on Intelligence of the House of Representatives, the Committee on Armed Services of the Senate, and the Committee on Armed Services of the House of Representatives a report on the diplomatic and military implications of Russia's military aggression in Ukraine on the security environment of Europe. (b) Contents.--The report required by subsection (a) shall include-- (1) an assessment of the direct impact of aggression and malign influence of the Russian Federation in and against Ukraine and throughout Europe on United States interests in Europe, including-- (A) relationships with United States allies and partners; (B) the credibility of the United States and NATO; and (C) the durability of the security order in the region; (2) a description of United States diplomatic efforts to counter the malign influence and aggression of the Russian Federation against Ukraine, including-- (A) an assessment of the United States diplomatic and consular presence of the United States in Central and Eastern Europe and a comparison of staffing and resource levels in the region from 2012 to 2022; (B) a description of ongoing and planned efforts to counter malign influence in Europe by the Russian Federation, including corruption, election interference, and disinformation; (C) an assessment of any gaps or shortfalls in diplomatic or programmatic activities of the United States Government to address the impact of Russian aggression and malign influence in Ukraine and throughout Europe; and (D) a description of United States diplomatic efforts-- (i) to reinforce political support for NATO; (ii) to increase Allied participation and contributions to NATO; and (iii) to reinforce the role of NATO in addressing security challenges in the region; (3) an assessment of how the Russian Federation's military aggression in Ukraine and increased presence and activity in Belarus, the Baltic Sea region, and the Black Sea region has impacted United States posture and planning considerations in Europe; and (4) a description of military efforts by the United States to deter Russian aggression and increase the readiness, interoperability, and lethality of NATO allies, including-- (A) a description of the military presence of the United States in the United States European Command (EUCOM); (B) an assessment of whether such presence is sufficient to execute operational plans and deterrence activities of the United States and NATO; (C) a list of prioritized capability requirements necessary for EUCOM to enhance deterrence and operational effectiveness in Europe; (D) a description of Allied contributions to NATO operations; and (E) an assessment of key gaps in capability, challenges to readiness, and obstacles to interoperability among NATO militaries. (c) Form.--The report shall be submitted in unclassified form, but may include a classified annex produced consistent with the protection of sources and methods. SEC. 210. ENERGY SECURITY COOPERATION WITH ALLIED PARTNERS IN EUROPE. (a) Short Title.--This section may be cited as the ``Energy Security Cooperation with Allied Partners in Europe Act''. (b) In General.--Section 3(c) of the Natural Gas Act (15 U.S.C. 717b(c)) is amended-- (1) by striking ``(c) For purposes'' and inserting the following: ``(c) Expedited Approval Process.-- ``(1) Definition of covered nation.-- ``(A) In general.--In this subsection, the term `covered nation' means-- ``(i) a nation with which there is in effect a free trade agreement requiring national treatment for trade in natural gas; ``(ii) a member country of the North Atlantic Treaty Organization; ``(iii) during the period described in subparagraph (B), Japan; and ``(iv) any other foreign country, if the Secretary of State, in consultation with the Secretary of Defense, determines that exportation of natural gas to that foreign country would promote the national security interests of the United States. ``(B) Period described.--The period referred to in subparagraph (A)(iii) is the period during which the Treaty of Mutual Cooperation and Security, signed at Washington January 19, 1960, and entered into force June 23, 1960 (11 UST 1632; TIAS 4509), between the United States and Japan, remains in effect. ``(2) Expedited approval.--For purposes''; (2) in paragraph (2) (as so designated), by striking ``nation with which there is in effect a free trade agreement requiring national treatment for trade in natural gas'' and inserting ``covered nation''; and (3) by adding at the end the following: ``(3) Effect.--Nothing in this subsection-- ``(A) authorizes the use of eminent domain to seize land or land rights; or ``(B) waives any requirement under-- ``(i) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); ``(ii) the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); ``(iii) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); or ``(iv) the Clean Air Act (42 U.S.C. 7401 et seq.).''. (c) Effective Date.--The amendments made by this section shall apply with respect to applications for the authorization to export natural gas under section 3 of the Natural Gas Act (15 U.S.C. 717b) that are pending on, or filed on or after, the date of enactment of this Act. SEC. 211. STRATEGY FOR COOPERATION ON INTERMEDIATE-RANGE MISSILE LAUNCHERS AND SYSTEMS TO NATO ALLIES. (a) Findings.--Congress finds the following: (1) All NATO allies agree that the SSC-8/9M729 missile system developed and deployed by the Government of Russia violated the Intermediate-Range Nuclear Forces Treaty (in this section referred to as the ``INF Treaty''), while posing a significant risk to NATO security. (2) Despite NATO allies' repeated calls on the Government of Russia to return to full and verifiable compliance with the INF Treaty, Russia continued to develop and deploy INF Treaty- violating systems, which led to the INF Treaty's demise on August 2, 2019. (3) As of the INF Treaty's demise, Russia had produced and deployed multiple battalions of INF Treaty-violating missiles, capable of reaching key European capitals and targets. (b) Sense of Congress.--A mutual deployment moratorium in the European theater with the Russian Federation is not in the interest of the United States. Even if a European-Theater intermediate-range ground-launched missile deployment moratorium were verifiable, any such moratorium would significantly advantage Russia and disadvantage NATO. This is due to the Russian Federation's continual threats of aggression against sovereign European nations, the relative ease by which Russia could deploy such systems to the theater, and the logistical impediments with which the United States and NATO would have to contend should it be determined a commensurate response was warranted. (c) Strategy.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense and the Secretary of State shall jointly develop and submit to the appropriate committees of Congress a strategy to cooperate with willing NATO member countries in the joint research, development, training and possible transfer of conventional intermediate-range ground-launched missiles, associated launchers and support equipment, and associated technology. (d) Appropriate Committees of Congress Defined.--In this section, the term ``appropriate committees of Congress'' means-- (1) the Committee on Foreign Relations and the Committee on Armed Services of the Senate; and (2) the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives. SEC. 212. PROHIBITION ON RUSSIAN ACCESS TO MISSILE DEFENSE SITES. (a) Restriction.--The Secretary of Defense shall not allow access to a foreign national of Russia to a covered site. (b) Construction With Other Requirements.--Nothing in this section shall be construed to supersede or otherwise affect section 130h of title 10, United States Code. (c) Covered Site.--In this section, the term ``covered site'' means any of the following: (1) The combat information center of a naval ship equipped with the Aegis ballistic missile defense system. (2) An Aegis Ashore site. (3) A terminal high altitude area defense battery. (4) A ground-based midcourse defense interceptor silo. TITLE III--MEASURES TO DETER CURRENT AND ESCALATED AGGRESSION AGAINST UKRAINE BY THE RUSSIAN FEDERATION SEC. 301. DEFINITIONS. In this title: (1) Account; correspondent account; payable-through account.--The terms ``account'', ``correspondent account'', and ``payable-through account'' have the meanings given those terms in section 5318A of title 31, United States Code. (2) 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). (3) Appropriate committees of congress.--The term ``appropriate committees of Congress'' means-- (A) the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate; and (B) the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives. (4) Financial institution.--The term ``financial institution'' means a financial institution specified in subparagraph (A), (B), (C), (D), (E), (F), (G), (H), (I), (J), (M), or (Y) of section 5312(a)(2) of title 31, United States Code. (5) Foreign financial institution.--The term ``foreign financial institution'' has the meaning given that term in regulations prescribed by the Secretary of the Treasury. (6) Foreign person.--The term ``foreign person'' means an individual or entity that is not a United States person. (7) Knowingly.--The term ``knowingly'' with respect to conduct, a circumstance, or a result, means that a person had actual knowledge, or should have known, of the conduct, the circumstance, or the result. (8) United states person.--The term ``United States person'' means-- (A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or (B) an entity organized under the laws of the United States or any jurisdiction within the United States, including a foreign branch of such an entity. Subtitle A--Sanctions To Deter Aggression Against Ukraine by the Russian Federation SEC. 311. IMPOSITION OF SANCTIONS WITH RESPECT TO SENIOR RUSSIAN DEFENSE OFFICIALS RELATED TO THE BUILD-UP OF RUSSIAN ARMED FORCES ALONG UKRAINE'S BORDER. Not later than 15 days after the date of the enactment of this Act, the President shall impose the sanctions described in section 351 with respect to not fewer than 15 senior officials of any branch of the Armed Forces of the Russian Federation who have ordered, controlled, directed, or were otherwise responsible for the planning or execution of actions related to-- (1) military operations in the Donbas region of Ukraine or the illegally occupied territory of Crimea; (2) the build-up of the Armed Forces of the Russian Federation along Ukraine's border on or after October 1, 2021; or (3) other military operations that have violated the sovereignty or territorial integrity of Ukraine. SEC. 312. IMPOSITION OF SANCTIONS WITH RESPECT TO NORD STREAM 2. (a) In General.--Not later than 15 days after the date of the enactment of this Act, and every 30 days thereafter, if the President is not able to make the certification described in subsection (b), the President shall impose the sanctions described in section 351 with respect to a foreign person that is-- (1) any entity established for or responsible for the planning, construction, or operation of the Nord Stream 2 pipeline or a successor entity, including Nord Stream 2 AG; or (2) any corporate officer of an entity described in paragraph (1). (b) Certification Described.--The certification described in this subsection is a certification to the appropriate committees of Congress of each of the following: (1) The Government of Germany has provided written, public assurances that it will prevent the Nord Stream 2 pipeline from being certified or otherwise from becoming operational. (2) The Government of Germany, including any regulatory body of that Government, is taking the necessary steps to fulfill the assurances described in paragraph (1). (3) The publicly available database of the European Network of Transmission System Operators for Gas has not registered the transit of gas through the Nord Stream 2 pipeline. (c) Waiver.-- (1) Waiver by joint resolution.--Sanctions under subsection (a) may be waived only if there is enacted into law a joint resolution approving such a waiver. (2) No national security waiver.--No waiver under section 353 or any other provision of law (other than a joint resolution described in paragraph (1)) applies with respect to sanctions under subsection (a). (d) Termination.--On the date on which the President has, after making an affirmative determination under section 321, imposed sanctions under section 322, this section shall no longer have any force or effect. SEC. 313. IMPOSITION OF SANCTIONS WITH RESPECT TO FOREIGN PERSONS CONTRIBUTING TO THE DESTABILIZATION OF UKRAINE OR MALICIOUS CYBER ACTIVITIES AGAINST UKRAINE. Not later than 15 days after the date of the enactment of this Act, the President shall impose the sanctions described in section 351 with respect to not fewer than 15 foreign persons that the President determines have, on or after October 1, 2021, engaged in activities, under the authority or at the direction of the Government of the Russian Federation, including through its proxies-- (1) to destabilize Ukraine; or (2) that disrupt, attack, illegally infiltrate, or degrade the operations of-- (A) any official website or network of the Government of Ukraine; (B) any public utility that operates in Ukraine; or (C) any critical infrastructure in Ukraine. SEC. 314. IMPOSITION OF SANCTIONS WITH RESPECT TO FACILITATING TRANSACTIONS FOR THE RUSSIAN ARMED FORCES. (a) In General.--Not later than 15 days after the date of the enactment of this Act, the President shall determine whether, on or after January 1, 2021, Promsvyazbank and any of the financial institutions specified in section 323 have knowingly conducted or facilitated any transactions for any branch of the Armed Forces of the Russian Federation that has been engaged in actions directly related to-- (1) military operations in the Donbas region of Ukraine or the illegally occupied territory of Crimea; (2) the build-up of the Armed Forces of the Russian Federation along Ukraine's border on or after December 1, 2021; or (3) other military operations that have violated the sovereignty or territorial integrity of Ukraine. (b) Imposition of Sanctions.-- (1) Promsvyazbank.--If the President determines under subsection (a) that Promsvyazbank has conducted or facilitated any transactions described in that subsection, the President shall impose the sanctions described in section 351(1) with respect to Promsvyazbank. (2) Other russian financial institutions.--If the President determines under subsection (a) that one or more of the financial institutions specified in section 323 have conducted or facilitated transactions described in subsection (a), the President shall impose the sanctions described in section 351(1) with respect to one of those financial institutions. (c) Discretionary Sanctions With Respect to Subsidiaries and Successor Entities.--The President may impose the sanctions described in section 351(1) with respect to any entity owned or controlled by, or that is a successor to, a financial institution with respect to which sanctions are imposed under paragraph (1) or (2) of subsection (b). SEC. 315. IMPOSITION OF SANCTIONS WITH RESPECT TO ENTITIES ON THE CAATSA SECTION 231(E) LIST. Not later than 30 days after the date of the enactment of this Act, the President shall impose the sanctions described in section 351 with respect to not fewer than 5 entities-- (1) on the list of persons determined under section 231(e) of the Countering America's Adversaries Through Sanctions Act (22 U.S.C. 9525(e)) to be part of, or to operate for or on behalf of, the defense or intelligence sectors of the Government of the Russian Federation; and (2) not designated before such date of enactment for inclusion in the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury. Subtitle B--Sanctions and Other Measures in Response to Escalation of Aggression Against Ukraine by the Russian Federation SEC. 321. DETERMINATION WITH RESPECT TO OPERATIONS OF THE RUSSIAN FEDERATION IN UKRAINE. (a) In General.--The President shall determine, at such times as are required under subsection (b), whether-- (1) the Government of the Russian Federation, including through any of its proxies, is engaged in or knowingly supporting an escalation of aggression, including through offensive cyber operations, in or against Ukraine, including compared to the level of aggression in or against Ukraine before January 1, 2022; and (2) if so, whether such escalation has the aim or effect of undermining, overthrowing, or dismantling the Government of Ukraine, occupying the territory of Ukraine, or interfering with the sovereignty or territorial integrity of Ukraine. (b) Timing of Determinations.--The President shall make the determination described in subsection (a)-- (1) not later than 15 days after the date of the enactment of this Act; (2) after the first determination under paragraph (1), not less frequently than every 30 days (or more frequently as warranted) during the 1-year period beginning on such date of enactment; and (3) after the end of that 1-year period, not less frequently than every 90 days. (c) Report Required.--Upon making a determination under subsection (a), the President shall submit a report on the determination to-- (1) the committees specified in subsection (e); (2) the majority leader and the minority leader of the Senate; and (3) the Speaker and the minority leader of the House of Representatives. (d) Congressional Requests.-- (1) In general.--Not later than 10 days after receiving a request from the chairman or ranking member of one of the committees specified in subsection (e) with respect to whether the Russian Federation, including through any of its proxies, has engaged in an act described in subsection (a), the President shall-- (A) determine if the Russian Federation has engaged in such an act; and (B) submit a report on that determination, with a detailed explanation, to the committees specified in subsection (e). (2) Failure of presidential determination.--The failure of the President to submit a report required by subparagraph (B) of paragraph (1) by the date required by that paragraph shall have the same effect as if the President had made an affirmative determination under subsection (a). (e) Committees Specified.--The committees specified in this subsection are-- (1) the Committee on Foreign Relations, the Committee on Armed Services, and the Select Committee on Intelligence of the Senate; and (2) the Committee on Foreign Affairs, the Committee on Armed Services, and the Permanent Select Committee on Intelligence of the House of Representatives. (f) Form.--Presidential determinations submitted pursuant to this section shall be unclassified, but may include a classified annex produced consistent with the protection of sources and methods. SEC. 322. IMPOSITION OF SANCTIONS WITH RESPECT TO NORD STREAM 2. (a) In General.--Upon making an affirmative determination under section 321 and not later than 10 days following such a determination, the President shall impose the sanctions described in section 351 with respect to a foreign person that is-- (1) any entity established for or responsible for the planning, construction, or operation of the Nord Stream 2 pipeline or a successor entity, including Nord Stream 2 AG; and (2) any corporate officer of an entity described in paragraph (1). (b) No Waiver.--No waiver under section 353 or any other provision of law applies with respect to sanctions under subsection (a). (c) Repeal of Waiver Under Protecting Europe's Energy Security Act.--Section 7503 of the Protecting Europe's Energy Security Act of 2019 (title LXXV of Public Law 116-92; 22 U.S.C. 9526 note) is amended by striking subsection (f). SEC. 323. IMPOSITION OF SANCTIONS WITH RESPECT TO RUSSIAN FINANCIAL INSTITUTIONS. (a) Imposition of Sanctions.-- (1) In general.-- (A) Specified russian financial institutions.--Upon making an affirmative determination under section 321 and not later than 30 days following such a determination, the President shall impose the sanctions described in section 351(1) with respect to each of the following financial institutions: (i) VTB. (ii) VEB.RF. (iii) The Russian Direct Investment Fund. (iv) Alfa Bank. (B) Additional specified russian financial institutions.-- (i) In general.--Upon making an affirmative determination under section 321 and not later than 30 days following such a determination, the President shall, subject to clause (ii), impose the sanctions described in paragraph (1) or (2) of section 351 with respect to each of the following financial institutions: (I) Sberbank. (II) Gazprombank. (III) Credit Bank of Moscow. (IV) Rosselkhozbank. (V) FC Bank Otkritie. (VI) Promsvyazbank. (VII) Sovcombank. (VIII) Transkapitalbank. (IX) Any other comparable Russian financial institution as determined by the President. (ii) Type of sanctions.--The President shall impose the sanctions described in section 351(1) with respect to not fewer than 4 of the financial institutions specified in clause (i). (2) Subsidiaries and successor entities.-- (A) In general.--The President shall impose, with respect to any financial institution described in subparagraph (B), the sanctions described in section 351 that the President determines are equivalent to the sanctions imposed with respect to financial institutions specified in paragraph (1). (B) Financial institutions described.--A financial institution described in this subparagraph is a financial institution-- (i) owned or controlled by, or that is a successor to, a financial institution specified in paragraph (1); or (ii) used or established for the purpose of evading sanctions under this section. (b) Additional Russian Financial Institutions.-- (1) List required.--Not later than 30 days after making an affirmative determination under section 321, and every 90 days thereafter, the President shall submit to the appropriate committees of Congress a list of foreign persons that the President determines-- (A) are financial institutions-- (i) owned or operated by the Government of the Russian Federation; or (ii) that are owned or controlled by, or are successors to, a financial institution described in clause (i); and (B) with respect to which sanctions should be imposed in the interest of national security of the United States. (2) Imposition of sanctions.--Upon the submission of each list required by paragraph (1), the President shall impose the sanctions described in paragraph (1) or (2) of section 351 with respect to each foreign person identified on the list. (c) Mandatory Imposition of Sanctions With Respect to Transactions With Sanctioned Russian Federation Financial Institutions.-- (1) In general.--The President shall impose one or both of the sanctions described in paragraphs (1) and (2) of section 351 with respect to a foreign financial institution that, on or after the date that is 30 days after sanctions are imposed under subsection (a) or (b), knowingly engages in a significant financial transaction with any financial institution subject to sanctions imposed under subsection (a) or (b). (2) Wind down period for the imposition of secondary sanctions.--The President may delay the imposition of sanctions under paragraph (1) with respect to a financial institution for not more than 30 days if the President determines it is necessary to enable non-Russian persons acting in good faith to wind down business subject to sanctions under this section. (d) Congressional Disapproval of Waivers.-- (1) Joint resolution of disapproval defined.--In this subsection, the term ``joint resolution of disapproval'' means a joint resolution the sole matter after the resolving clause of which is the following: ``Congress disapproves of the waiver under section 353(b) of the Never Yielding Europe's Territory (NYET) Act of 2022 with respect to sanctions imposed under section 323 of that Act relating to ___.'', with the blank space being filled with a short description of the matter to which the waiver relates. (2) Termination of waiver.--The issuance of a waiver under section 353(b) with respect to sanctions imposed under this section shall have no force or effect after the date of the enactment of a joint resolution of disapproval. (3) Introduction.--A joint resolution of disapproval may be introduced at any time after the issuance of a waiver described in paragraph (2)-- (A) in the House of Representatives, by the majority leader or the minority leader; and (B) in the Senate, by the majority leader (or the majority leader's designee) or the minority leader (or the minority leader's designee). (4) Expedited procedures.--The procedures set forth in paragraphs (4), (5), and (6) of section 216(c) of the Countering America's Adversaries Through Sanctions Act (22 U.S.C. 9511(c)) shall apply with respect to a joint resolution of disapproval under this subsection to the same extent and in the same manner as such procedures apply with respect to a joint resolution under that section, except that a joint resolution of disapproval under this subsection shall, in the Senate, be referred to the Committee on Foreign Relations. (5) Rules of house of representatives and senate.--This subsection is enacted by Congress-- (A) as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and as such is deemed a part of the rules of each House, respectively, and supersedes other rules only to the extent that it is inconsistent with such rules; and (B) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House. SEC. 324. IMPOSITION OF SANCTIONS WITH RESPECT TO RUSSIAN OLIGARCHS AND MEMBERS OF PUTIN'S INNER CIRCLE. Upon making an affirmative determination under section 321 and not later than 60 days following such a determination, the President shall impose the sanctions described in section 351 with respect to not fewer than 15 foreign persons-- (1) that the President determines-- (A) are listed in the classified annex submitted to Congress with the report required by section 241 of the Countering America's Adversaries Through Sanctions Act (Public Law 115-44; 131 Stat. 922); or (B) would be included in that annex, if that report were submitted on the date of the determination; and (2) with respect to which the President determines sanctions should be imposed in the interest of the national security of the United States. SEC. 325. IMPOSITION OF SANCTIONS WITH RESPECT TO OFFICIALS OF THE GOVERNMENT OF THE RUSSIAN FEDERATION RELATING TO OPERATIONS IN UKRAINE. (a) In General.--Upon making an affirmative determination under section 321 and not later than 60 days following such a determination, the President shall impose the sanctions described in section 351 with respect to each of the officials specified in subsection (b). (b) Officials Specified.--The officials specified in this subsection are the following: (1) The President of the Russian Federation. (2) The Prime Minister of the Russian Federation. (3) The Foreign Minister of the Russian Federation. (4) The Minister of Defense of the Russian Federation. (5) The Chief of the General Staff of the Armed Forces of the Russian Federation. (6) The Commander-in-Chief of the Land Forces of the Russian Federation. (7) The Commander-in-Chief of the Aerospace Forces of the Russian Federation. (8) The Commander of the Airborne Forces of the Russian Federation. (9) The Commander-in-Chief of the Navy of the Russian Federation. (10) The Commander of the Strategic Rocket Forces of the Russian Federation. (11) The Commander of the Special Operations Forces of the Russian Federation. (12) The Commander of Logistical Support of the Armed Forces of the Russian Federation. (c) Additional Officials.-- (1) List required.--Not later than 30 days after making an affirmative determination under section 321 and every 90 days thereafter, the President shall submit to the appropriate committees of Congress a list of foreign persons that the President determines-- (A) are-- (i) senior officials of any branch of the Armed Forces of the Russian Federation leading any of the operations described in section 321; or (ii) senior officials of the Government of the Russian Federation, including any intelligence agencies or security services of the Russian Federation, with significant roles in planning or implementing such operations; and (B) with respect to which sanctions should be imposed in the interest of the national security of the United States. (2) Imposition of sanctions.--Upon the submission of each list required by paragraph (1), the President shall impose the sanctions described in section 351 with respect to each foreign person on the list. SEC. 326. PROHIBITION ON AND IMPOSITION OF SANCTIONS WITH RESPECT TO TRANSACTIONS INVOLVING RUSSIAN SOVEREIGN DEBT. (a) Prohibition on Transactions.--Upon making an affirmative determination under section 321 and not later than 30 days following such a determination, the President shall prohibit all transactions by United States persons involving the sovereign debt of the Government of the Russian Federation issued on or after the date of the enactment of this Act, including governmental bonds. (b) Imposition of Sanctions With Respect to State-Owned Enterprises.-- (1) In general.--Not later than 60 days after making an affirmative determination under section 321, the President shall identify and impose the sanctions described in section 351 with respect to foreign persons that the President determines engage in transactions involving the debt-- (A) of not fewer than 10 entities owned or controlled by the Government of the Russian Federation; and (B) that is not subject to any other sanctions imposed by the United States. (2) Applicability.--Sanctions imposed under paragraph (1) shall apply with respect to debt of an entity described in subparagraph (A) of that paragraph that is issued after the date that is 90 days after the President makes an affirmative determination under section 321. (c) List; Imposition of Sanctions.--Not later than 30 days after making an affirmative determination under section 321, and every 90 days thereafter, the President shall-- (1) submit to the appropriate committees of Congress a list of foreign persons that the President determines are engaged in transactions described in subsection (a); and (2) impose the sanctions described in section 351 with respect to each such person. SEC. 327. IMPOSITION OF SANCTIONS WITH RESPECT TO RUSSIAN EXTRACTIVE INDUSTRIES. (a) Identification.--Not later than 60 days after making an affirmative determination under section 321, the President shall identify foreign persons in any of the sectors or industries of the Russian Federation described in subsection (b) with respect to which the President determines sanctions should be imposed in the interest of the national security of the United States. (b) Sectors and Industries Described.--The sectors and industries of the Russian Federation described in this subsection are the following: (1) Oil and gas extraction and production. (2) Metals extraction, mining, and production. (3) Minerals extraction and processing. (4) Any other sector or industry with respect to which the President determines the imposition of sanctions is in the United States national security interest. (c) List; Imposition of Sanctions.--Not later than 15 days after identifying foreign persons under subsection (a), the President shall submit to the appropriate committees a list of all identified foreign persons that includes descriptions of the sanctions imposed on each foreign person. (d) Report.--Not later than 30 days after the date of the enactment of this Act, the President shall submit to the appropriate committees of Congress a report describing efforts by the United States to-- (1) mitigate the impact of Russian restrictions on natural gas, coal, and oil exports to Europe; (2) ensure sufficient energy supplies to Europe in the event of the imposition of the sanctions under subsection (a); and (3) implement the requirements under section 209 to address energy supply shortfalls caused by the imposition of sanctions under subsection (a) or the termination of energy supplies by the Russian Federation. SEC. 328. IMPOSITION OF SANCTIONS WITH RESPECT TO BELARUS RELATED TO THE BUILD-UP OF RUSSIAN ARMED FORCES ALONG UKRAINE'S BORDER. Upon making an affirmative determination under section 321 and not later than 30 days following such a determination, if the territory of the Republic of Belarus was used as a point of origin for Russian aggression covered by the determination, the President shall impose the sanctions described in section 351 with respect to-- (1) not fewer than 15 senior officials of the Armed Forces of the Republic of Belarus; (2) not fewer than 15 senior officials who are members of the current leadership of the Republic of Belarus; and (3) not fewer than 2 of the following financial institutions: (A) Belarusbank. (B) BPS-Sberbank. (C) Belinvestbank. (D) The Development Bank of Belarus. (E) Alfa Bank Belarus. (F) BSB Bank. SEC. 329. PROHIBITION ON INVESTMENT IN OCCUPIED UKRAINIAN TERRITORY. The sale, trade, transfer, and investment of goods or services by a United States person in regions of Ukraine occupied by a third country are prohibited until the Secretary of State certifies that each such region is under the jurisdiction of the Government of Ukraine. SEC. 330. APPLICATION OF CONGRESSIONAL REVIEW UNDER COUNTERING AMERICA'S ADVERSARIES THROUGH SANCTIONS ACT. Section 216(a)(2) of the Countering America's Adversaries Through Sanctions Act (22 U.S.C. 9511(a)(2)) is amended-- (1) in subparagraph (A)-- (A) in clause (i), by inserting ``(other than sanctions described in clause (i)(IV) of that subparagraph)'' after ``subparagraph (B)''; and (B) in clause (ii), by inserting ``or otherwise remove'' after ``waive''; and (2) in subparagraph (B)(i)-- (A) in subclause (II), by striking ``; or'' and inserting a semicolon; (B) in subclause (III), by striking ``; and'' and inserting ``; or''; and (C) by adding at the end the following: ``(IV) Executive Order No. 14024 (86 Fed. Reg. 20249; relating to Blocking Property With Respect To Specified Harmful Foreign Activities of the Government of the Russian Federation).''. SEC. 331. CONSIDERATION OF INFORMATION PROVIDED BY CONGRESS IN IMPOSING SANCTIONS. Not later than 90 days after receiving a written request from the chairperson and ranking member of the Committee on Foreign Affairs of the House of Representatives or the Committee on Foreign Relations of the Senate with respect to whether a foreign person or entity has engaged in an activity described in section 1 of Executive Order No. 14024 (86 Fed. Reg. 20249; relating to Blocking Property With Respect To Specified Harmful Foreign Activities of the Government of the Russian Federation), the President shall-- (1) determine if that person has engaged in such an activity; and (2) submit a report to the chairperson and ranking member of that committee with respect to that determination that includes-- (A) a statement of whether or not the President imposed or intends to impose sanctions with respect to the person; and (B) if the President imposed or intends to impose sanctions, a description of those sanctions. SEC. 332. DENIAL ORDER FOR EXPORT OF SEMICONDUCTORS TO THE RUSSIAN FEDERATION. (a) In General.--Upon making an affirmative determination under section 321 and not later than 60 days following such a determination, the Secretary of Commerce shall issue and fully enforce a denial order under part 764 of the Export Administration Regulations prohibiting the export, reexport, or in-country transfer to the Russian Federation or a Russian entity of any semiconductors-- (1) manufactured in the United States; (2) designed with United States software or technology; or (3) produced or designed using equipment, software, or technology that incorporates or relies on United States software or technology. (b) Foreign Direct Product Rule.--It is prohibited to reexport, export from abroad, or transfer (in country) any foreign-produced semiconductor in clause (i) or (ii) when there is knowledge that-- (1) the foreign-produced semiconductor will be incorporated into, or will be used in the production or development or any part, component, or equipment produced, purchased, or ordered by a Russian entity or used in the Russian Federation; or (2) any Russian entity or entity in the Russia Federation is a party to any transaction involving the foreign-produced semiconductor, including a purchaser, intermediate consignee, ultimate consignee, or end-user-- (A) the foreign-produced semiconductor is a direct product of technology or software subject to the EAR; and (B) the foreign-produced semiconductor is produced by any plant or major component of a plant that is located outside the United States, when the plant or major component of a plant, whether made in the United States, or a foreign country, itself is a direct product of U.S. origin technology or software subject to the EAR. (c) Definitions.--In this section: (1) Export; export administration regulations; etc.--The terms ``export'', ``Export Administration Regulations'', ``in- country transfer'', ``reexport'', and ``technology'' have the meanings given those terms in section 1742 of the Export Control Reform Act of 2018 (50 U.S.C. 4801). (2) National.--The term ``national'' has the meaning given that term in section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)). (3) Russian entity.--The term ``Russian entity'' means any entity that is owned, controlled, influenced, or under the jurisdiction of the Russian Federation. SEC. 333. IMPOSITION OF SANCTIONS WITH RESPECT TO PERSONS THAT VIOLATE UNITED STATES LAW FOR THE BENEFIT OF THE RUSSIAN FEDERATION. (a) Imposition of Sanctions.-- (1) In general.--On or after the date of the enactment of this Act, the President shall impose the sanctions described in subsection (b) with respect to a person if the President determines that the person knowingly engages in an activity described in paragraph (2). (2) Activities described.--A person engages in an activity described in this paragraph if the person-- (A) complies with, seeks to use, benefits from, or provides information to assist in, or otherwise facilitates the implementation of activities that evade or violate United States export controls on the Russian Federation and Russian entities; (B) facilitates a significant transaction or transactions for or on behalf of a person described, or a person that has engaged in the activity described, as the case may be, in subparagraph (A); (C) to be owned or controlled by, or to have acted for or on behalf of, directly or indirectly, a person described, or a person that has engaged in the activity described, as the case may be, in subparagraph (A); or (D) to have knowingly and materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or in support of, a person described, or a person that has engaged in the activity described, as the case may be, in any of subparagraphs (A) through (C). (b) Sanctions Described.--The sanctions to be imposed with respect to a person described in subsection (a) are the following: (1) Asset blocking.--The President shall exercise all of the powers granted to the President under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent necessary to block and prohibit all transactions in property and interests in property of a person described in subsection (a) if such property or interests in property are in the United States, come within the United States, or come within the possession or control of a United States person. (2) Ineligibility for visas and admission to the united states.-- (A) In general.--A person referred to in 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.--The issuing consular officer or the Secretary of State (or a designee of the Secretary of State) shall, in accordance with section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)), revoke any visa or other entry documentation issued to an individual referred to in subsection (a) regardless of when the visa or other entry documentation is issued. (ii) Effect of revocation.--A revocation under this subparagraph shall-- (I) take effect immediately; and (II) automatically cancel any other valid visa or entry documentation that is in the individual's possession. (iii) Regulations required.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall prescribe such regulations as are necessary to carry out this subsection. (C) Exception to comply with international obligations.--Sanctions under this subsection shall not apply with respect to an individual if admitting or paroling such individual 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) Waiver.-- (1) In general.--The President may waive the application of sanctions under this section on a case-by-case basis with respect to a person, for renewable periods of not more than 90 days each if the President determines and reports to Congress that such a waiver is vital to the national security or foreign policy interests of the United States. (2) Reporting process.--The Secretary of State, in coordination with the Secretary of the Treasury, shall establish a process by which persons may confidentially supply such information as the President may require to evaluate the merits of applications for waivers authorized by paragraph (1). (3) Sunset.--The authority to issue a waiver under paragraph (1) shall terminate on the date that is 2 years after the date of enactment of this Act. (d) Congressional Requests.--Not later than 10 days after receiving a request from the chairman or ranking member of the appropriate congressional committees that meets the requirements of paragraph (2) with respect to whether a person meets the criteria of a person described in subsection (a) the President shall-- (1) determine if the person meets such criteria; and (2) submit a classified or unclassified report to the chairman or ranking member of the appropriate congressional committee that submitted the request with respect to that determination that includes a statement of whether or not the President imposed or intends to impose sanctions with respect to such person. (e) Implementation; Penalties.-- (1) Implementation.--The President may exercise the authorities provided to the President 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. (2) Monitoring.--The President shall establish a system to monitor compliance with United States export control laws, including the foreign direct product rule, by being informed by multiple sources, including-- (A) publicly available information, including trade data; and (B) classified information, including relevant information provided by the Director of National Intelligence. (3) Penalties.--A person that violates, attempts to violate, conspires to violate, or causes a violation of subsection (a) or any regulation, license, or order issued to carry out 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. (4) Regulatory authority.--The President shall, not later than 180 days after the date of the enactment of this Act, promulgate regulations as necessary for the implementation of this title and the amendments made by this title. Subtitle C--Other Matters SEC. 341. RESTRICTION OF ACCESS TO NASA AREAS CONTROLLED OR OCCUPIED BY ROSCOSMOS. (a) Prohibition on Cooperation.-- (1) In general.--The Administrator of the National Aeronautics and Space Administration (referred to in this section as the ``Administrator'') may not sponsor a visa for admission to the United States for any citizen or national of the Russian Federation affiliated with ROSCOSMOS. (2) Exception.--Paragraph (1) shall not apply to work necessary for the operation of the International Space Station. (b) Closure of Areas Controlled or Occupied by ROSCOSMOS.-- (1) In general.--The Administrator shall-- (A) close any area described in paragraph (2) that is controlled or occupied by 1 or more individuals affiliated with ROSCOSMOS; and (B) return such area to the control of the United States Government. (2) Area described.--An area described in this paragraph is any location-- (A) on the property of the National Aeronautics and Space Administration; or (B) within a National Aeronautics and Space Administration facility. (c) National Security Waiver.--The President may waive the application of this section if the President-- (1) determines that the waiver is vital to the national security interests of the United States; and (2) not later than 30 days before exercising such waiver authority, submits a justification for the waiver to-- (A) the majority leader and minority leader of the Senate; (B) the Speaker of the House of Representatives and the minority leader of the House of Representatives; (C) the Committee on Commerce, Science, and Transportation, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and (D) the Committee on Energy and Commerce, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives. SEC. 342. REPORTS ON LIMITATION ON EXEMPTION FROM REGISTRATION UNDER THE FOREIGN AGENTS REGISTRATION ACT OF 1938, AS AMENDED, FOR PERSONS FILING DISCLOSURE REPORTS UNDER THE LOBBYING DISCLOSURE ACT OF 1995 WHO ARE ACTING ON BEHALF OF RUSSIAN ENTITIES. (a) In General.--Not later than 45 days after the date of enactment of this Act and every 90 days thereafter, the Attorney General, in coordination with the Secretary of State, shall submit to the appropriate committees of Congress with oversight over compliance by an agent of a foreign principal representing interests of the Government of the Russian Federation or entities under the control or influence of the Government of the Russian Federation with the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 611 et seq.), a report, the contents of which are described in subsection (b). (b) Contents.--The report required under subsection (a) shall-- (1) include a list of all filings made under the Lobbying Disclosure Act of 1995 (2 U.S.C. 1601 et seq.) during the applicable reporting period described in subsection (c) by any agent of a foreign principal that is based in the Russian Federation or on behalf of any company or economic project that is more than 33-percent owned or controlled by the Government of the Russian Federation, a Russian state-owned enterprise, or an individual on the list described in section 324; (2) for each filing that meets the requirements of paragraph (1)-- (A) list the name of the agent of the foreign principal filing the disclosure and the foreign principal or project on whose behalf the agent is filing; and (B) describe the nexus between the foreign principal listed in the registration and the company or economic project that is based in the Russian Federation or more than 33-percent owned or controlled by the Government of the Russian Federation, Russian state-owned enterprise, or an individual described in section 324; (3) include a list of all enforcement actions taken under the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 611 et seq.), or the Lobbying Disclosure Act of 1995 (2 U.S.C. 1601 et seq.) during the applicable reporting period described in subsection (c) against an agent of a foreign principal that is based in the Russian Federation or on behalf of any economic project that is more than 33-percent owned or controlled by the Government of the Russian Federation, Russian state-owned enterprise, or an individual on the list described in section 324; (4) describe any gaps in oversight or enforcement challenges to combatting abuse of or improper registrations under the exemption under section 3(h) of the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 613(h)); and (5) include an assessment of whether any changes to the exemption under section 3(h) of the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 613(h)), are necessary to ensure sufficient safeguards against malign influence activities by the Government of the Russian Federation or entities under the control or influence of the Government of the Russian Federation. (c) Reporting Period.--For purposes of a report required under subsection (a), the report shall cover-- (1) in the case of the initial report, calendar year 2021 and the first quarter of calendar year 2022; and (2) in the case of each subsequent report, the quarter of the calendar year preceding the report. Subtitle D--General Provisions SEC. 351. SANCTIONS DESCRIBED. The sanctions to be imposed with respect to a foreign person under this title are the following: (1) Property blocking.--The President shall exercise all of the powers granted by the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent necessary to block and prohibit all transactions in all property and interests in property of the foreign person if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (2) Restrictions on correspondent and payable-through accounts.--In the case of a foreign financial institution, the President shall prohibit the opening, and prohibit or impose strict conditions on the maintaining, in the United States of a correspondent account or a payable-through account by the foreign financial institution. (3) Aliens inadmissible for visas, admission, or parole.-- (A) Visas, admission, or parole.--In the case of an alien, the alien 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.--The visa or other entry documentation of an alien described in subparagraph (A) shall be revoked, regardless of when such visa or other entry documentation is or was issued. (ii) Immediate effect.--A revocation under clause (i) shall-- (I) take effect immediately; and (II) automatically cancel any other valid visa or entry documentation that is in the alien's possession. SEC. 352. IMPLEMENTATION; REGULATIONS; PENALTIES. (a) Implementation.--The President may exercise all authorities provided to the President under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this title. (b) Regulations.--The President shall issue such regulations, licenses, and orders as are necessary to carry out this title. (c) Penalties.--A person that violates, attempts to violate, conspires to violate, or causes a violation of this title or any regulation, license, or order issued to carry out this title 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. SEC. 353. EXCEPTIONS; WAIVER. (a) Exceptions.-- (1) Exception for intelligence activities.--This title shall not apply with respect to activities 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. (2) Exception for compliance with international obligations and law enforcement activities.--Sanctions under this title shall not apply with respect to an alien if admitting or paroling the alien into the United States is necessary-- (A) to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success on June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations of the United States; or (B) to carry out or assist law enforcement activity in the United States. (3) Humanitarian exception.--Sanctions under this title shall not apply with respect to any person for conducting or facilitating a transaction for the provision (including any sale) of agricultural commodities, food, medicine, or medical devices to the Russian Federation. (b) National Security Waiver.--The President may waive the imposition of sanctions under this title with respect to a person if the President-- (1) determines that such a waiver is in the national security interests of the United States; and (2) submits to the appropriate committees of Congress a notification of the waiver and the reasons for the waiver. SEC. 354. TERMINATION. The President may terminate the sanctions imposed under this title after determining and certifying to the appropriate committees of Congress that the Government of the Russian Federation has-- (1) verifiably withdrawn all of its forces from all territory of Ukraine that was not occupied or subject to control by forces or proxies of the Government of the Russian Federation before December 1, 2021; (2) ceased supporting proxies in such territory; and (3) entered into an agreed settlement with a legitimate democratic government of Ukraine. TITLE IV--HUMANITARIAN ASSISTANCE TO UKRAINE SEC. 401. HUMANITARIAN ASSISTANCE TO UKRAINE. (a) Sense of Congress.--It is the sense of Congress that the United States Government, in coordination with international organizations, other donors, and local partners, must be prepared to launch an immediate and targeted humanitarian response to avert disaster in the event of a further Russian invasion into Ukraine. (b) Assistance Described.-- (1) In general.--The Secretary of State and the Administrator of the United States Agency for International Development, consistent with the authorities under chapters 1 and 9 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq., 22 U.S.C. 2292 et seq.), shall accelerate contingency planning for an immediate humanitarian response to a Russian invasion into Ukraine, including, as practicable and appropriate, support for-- (A) the prepositioning of food and non-food humanitarian commodities; (B) the recruitment of staff and enabling mechanisms for disaster assistance response teams; (C) medical support for civilian casualties of conflict; (D) assistance for internally displaced persons and the communities hosting them; (E) the adaptation and expansion of transition initiatives that promote stabilization and early recovery; and (F) protection services for humanitarian actors and civil society organizations working to address humanitarian needs and build resilience to Russian aggression. (c) Congressional Briefing.--Not later than 5 days after the date of the enactment of this Act, the Secretary of State and the Administrator of the United States Agency for International Development shall brief the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate on the comprehensive United States Government strategy to avert a humanitarian catastrophe in Ukraine. SEC. 402. LIMITATIONS ON HUMANITARIAN ASSISTANCE. (a) Limitation.--None of the funds authorized to be appropriated or otherwise made available by this Act may be made available for assistance for the Government of the Russian Federation. (b) Annexation of Crimea.-- (1) Prohibition.-- (A) In general.--None of the funds authorized to be appropriated or otherwise made available by this Act may be made available for assistance for the central government of a country that the Secretary of State determines and reports to the Committees on Foreign Relations and Appropriations of the Senate and the Committees on Foreign Affairs and Appropriations of the House of Representatives has taken affirmative steps intended to support or be supportive of the Russian Federation annexation of Crimea or any other territory in Ukraine. (B) Waiver.--The Secretary may waive the restriction on assistance under subparagraph (A) if the Secretary determines and reports to the committees described in such subparagraph that the waiver is in the national security interest of the United States, and includes a justification for such interest. (2) Limitation.--None of the funds authorized to be appropriated or otherwise made available by this Act may be made available for-- (A) the implementation of any action or policy that recognizes the sovereignty of the Russian Federation over Crimea or any other territory in Ukraine; (B) the facilitation, financing, or guarantee of United States Government investments in Crimea or other territory in Ukraine under the control of the Government of the Russian Federation or Russian-backed separatists, if such activity includes the participation of officials of the Government of the Russian Federation or other Russian-owned or - controlled financial entities; or (C) assistance for Crimea or other territory in Ukraine under the control of the Government of the Russian Federation or Russian-backed separatists, if such assistance includes the participation of Russian Government officials of the Government of the Russian Federation or other Russian-owned or -controlled financial entities. (3) International financial institutions.--The Secretary of the Treasury shall instruct the United States executive directors of each international financial institution to use the voice and vote of the United States to oppose any assistance by such institution (including any loan, credit, or guarantee) for any program that violates the sovereignty or territorial integrity of Ukraine. (4) Duration.--The requirements and limitations of this subsection shall cease to be in effect if the President certifies to the Committee on Foreign Relations and the Committee on Appropriations of the Senate and the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives that the Government of Ukraine has reestablished sovereignty over Crimea and other territory in Ukraine under the control of the Government of the Russian Federation or Russian-backed separatists and the Government of the Russian Federation has returned to their garrisons all troops currently on the internationally recognized border of Ukraine as of February 1, 2022. TITLE V--GENERAL PROVISIONS SEC. 501. SUNSET. The provisions of titles I, II, and IV shall terminate on the date that is 5 years after the date of the enactment of this Act. SEC. 502. EXCEPTION RELATING TO IMPORTATION OF GOODS. (a) In General.--Notwithstanding any other provision of this Act, the authority or a requirement to impose sanctions under this Act shall not include the authority or a requirement to impose sanctions on the importation of goods. (b) Good Defined.--In this section, the term ``good'' means any article, natural or manmade substance, material, supply, or manufactured product, including inspection and test equipment, and excluding technical data. SEC. 503. PROHIBITION OF FUNDS. No funds appropriated or authorized to be appropriated in this Act may be used to support-- (1) any entity occupying the seat of government in Ukraine which is not internationally recognized as the legitimate government of Ukraine; or (2) any entity under the direct control of the Government of the Russian Federation. <all>

Never Yielding Europe’s Territory (NYET) Act of 2022

To counter the aggression of the Russian Federation against Ukraine and Eastern European allies, to expedite security assistance to Ukraine, to bolster its defense capabilities and those of allies and partners in the region, to impose sanctions relating to the actions of the Russian Federation with respect to Ukraine, and for other purposes.

Never Yielding Europe’s Territory (NYET) Act of 2022 Energy Security Cooperation with Allied Partners in Europe Act Ukraine Democracy Defense Lend-Lease Act of 2022

Rep. McCaul, Michael T.

R

TX

H.R.5480

Labor and Employment

This bill places certain restrictions on employer-based vaccination requirements. Specifically, the bill prohibits the Department of Labor from issuing an emergency temporary occupational safety or health standard that requires employers to ensure their employees receive a vaccine. In addition, the bill expressly applies the Religious Freedom Restoration Act of 1993 (RFRA) to occupational health and safety rules issued by Labor. Currently, RFRA prohibits the government from substantially burdening a person's exercise of religion even if the burden results from a rule of general applicability, except in furtherance of a compelling governmental interest when using the least restrictive means.

To clarify the applicability of the Religious Freedom Restoration Act of 1993 to rules issued under the Occupational Safety and Health Act of 1970 and to amend such Act to prohibit emergency temporary standards with respect to vaccines, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. APPLICABILITY OF RELIGIOUS FREEDOM RESTORATION ACT OF 1993. The Religious Freedom Restoration Act of 1993 (42 U.S.C. 2000bb et seq.) shall apply with any rule issued by the Secretary of Labor under the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.). SEC. 2. PROHIBITION ON CERTAIN EMERGENCY TEMPORARY STANDARDS. Section 6(c) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 655(c)) is amended by adding at the end the following: ``(4) The Secretary may not issue an emergency temporary standard that requires an employer to ensure that employees of the employer receive a vaccine.''. <all>

To clarify the applicability of the Religious Freedom Restoration Act of 1993 to rules issued under the Occupational Safety and Health Act of 1970 and to amend such Act to prohibit emergency temporary standards with respect to vaccines, and for other purposes.

To clarify the applicability of the Religious Freedom Restoration Act of 1993 to rules issued under the Occupational Safety and Health Act of 1970 and to amend such Act to prohibit emergency temporary standards with respect to vaccines, and for other purposes.

Official Titles - House of Representatives Official Title as Introduced To clarify the applicability of the Religious Freedom Restoration Act of 1993 to rules issued under the Occupational Safety and Health Act of 1970 and to amend such Act to prohibit emergency temporary standards with respect to vaccines, and for other purposes.

Rep. Estes, Ron

R

KS

H.R.9105

Health

National Medical Corps Act or the NMC Act This bill establishes a program to create pathways for community college students from economically or educationally disadvantaged backgrounds to pursue careers in primary care medicine or psychiatry by awarding grants or contracts to medical schools, institutions of higher education, or other health or educational institutions (excluding nursing schools) that form consortia comprised of specified educational institutions and health care institutions.

To amend the Public Health Service Act to authorize the establishment of the National Medical Corps Program to create pathway programs for community college students to pursue premedical training and enter medical school, and for other purposes. Be it enacted by the Senate 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 Medical Corps Act'' or the ``NMC Act''. SEC. 2. NATIONAL MEDICAL CORPS PROGRAMS. Part B of title VII of the Public Health Service Act (42 U.S.C. 293 et seq.) is amended by adding at the end the following: ``SEC. 741A. NATIONAL MEDICAL CORPS PROGRAMS. ``(a) In General.--The Secretary, in consultation with the Secretary of Education and the Secretary of Labor, shall make grants to, and enter into contracts with, eligible entities for the purpose of establishing programs to assist community college students to pursue premedical training and enter medical school (referred to in this section as an `NMC Program', by addressing-- ``(1) the shortage of primary care physicians and psychiatrists in vulnerable and underserved communities; and ``(2) the widening disparities in access to care in such communities. ``(b) Eligible Entity.--An entity is eligible to receive a grant or enter into a contract under this section if the entity is a school of medicine, an institution of higher education, or a public or private nonprofit health or educational institution (other than a school of nursing) that-- ``(1) forms a consortium that includes, at a minimum-- ``(A) 3 community colleges in the region in which the consortium serves; ``(B) one 4-year public or private nonprofit undergraduate institution in the region; ``(C) one public or private nonprofit accredited medical school located in a State; ``(D) one primary care association or consortium of community health centers; ``(E) at least one community health center, inclusive of federally qualified health centers, federally qualified health center look-alikes, rural health centers, migrant health centers, frontier health centers, indian health service clinics, and free clinics; and ``(F) other such entities as considered appropriate by the Secretary; and ``(2) has established, or commits to establish, a community advisory board that is-- ``(A) comprised of local business, education, health industry, and other community leaders to oversee and guide the programmatic direction of the program; and ``(B) intended to guide the unique establishment of regional partnerships and opportunities for students along the pathway to support the accomplishment of its targets for student outcomes. ``(c) Application; Selection.-- ``(1) Application.--An eligible entity seeking a grant under this section shall submit an application at such time and in such manner as the Secretary may require. Such application shall contain-- ``(A) the name of the entity selected to operate as the lead entity of the consortium; ``(B) documentation supporting the entity's eligibility; and ``(C) such other information as the Secretary may require. ``(2) Selection.--The Secretary shall select, on a competitive basis-- ``(A) 20 eligible entities in the first full calendar year beginning on or after the date of the enactment of this section; and ``(B) 20 eligible entities in each of the 5 subsequent calendar years. ``(d) Conditions on Awards.--The recipient of a grant shall, as a condition on receiving such a grant agree-- ``(1) that a student selected to participate in an NMC Program (referred to in this section as a `National Medical Corps Scholar' or an `NMC Scholar') shall be-- ``(A) a community college student who has completed at least one semester of community college and is intending to transfer to a 4-year college pre-medical program with the intent to pursue a career in primary care medicine or psychiatry; ``(B) from an economically or educationally disadvantaged background; and ``(C) a citizen, national, or lawful permanent resident of the United States; ``(2) to verify that each individual seeking to be selected as an NMC Scholar-- ``(A) intends to pursue practice as a physician who practices primary care or psychiatry; ``(B) intends to serve in the National Health Service Corps; or ``(C) has been determined under subsection (f) to be from an economically or educationally disadvantaged background; ``(3) to provide to each NMC Scholar a student-identifying marker prior to entering medical school and to require that the NMC Scholar, as a condition on receipt of support, provides to the grant recipient the National Provider Identifier of the NMC Scholar when the Scholar enters medical school; ``(4) to select and support (through the provision of scholarships and wrap around services) not fewer than 50 NMC Scholars each year of the grant, selected from three or more of the populations described in subsection (e); ``(5) to track the academic and career pathway of such NMC scholars from community college through medical school; ``(6) to provide individualized guidance with respect to pursuing an alternate career pathway to NMC scholars that elect not to pursue a career as physicians in primary care or psychiatry; and ``(7) to limit the amount of an award to an NMC Scholar in a fiscal year to the costs of attendance for the applicable school year. ``(e) Populations Described.--The populations described in this subsection are each of the following: ``(1) Individuals enrolled in 2-year community college programs with the intention to transfer to a 4-year institution of higher education. ``(2) Community college transfer students who are currently enrolled in a 4-year institution of higher education with intention to apply to medical school. ``(3) Individuals enrolled in medical school who-- ``(A) were previously enrolled for a period of at least 1 year at a community college after completing secondary school but before obtaining a bachelor's degree; and ``(B) intend to pursue training in primary care or psychiatry to serve rural or underserved communities. ``(f) Economically or Educationally Disadvantaged Background.--To determine if a student seeking to be selected as an NMC Scholar is from an economically or educationally disadvantaged background, the recipient of a grant under this section shall-- ``(1) first determine if such student is from an economically disadvantaged background; and ``(2) if a student has been determined not to be from an economically disadvantaged background, the recipient shall evaluate whether the student is from a educationally disadvantaged background. ``(g) Use of Funds.--An eligible entity selected to receive a grant under this section may use funds received through the grant to-- ``(1) conduct outreach toward, and recruitment and enrollment of, NMC Scholars; ``(2) plan, develop, and operate a program to support NMC Scholars' career progression into medical school, including providing advising, mentoring, academic supports for transfer, medical school applications, and identifying and pursuing extracurricular and work opportunities aligned with future health careers, such as part-time employment in a health, public health, or primary care-related position; ``(3) provide financial assistance in the form of scholarships or stipends for NMC Scholars from community college through entry to medical school; ``(4) coordinate NMC Program activities with other existing Federal, State, local, and institutions resources, including the Health Careers Opportunity program under section 736, area health education centers under section 751, programs and services for disabled students under subtitle A of title II of the Americans with Disabilities Act, and Federal TRIO programs under chapter 1 of subpart 2 of part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070a-11 et seq.); ``(5) implement data sharing, analysis, and the continuous testing of data-informed practices, to foster a statewide collaboration of mutual accountability for improvement, consistent with applicable State and Federal law; ``(6) cover the costs associated with maintaining the consortium and advisory board; ``(7) support training in community-based organizations, such as community health centers; ``(8) develop a partnership agreement and support NMC Scholars with one or more campus-based learning communities, groups, or entities; and ``(9) implement and adopt premedical advising standards or standardized guidelines as set out by the consortium lead, in collaboration with consortium membership, including community colleges, four-year undergraduate institutions, and participating schools of medicine. ``(h) Priorities in Making Awards.--In awarding grants or contracts under this section, the Secretary may give priority to consortia that include at least one-- ``(1) minority-serving institution, including a historically Black college or university; ``(2) Hispanic-serving institution; ``(3) Tribal college or university; ``(4) Asian American and Pacific Islander serving institution; ``(5) Native Hawaiian-serving institution; or ``(6) Native American-serving non-Tribal institution. ``(i) Coordination With NHSC.--Individuals selected as NMC Scholars shall receive priority consideration for an award under for National Health Service Corps Scholarship Program under section 338A and the National Health Service Corps Loan Repayment Program under section 338B. ``(j) Report to Secretary.-- Not later than 1 year after the date of the enactment of this section and every calendar year thereafter, each consortium selected to receive a grant under this section shall submit to the Secretary a report on the following with respect to the preceding year: ``(1) The selection criteria and process used to ensure that the members of the consortium and advisory board represent the intended communities to be served and the demographics of such members and advisory board. ``(2) A summary of the roles of the members of the consortium and advisory board. ``(3) The selection criteria, process, and strategy used by the consortium to recruit, engage, and select NMC Scholars. ``(4) With respect to the NMC Scholars participating in the NMC Program-- ``(A) self-reported demographic data (including race and ethnicity, sex, sexual orientation, gender identity, date of birth, English proficiency status, fluency in other languages, disadvantaged (educational or economic) background status, disability, the census tract or current address, or other demographic data as appropriate); ``(B) the percentages of NMC Scholars who successfully achieve transfer-level math and English by the completion of their second year enrolled in a community college, disaggregated by race and ethnicity of student populations so enrolled in such a community college; ``(C) the rate of acceptance to participating 4- year institutions of higher education and 4-year college pre-medical training programs for transfer students applying from participating community colleges; ``(D) the rate of NMC scholars eligible to transfer, or accepted to attend, a participating 4-year institution of higher education after completing two years, two and one-half years, or three or more years, in special circumstances, of enrollment in a community college. ``(E) when available, career advancement data, including-- ``(i) whether the scholar was accepted to a 4-year institution of higher education, medical school, another health professions program, or another STEM professions program; ``(ii) whether the scholar graduated from medical school, another health professions program, or another STEM professions program; ``(iii) whether the scholar pursued a career in primary care, psychiatry, or another health profession in a rural or underserved setting; ``(iv) the National Provider Identifier assigned to such student, as available; and ``(v) such other information as determined to be appropriate by the Secretary. ``(5) An evaluation of the success of the NMC Program, including with respect to-- ``(A) whether the program was able to support not less than 50 students in the first year of implementation of the program; ``(B) the number of semesters in community college each such student enrolled in, what type of college or university the student was enrolled in, which degree the student pursued, and which career pathway the student is pursuing; ``(C) whether the program developed a partnership agreement with one or more campus-based learning communities, groups, or entities, as specified in subsection (g)(8); and ``(D) whether and to what extent the program was able to align its goals and equity strategies, and maximize the use of available resources and funds, as specified in subsection (d)(4). ``(k) Report to Congress.--Not later than the end of fiscal year 2028, the Secretary, acting through the Administrator of the Health Resources and Services Administration, shall submit an annual report to the Congress that-- ``(1) summarizes the information submitted in the evaluation and report under subsections (j) and (k); ``(2) describes the contracts, strategy, and goals shared between the Secretary and each consortium receiving a grant under this section; ``(3) includes data on the planned and actual use of funds by the consortium and the Secretary in carrying out this section; ``(4) assesses the goals and progress of the NMC Program, including the potential impact of NMC Scholars on health care access and quality; and ``(5) makes recommendations for improvements to the program. ``(l) Privacy Protections.--In publishing data under this section, the Secretary shall take all necessary steps to protect the privacy of individuals whose information is included in such data, including-- ``(1) complying with privacy protections comparable to those applicable under the HIPAA privacy regulation (as defined in section 1180(b)(3) of the Social Security Act) to covered entities (as defined for purposes of such regulation); ``(2) not using or disclosing the information generated pursuant to the program for any purpose other than carrying out the program; and ``(3) not publishing or selling individually identifiable information generated pursuant to the program nor transmitting such data for purposes other than carrying out the program, including not sharing such information with any local, State, or Federal law enforcement agency. ``(m) Definitions.--In this section: ``(1) The term `State' means each State of the United States, the District of Columbia, American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, the Virgin Islands of the United States, and any other territory or possession of the United States, and each federally recognized Indian Tribe. ``(2) The term `educationally disadvantaged', with respect to the background of a student seeking to be selected as an NMC scholar, means that the student-- ``(A) is a member of a racial and ethnic minority group (as defined in section 1707) that is under- represented in medicine; ``(B) resides in a low-income community; ``(C) is a first-generation college attendee; ``(D) attended high school-- ``(i) in a health professional shortage area designated under section 332 or a medically underserved area (as defined in section 330I(a)) or in a rural setting (as defined by the Office of Rural Health Policy); or ``(ii) with a low grade point average (2.0 cumulative on a 4.0 scale), based on most recent annual data available; ``(iii) based on the most recent annual data available, had either-- ``(I) a low percentage of seniors receiving a high school diploma; or ``(II) a low percentage of graduates who go to college during the first year after graduation; or ``(iv) has low per capita funding; or ``(v) based on the most recent annual data available, a high rate of the enrolled students are eligible for free or reduced-price lunches. ``(3) The term `primary care' means, with respect to a physician, practicing as a general practitioner, family practice practitioner, general internist, pediatrician, psychiatrist, or obstetrician or gynecologist. ``(n) Funding.-- ``(1) Authorization of appropriations.--There are authorized to be appropriated to carry out this section-- ``(A) $27,000,000 for fiscal year 2023; ``(B) $54,000,000 for fiscal year 2024; ``(C) $81,000,000 for fiscal year 2025; ``(D) $108,000,000 for fiscal year 2026; and ``(E) $135,000,000 for fiscal year 2027. ``(2) Allocation among consortia.--Of the amount made available under paragraph (1) for a fiscal year, the Secretary shall allot not more than $1, 350,000 to each consortium. ``(3) Limitation on administrative expenses.--A consortium may use not more than 30 percent of funds allocated to such consortium for administrative expenses of the consortium in carrying out an NMC Program.''. <all>

NMC Act

To amend the Public Health Service Act to authorize the establishment of the National Medical Corps Program to create pathway programs for community college students to pursue premedical training and enter medical school, and for other purposes.

NMC Act National Medical Corps Act

Rep. Lee, Barbara

D

CA

H.R.2997

Transportation and Public Works

Crash Avoidance System Evaluation Act This bill requires the Department of Transportation to evaluate the performance of crash avoidance systems at detecting and classifying pedestrians, bicyclists, and other vulnerable road users, including those with different skin tones that represent different racial and ethnic groups. Crash avoidance system is defined as a system in a motor vehicle used to prevent or mitigate a crash, including a system using cameras, lidar, or radar.

To require a study to evaluate the performance of crash avoidance systems at detecting and classifying pedestrians, bicyclists, and other vulnerable road users. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Crash Avoidance System Evaluation Act''. SEC. 2. STUDY TO EVALUATE THE PERFORMANCE OF CRASH AVOIDANCE SYSTEMS. (a) Study.--The Secretary of Transportation shall conduct a study to evaluate the performance of crash avoidance systems at detecting and classifying pedestrians, bicyclists, and other vulnerable road users, including those with different skin tones that are representative of different racial and ethnic groups. (b) Report.--Not later than 2 years after the date of enactment of this Act, the Secretary shall transmit a report of the results of the study required under subsection (a) to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate, and make such report publicly available. (c) Contracting.--The Secretary may enter into contracts with nonprofit institutions, colleges, and universities to conduct research required for the study required under subsection (a). (d) Definition of Crash Avoidance.--As used in this section, the term ``crash avoidance systems'' means any system in a motor vehicle used to prevent or mitigate a crash, including a system using cameras, lidar, or radar. <all>

Crash Avoidance System Evaluation Act

To require a study to evaluate the performance of crash avoidance systems at detecting and classifying pedestrians, bicyclists, and other vulnerable road users.

Crash Avoidance System Evaluation Act

Rep. Rush, Bobby L.

D

IL

S.1525

Economics and Public Finance

Transform, Heal, and Renew by Investing in a Vibrant Economy Act or the THRIVE Act This bill establishes a program to address the economy, racial justice, and climate change. The President must establish a board to advise the President and the heads of federal departments and agencies regarding the implementation of this bill. The President, in consultation with the board, must establish a 10-year plan to create a society that enables and supports In addition, the President, in consultation with the board, must implement a program that provides support to public or private entities that carry out qualified programs. The programs must meet certain labor, equity, and environmental conditions and support

To establish a Federal agenda to transform, heal, and renew the United States by investing in a vibrant economy, to provide funds to certain Federal investment programs that meet related labor, equity, and environmental standards, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Transform, Heal, and Renew by Investing in a Vibrant Economy Act'' or the ``THRIVE Act''. SEC. 2. PURPOSE; POLICY GOALS; AGENDA. (a) Purpose.--The purpose of this Act is to mobilize Federal efforts to respond, in a manner that is bold and holistic, to the urgent concurrent crises of racial injustice, the undermining of Tribal sovereignty, mass unemployment and economic inequality, the Coronavirus Disease 2019 pandemic, and climate change by establishing a national agenda to transform, heal, and renew the United States to create a society that enables and supports-- (1) greater racial, Indigenous, gender, environmental, and economic justice; (2) dignified work opportunities; (3) healthy communities; (4) a stable climate; and (5) healthy ecosystems. (b) Policy Goals.--It is the policy of the United States-- (1) to create and sustain millions of good, safe, family- sustaining jobs with appropriate access to labor organizations; (2) to increase the power of workers to fight inequality in the workplace; (3) to invest in historically underserved and impacted communities, including Black, Tribal, Indigenous, Latinx, Arab, Asian, and Pacific Islander communities, to increase the capacity of those communities to counteract racial, ethnic, gender, and other social and economic injustices; (4) to strengthen and heal the nation-to-nation relationship between the United States and sovereign Indian Tribes; (5) to combat environmental injustice and ensure healthy lives for all people; (6) to avert further climate and environmental catastrophe; (7) to ensure fairness for workers and communities affected by economic transitions; and (8) to reinvest in public sector institutions that enable workers and communities to thrive. (c) Agenda.-- (1) Establishment.--Not later than 120 days after the date of enactment of this Act, the President, in consultation with the Board, shall establish a 10-year plan, to be known as the ``Agenda to Transform, Heal, and Renew by Investing in a Vibrant Economy'', in accordance with which the purpose and policy goals described in subsections (a) and (b), respectively, shall be achieved. (2) Submission.--The agenda established under paragraph (1) shall be submitted to-- (A) the National Economic Council; and (B) the Office of Management and Budget for inclusion in each annual budget request submitted to Congress under section 1105 of title 31, United States Code, during the 10-year period covered by the agenda. SEC. 3. DEFINITIONS. In this Act: (1) Administering agency.--The term ``administering agency'' means a Federal department or agency with administrative jurisdiction over a qualified investment program. (2) Board.--The term ``Board'' means the Transform, Heal, and Renew by Investing in a Vibrant Economy Recovery Board established under section 4(a). (3) Care worker.--The term ``care worker'' means any individual who provides paid or unpaid child care or dependent adult care, including-- (A) a domestic worker; (B) a health care worker; (C) a home health aide; and (D) a nanny. (4) Environmental justice community.-- (A) In general.--The term ``environmental justice community'' means a low-income or low-wealth community facing environmental injustice. (B) Inclusions.--The term ``environmental justice community'' includes any community that, as determined by the Board, in consultation with the White House Environmental Justice Advisory Council and the National Environmental Justice Advisory Council-- (i) is located nearest to an existing area of grave environmental pollution and degradation; (ii) bears a burden of negative public health effects of pollution; (iii) includes 1 or more sites of-- (I) a facility that is a part of a polluting industry; (II) a waste dump; or (III) a facility for resource extraction; (iv) experiences a high incidence of climate change impacts and extreme weather disasters; (v) has been excluded or harmed by racist or discriminatory policies that have resulted in economic or health disparities; (vi) has a land-based or food subsistence culture that is experiencing ecosystem disruption and devastation; (vii) faces relocation and resettlement resulting from-- (I) climate change; (II) impacts to the environment and ecosystems; or (III) impacts associated with economic inequities; or (viii) is an Indigenous community. (5) Equity assessment.--The term ``equity assessment'', with respect to an investment, program, plan, regulation, or operational decision, mean an assessment (which may include the assignment of an equity score)-- (A) to evaluate the social, economic, and environmental impacts of the investment, program, plan, regulation, or decision on-- (i) impacted communities; and (ii) environmental justice communities; and (B) the goals of which are-- (i) to address historic inequality; (ii) to ensure an equitable outcome; (iii) to prevent further concentration of pollution in areas experiencing an already high concentration of a pollutant or other toxic substance; and (iv) to minimize inadvertent disproportionate social, economic, and environmental effects of the investment, program, plan, regulation, or decision. (6) Family-sustaining job.--The term ``family-sustaining job'' means an employment opportunity that provides an individual with a wage that is sufficient to cover necessary expenses for the family of the individual, such as food, medical care, child care, housing, and transportation, without requiring reliance by the family on financial assistance from any other source. (7) Federal spending program.--The term ``Federal spending program'' means any program, project, or other activity-- (A) carried out by, or pursuant to a contract with, a Federal department or agency; and (B) for which Federal funds are made available. (8) High-road labor, equity, or environmental condition.-- The term ``high-road labor, equity, or environmental condition'' means any condition on the provision of Federal funding for a qualified investment program, as established by the President, based on advice of the Board, under section 5(d)(3)(A). (9) Impacted community.-- (A) In general.--The term ``impacted community'' means a community that is harmed by environmental, economic, or socioeconomic injustice. (B) Inclusions.--The term ``impacted community'' includes-- (i) an environmental justice community; and (ii) a community that, as determined by the Board, in consultation with the White House Environmental Justice Advisory Council and the National Environmental Justice Advisory Council-- (I) has a high concentration of low-income and low-wealth households, including households comprised primarily of members of groups that have historically experienced discrimination on the basis of race, gender, national origin, or ethnicity (including Black, Indigenous, Latinx, Arab, Asian, and Pacific Islander communities); or (II) faces economic transition, deindustrialization, historic underinvestment, and poverty. (10) Implementing entity.--The term ``implementing entity'' means any public or private entity (including any Federal, Tribal, State, or local agency and any firm, supplier, or subcontractor throughout the supply chain) that carries out a qualified investment program using public support. (11) Indian tribe.--The term ``Indian Tribe'' means an Indian or Alaska Native tribe, band, nation, pueblo, village, or community that the Secretary of the Interior acknowledges to exist as an Indian Tribe pursuant to the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5130 et seq.). (12) Indigenous community.--The term ``Indigenous community'' means-- (A) an Indian Tribe; (B) a Native Hawaiian organization; (C) a State-recognized Indian tribe; (D) any reservation-based, urban Indigenous, or intertribal community, group, organization, or coalition; and (E) an Alaska Native village. (13) Public support.-- (A) In general.--The term ``public support'' means any financial or in-kind contribution provided by the President under section 5 for the administration, development, or implementation of a qualified investment program carried out under this Act. (B) Inclusions.--The term ``public support'' includes-- (i) technical support; (ii) grants; (iii) loans; (iv) investments; and (v) equity stakes. (14) Qualified investment program.--The term ``qualified investment program'' means any Federal spending program certified by the President pursuant to section 5(c). (15) State.--The term ``State'' means-- (A) a State; (B) the District of Columbia; (C) the Commonwealth of Puerto Rico; and (D) any other territory or possession of the United States. SEC. 4. THRIVE RECOVERY BOARD. (a) Establishment.--Not later than 60 days after the date of enactment of this Act, the President shall establish an advisory board, to be known as the ``Transform, Heal, and Renew by Investing in a Vibrant Economy Recovery Board'', to advise the President and the heads of appropriate Federal departments and agencies regarding the implementation of this Act. (b) Membership.-- (1) Composition.--The Board shall be composed of 20 members who, as determined by the President-- (A) provide diverse and fair representation from-- (i) impacted communities; (ii) allies identified by impacted communities; (iii) Indigenous communities; and (iv) labor organizations; and (B) are qualified, through education, training, and experience, to evaluate information relating to matters referred to the Board. (2) Appointment.-- (A) In general.--The members of the Board shall be appointed by the President from among individuals recommended by interested individuals and entities. (B) Prohibition.--A member of the Board may not be an employee or former employee of the Federal Government. (3) Term; vacancies.-- (A) Term.--A member of the Board-- (i) shall be appointed to serve the Board for an initial term of 3 years; and (ii) may be reappointed to serve not more than 1 additional term of not longer than 3 years. (B) Vacancies.--A vacancy on the Board-- (i) shall not affect the powers of the Board; and (ii) shall be filled in the same manner as the original appointment was made. (4) Chairperson.--The Board shall select a chairperson from among the members of the Board. (5) Initial meeting.--Not later than 14 days after the date on which all members of the Board have been appointed, the Board shall hold the initial meeting of the Board. (6) Meetings.--The Board shall meet at the call of the chairperson. (7) Quorum.--A majority of members of the Board shall constitute a quorum, but a lesser number of members may hold hearings. (8) Treatment and compensation.--A member of the Board shall be-- (A) a full-time employee of the Board; and (B) compensated at such rate as the President may establish, not to exceed the maximum amount of compensation payable to a member of the Senior Executive Service under section 5382(b) of title 5, United States Code. (c) Duties.-- (1) Proposed criteria.-- (A) Precertification and investment requirements.-- Not later than 120 days after the date of enactment of this Act, the Board shall develop and submit to the President proposed criteria for-- (i) precertification of existing Federal spending programs under section 5(c)(1)(A); and (ii) certification of existing and new Federal spending programs as qualified investment programs with respect to required investments, in accordance with section 5(d)(2). (B) High-road labor, equity, and environmental conditions.-- (i) In general.--Not later than 180 days after the date of enactment of this Act, the Board shall develop and submit to the President proposed criteria for certification of existing and new Federal spending programs as qualified investment programs with respect to high-road labor, equity, and environmental conditions, in accordance with section 5(d)(3)(A). (ii) Public participation.--In developing the proposed criteria relating to high-road labor, equity, and environmental conditions under clause (i), the Board shall-- (I) make the proposed criteria available for public comment; and (II) host public hearings and other direct engagement opportunities for impacted communities and Indigenous communities. (iii) Publication.--Not later than 190 days after the date of enactment of this Act, the President shall publish in the Federal Register the proposed criteria developed by the Board under clause (i). (2) Study.-- (A) In general.--Not less frequently than annually, the Board shall conduct a study of all matters relating to qualified investment programs. (B) Inclusions.--The study conducted by the Board under subparagraph (A) shall include an evaluation of-- (i) any legislative or administrative actions (including with respect to investment requirements and other criteria under section 5(d)) carried out under this Act during the period covered by the study; (ii) the degree to which qualified investment programs have contributed to achieving the policy goals described in section 2(b); (iii) the effectiveness of the criteria relating to investment requirements established under section 5(d)(2) in achieving those policy goals; and (iv) practicable modifications to those requirements to better achieve those goals. (3) Recommendations.--The Board shall develop recommendations regarding-- (A) the method by which the President can effectuate the Agenda to Transform, Heal, and Renew by Investing in a Vibrant Economy established under section 2(c)(1) pursuant to the annual budget request submitted to Congress under section 1105 of title 31, United States Code; (B) the means by which Federal spending programs may be certified under section 5(d) as qualified investment programs to receive public support under this Act; (C) legislative and administrative actions (including with respect to investment requirements and other criteria) to best achieve the purpose and policy goals described in section 2; (D) the effectiveness of the criteria relating to investment requirements established under section 5(d)(2) in achieving those policy goals; and (E) modifications to those criteria, if any. (4) Reports.-- (A) Study and recommendations.-- (i) In general.--Not less frequently than annually, the Board shall submit to the President and Congress a report that contains-- (I) a detailed statement of the findings and conclusions of the Board under paragraph (2); and (II) the recommendations of the Board under paragraph (3). (ii) Publication.--The President shall publish each report submitted by the Board under clause (i) in the Federal Register. (B) High-road labor, equity, and environmental conditions.-- (i) In general.--Not less frequently than once every 2 years, the Board shall submit to the President and Congress a report assessing-- (I) the degree of compliance by implementing entities with applicable high-road labor, equity, and environmental conditions; and (II) the relative efficacy of enforcement by administering agencies of those high-road labor, equity, and environmental conditions. (ii) Community impact assessments.--The Board shall conduct regular regional community impact assessments to gather information for each report submitted under clause (i). (d) Powers.-- (1) Hearings.--The Board may hold such hearings, meet and act at such times and places, take such testimony, and receive such evidence as the Board considers to be advisable to carry out this Act. (2) Information from agencies.-- (A) In general.--The Board may secure directly from a Federal department or agency such information as the Board considers to be necessary to carry out this Act. (B) Provision of information.--On request of the chairperson of the Board, the head of a Federal department or agency shall provide any requested information to the Board. (3) Postal services.--The Board may use the United States mails in the same manner and under the same conditions as other Federal departments and agencies. (4) Gifts.--The Board may accept, use, and dispose of gifts or donations of services or property. (e) Inapplicability of FACA.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Board. SEC. 5. TRANSFORM, HEAL, AND RENEW BY INVESTING IN A VIBRANT ECONOMY (THRIVE) QUALIFIED INVESTMENT PROGRAMS. (a) Establishment.-- (1) In general.--The President shall establish and carry out a program under which the President shall provide public support in accordance with this Act to implementing entities to carry out 1 or more qualified investment programs certified by the President, in consultation with the Board, under subsection (d). (2) Condition of receipt.--As a condition of receiving public support under this section, an implementing entity shall agree to carry out each applicable qualified investment program-- (A) pursuant to a contract or agreement with the administering agency; and (B) subject to oversight by-- (i) the administering agency; and (ii) the President, in consultation with the Board. (3) Authorization of appropriations.--There are authorized to be appropriated to the President to carry out the program under this section such sums as are necessary, but not less than $1,000,000,000,000, for each of fiscal years 2022 through 2032. (b) Targets.--In selecting implementing entities to receive public support under this section, the President shall ensure that, in the aggregate, the qualified investment programs funded under this section will enable-- (1) the creation and support of not fewer than 15,500,000 family-sustaining jobs; (2) the achievement of-- (A) full employment; and (B) economic security for all individuals; (3) the meaningful and measurable counteraction of racial, ethnic, Indigenous, gender, and other social, economic, and environmental injustices; (4) by not later than December 31, 2025, 100 percent of all newly constructed buildings in the United States (including territories) to be zero-emission buildings; (5) a rapid transition to ensure-- (A) 100 percent of all new vehicles purchased in the United States (including territories) are zero- emission vehicles; and (B) the deployment of a nationwide network of zero- emission vehicle infrastructure; (6) by not later than December 31, 2030, the majority of the population of the United States (including territories) to reside within walking distance of frequent, high-quality, affordable, clean energy-powered or zero-emission public transit and bikeable and walkable transportation infrastructure to reduce emissions from the transportation sector; (7) by not later than December 31, 2035, the achievement of 100-percent clean energy generation throughout the United States (including territories), with priority given to deployment of renewable energy; and (8) by not later than December 31, 2035, the conversion of all school buses in operation in the United States as of that date (including diesel school buses) to zero-emission school buses. (c) Certification of Federal Spending Programs as Qualified Investment Programs.-- (1) Process.-- (A) Regular certification.-- (i) In general.--The President shall establish a process under which the President, in consultation with the Board, may certify, in accordance with this section, an existing or new Federal spending program that is the subject of a nomination under paragraph (2) as a qualified investment program. (ii) Precertification.--The process under clause (i) shall include a process for precertification by the President of existing Federal spending programs as qualified investment programs, if the President determines that the existing Federal spending programs are consistent with the policy goals described in section 2(b). (B) Expedited process for interim certification.-- (i) In general.--Not later than 60 days after the date of enactment of this Act, the President, in coordination with the Director of the Office of Management and Budget, the Chairperson of the Council on Environmental Quality, and the White House Domestic Climate Advisor, shall establish an expedited process to provide interim certification of appropriate existing Federal spending programs as qualified investment programs for receipt of public support under this section to enable the rapid disbursal of funds urgently needed for economic recovery. (ii) Inclusion.--The expedited process established under clause (i) shall include an expedited process for nomination by interested Federal departments and agencies, Indian Tribes, stakeholders, and members of the public of existing Federal spending programs for interim certification under this subparagraph. (iii) Use of criteria.--The criteria described in subsection (d) shall apply to the expedited process established under clause (i). (2) Nominations.-- (A) In general.--Not later than 240 days after the date of enactment of this Act, any interested Federal department or agency, Indian Tribe, stakeholder, or member of the public may submit to the President and the Board a nomination of an existing or new Federal spending program for certification as a qualified investment program under this subsection. (B) Effect.--The President may not certify a Federal spending program as a qualified investment program under this subsection unless the Federal spending program is the subject of a nomination submitted under subparagraph (A). (3) Certification.-- (A) In general.--Not later than 300 days after the date of enactment of this Act, for each Federal spending program nominated under paragraph (2), the President, in consultation with the Board, shall-- (i) determine whether the Federal spending program-- (I) achieves compliance with the applicable criteria described in subsection (d); and (II) includes or establishes an environmental justice screening in accordance with subparagraph (B), for the purpose of preventing projects from concentrating pollution and disproportionate health and economic burdens on impacted communities; and (ii) on making a positive determination under each of subclauses (I) and (II) of clause (i)-- (I) approve the nomination of the Federal spending program under paragraph (2); and (II) certify the Federal spending program as a qualified investment program for purposes of this Act. (B) Environmental justice screening.--An environmental justice screening under subparagraph (A)(i)(II) shall include an evaluation, over the lifecycle of the applicable Federal spending program, of-- (i) lifecycle greenhouse gas emissions under the Federal spending program, including direct, indirect, and supply chain emissions, taking into consideration materials and operations; (ii) the cumulative toxic pollution emitted under the Federal spending program; (iii) resource depletion caused by the Federal spending program; (iv) the biodiversity and climate change impacts of the Federal spending program; and (v) the lifecycle social and cultural impacts of the Federal spending program. (C) Publication.--Each determination of the President under subparagraph (A) relating to a Federal spending program shall be published in the Federal Register, together with the rationale of the President and the Board for approving or disapproving the nomination of the Federal spending program. (4) Distribution of funding.--The President shall distribute to implementing entities the amounts made available to carry out this section, on an equitable basis pursuant to paragraph (5)-- (A) as soon as practicable for each qualified investment program for which an interim certification is provided under the expedited process under paragraph (1)(B); and (B) by not later than 1 year after the date of enactment of this Act for each qualified investment program certified under paragraph (3). (5) Equitable allocation of funds.--In distributing amounts under paragraph (4), the President, in consultation with the Board, shall collaborate with the head of each administering agency to ensure that-- (A) of the total amount of public support provided under this Act for qualified investment programs under the jurisdiction of the administering agency, not less than 50 percent shall be invested in impacted communities in a meaningful and measurable manner, subject to the condition that the public support shall be distributed-- (i) proportionately, and with priority given to communities that have been disenfranchised from generational wealth-- (I) to repair past harm; and (II) to advance equity; and (ii) based on a mandatory equity assessment-- (I) to identify potential disproportionate impacts; and (II) to support more equitable outcomes of-- (aa) investments; and (bb) programs, plans, regulations, and operational decisions; (B) the public support provided to the administering agency under this Act shall be equitably distributed across all States, based on population size and poverty level, subject to the condition that the shares of funding for each of the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, and any other territory or possession of the United States shall be-- (i) not less than proportional to the population of that jurisdiction; and (ii) responsive to the unique and specific challenges faced by the residents of those jurisdictions; and (C) Tribal, State, and local units of government shall be adequately funded to develop, administer, service, support, and monitor qualified investment programs, as applicable, to ensure that no unfunded mandate is imposed on those governments. (d) Criteria.-- (1) Establishment.--The President shall establish such criteria as the President determines to be appropriate, in accordance with paragraphs (2) through (4) and taking into consideration the proposed criteria developed by the Board under section 4(c)(1), for-- (A) the precertification of existing Federal spending programs under subsection (c)(1)(A)(ii); and (B) the certification of new Federal spending programs and existing Federal spending programs that receive precertification under subsection (c)(1)(A)(ii) as qualified investment programs under subsection (c)(3), if the Federal spending programs-- (i) are consistent with the policy goals described in section 2(b); and (ii) achieve compliance with, as applicable-- (I) the investment requirements described in paragraph (2); (II) the high-road labor, equity, and environmental conditions described in paragraph (3); and (III) the prohibitions described in paragraph (4). (2) Investment requirements.--To be eligible for certification as a qualified investment program under subsection (c), a Federal spending program shall invest in 1 or more of the following: (A) Infrastructure.--Upgrades to inadequate infrastructure and infrastructure operations to expand access to-- (i) pollution-free, renewable, and affordable energy, including wind and solar energy; (ii) transportation; (iii) high-speed broadband internet; or (iv) drinking water and wastewater, particularly for public systems. (B) Social infrastructure.--Support of care workers and social infrastructure, by-- (i) rebuilding vital public services; (ii) strengthening social infrastructure to address, mitigate, and adapt to crises; or (iii) expanding the low-carbon public health care infrastructure of the United States, including through investment in-- (I) hospitals; (II) public or Tribal schools; (III) child care; (IV) home care or elder care; (V) mental health care; (VI) care workers; (VII) expanding access to quality, secure, affordable health care and homes; or (VIII) increasing jobs, employment protection, wages, and benefits for historically underpaid, unpaid, and undervalued care workers. (C) Housing.--Expanded access to housing, without displacing existing residents or community-serving entities, by-- (i) investing in housing by modernizing and retrofitting homes, schools, offices, industrial buildings, and apartment buildings, including tenant-owned and community-owned properties-- (I) to decrease pollution; and (II) to maintain affordability by decreasing costs to low-income communities and Indigenous communities; (ii) ensuring an increase in accessible units for individuals with disabilities and chronic illnesses; or (iii) mitigating and adapting to extreme weather impacts. (D) Ecosystems.--Supporting ecosystems, by-- (i) protecting and restoring biodiversity or natural habitat, including wetlands, forests, prairies, deserts, aquifers, groundwater, public land, and Indian land; (ii) remediating pollution in impacted communities, including-- (I) Superfund sites on the National Priorities List developed by the President in accordance with section 105(a)(8)(B) of that Act (42 U.S.C. 9605(a)(8)(B)); (II) brownfield sites (as defined in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601)); and (III) abandoned fossil fuel infrastructure; or (iii) ensuring sustainable resource use. (E) Agriculture.--Supporting agriculture, by-- (i) creating opportunities for family, Indigenous, and Black farmers and ranchers, rural communities, and urban agriculture, including by disentangling the hyperconsolidated food supply chain; (ii) supporting agroecology; (iii) supporting regenerative agriculture; or (iv) investing in local and regional food systems that support farmers, agricultural workers, healthy soil, and climate resilience. (F) Industry.--Developing and transforming the industrial base of the United States, while creating high-skill, high-wage manufacturing jobs and nonextractive, nature-based jobs and opportunities for locally and Tribally owned businesses throughout the United States, including by-- (i) expanding manufacturing of clean technologies; (ii) reducing industrial pollution; and (iii) prioritizing domestic production for an investment described in clause (i) or (ii). (3) High-road labor, equity, and environmental conditions.-- (A) Conditions.--To be eligible for certification as a qualified investment program under subsection (c), a Federal spending program shall achieve compliance with, as applicable, the following high-road labor, equity, and environmental conditions: (i) Empowering workers against inequality.--Increase the power of workers to oppose inequality by-- (I) ensuring that no investment made under the Federal spending program degrades the quality of jobs or obstructs the right of workers-- (aa) to form or join a labor organization; (bb) to bargain collectively over terms and conditions of employment; or (cc) to engage in other concerted activities for mutual aid or protection; (II) creating quality jobs that provide-- (aa) family-sustaining job benefits and wages equal to not less than the greater of-- (AA) $15 per hour; and (BB) the prevailing wage for jobs of a similar nature; (bb) the right of workers to form or join a labor organization and engage in collective bargaining, free of harassment and intimidation; (cc) child care support; (dd) not fewer than 84 days per calendar year of paid family leave; (ee) not fewer than 14 days per calendar year of paid sick leave; (ff) not fewer than 14 days per calendar year of paid vacation; (gg) robust worker safety standards; and (hh) the right of workers to not be disciplined or discharged except for just cause; (III) including all affected care workers and agricultural workers in worker protections and investments under the Federal spending program; (IV) advancing principles and policies that ensure or support-- (aa) more effective and timely remedies in cases in which employers interfere with the rights of workers; (bb) expanded freedom for workers to organize without employer interference; (cc) requiring employers to submit to interest arbitration for purposes of establishing an initial collective bargaining agreement following the initial certification or recognition of a collective bargaining representative in any case in which, after a reasonable period, collective bargaining fails to produce an initial collective bargaining agreement; (dd) allowing collective bargaining agreements covering private-sector workers to include agency shop agreements, subject to the condition that those agreements shall be valid and enforceable, notwithstanding-- (AA) section 14(b) of the National Labor Relations Act (29 U.S.C. 164(b)); or (BB) any applicable State or territorial law; (ee) protecting strikes and other concerted worker activities, including by prohibiting permanent replacement of striking workers; and (ff) expansion of organizing and bargaining rights for workers; (V) with respect to the engagement of employers by the Federal spending program-- (aa) avoiding the use of any employer that-- (AA) misclassifies employees as independent contractors; or (BB) seeks to use a corporate structure to hinder collective bargaining on a companywide, regional, or national basis; and (bb) giving preference to the use of any employer that recognizes, and agrees to collectively bargain with, any labor organization that obtains written authorization from a majority of employees in any appropriate bargaining unit stating that the employees wish to be represented by the labor organization; (VI) using project labor agreements or community workforce agreements, where appropriate; (VII) supporting domestic job creation by applying and fortifying domestic content standards, such as the standards under chapter 83 of title 41, United States Code (formerly known as the ``Buy American Act''), including among contractors and subcontractors of a primary employer; (VIII) creating pathways of opportunity, particularly for priority groups described in subparagraph (B), including by supporting-- (aa) community benefits agreements; (bb) local hire standards; (cc) high-road training partnerships; and (dd) access to registered apprenticeship and preapprenticeship programs in communities of all sizes across the United States; and (IX) where appropriate, using the rescission of a contract under the Federal spending program as an enforcement mechanism in any case in which an employer engaged by the Federal spending program has violated-- (aa) a provision of an applicable contract; or (bb) a Federal labor or employment law (including regulations). (ii) Historically underserved and impacted communities.--Invest in historically underserved communities and impacted communities, to increase the power of those communities and counteract racial, ethnic, gender, and other social and economic injustices by-- (I) ensuring no investment made under the Federal spending program-- (aa) damages such a community; or (bb) reduces the ability of residents, businesses, and institutions of the community to live and operate with equity and dignity; (II) ensuring that those communities have-- (aa) the ability to democratically plan, implement, and administer projects under the Federal spending program, where applicable, including through partnership with, and oversight by, community residents, scholars, and community-based organizations; and (bb) meaningful involvement in the implementation and governance of proposed activities under the Federal spending program; (III) including a mandatory equity assessment to identify potential disproportionate impacts and support more-equitable outcomes of investments, programs, plans, regulations, and operational decisions; (IV) addressing historic discriminatory practices in hiring, investment, and procurement by prioritizing local and equitable hiring and contracting that creates opportunities for priority groups described in subparagraph (B), including a requirement to hire and contract with members of those priority groups at a rate that is not less than twice the average rate reflected in the industry standard of that hiring; (V) including specific fair hire provisions, including those similar to ``Ban the Box'' provisions, that support traditionally marginalized workers; (VI) increasing equitable public education opportunities by including career and technical education pathways that prepare youth (especially youth who are members of historically marginalized communities or impacted communities) for high-quality jobs, including access to quality workforce training and registered apprenticeships; (VII)(aa) ensuring that any investment made under the Federal spending program to upgrade a building does not displace any existing resident or community-serving entity occupying the building; and (bb) investing in the creation of new low- or zero-emission public housing and affordable housing, including through community land trusts; (VIII) centering and uplifting historically underserved communities, impacted communities, and workers located in rural areas, including by developing provisions-- (aa) to improve the status of impacted agricultural producers and workers; and (bb) for Federal spending programs carried out by the Department of Agriculture, to end the systematic mistreatment of those producers and workers by the Department; (IX) directing funds to support, create, and provide debt relief, where appropriate, to community-owned and operated organizations, including-- (aa) electric cooperatives; (bb) worker-owned cooperatives engaging in sustainability initiatives; (cc) community land trusts; and (dd) publicly owned or community-owned entities, including-- (AA) not-for-profit public power utilities; (BB) not-for-profit public water utilities; and (CC) tribally owned or operated utilities; and (X) directing funds to support and diversify local economies and create opportunities for entrepreneurship. (iii) Indian tribes and indigenous communities.--Heal and reinforce the nation-to- nation relationship between the United States and Indian Tribes by-- (I) carrying out the responsibilities of the administering agency described in section 6(b); (II) preserving and protecting sacred and cultural sites of significance to Indian Tribes and Indigenous communities in carrying out the Federal spending program; (III) providing significantly expanded funding to Indian Tribes and Indigenous communities for recovery and relief with respect to establishing sustainable economies and jobs based on the principle known as ``Indigenous Just Transition''; (IV) prioritizing investments in Tribal and local community-based projects that contribute to-- (aa) improved infrastructure, health care, clean water, and sanitation; (bb) food sovereignty and agroecological farming; (cc) housing, with significantly expanded investments in local and community-based housing; and (dd) renewable energy; (V) providing equitable funding for environmental and ecosystems management, clean-up, and remediation of contaminated and hazardous sites on and near Indian land, including Federal and State land located near Indian land or Indigenous communities; (VI) addressing Tribal housing needs by-- (aa) significantly expanding funding to meet housing and community development needs on Indian land, including needs relating to health, water, and sanitation; (bb) advancing the goals of the Native American Housing Assistance and Self- Determination Act of 1996 (25 U.S.C. 4101 et seq.); and (cc) allowing for innovative and alternative community-based housing programs based on traditional Indigenous design, the use of local natural materials, and localized training and employment; and (VII) adequately and equitably addressing violence against Indigenous women, Indigenous trans women and femmes, and Indigenous children, in a manner that is inclusive of the inherent authority of Indian Tribes with respect to that violence. (iv) Environmental justice.--Combat environmental injustice and ensure healthy lives for all individuals by-- (I) promoting and including meaningful involvement by impacted communities, particularly the most vulnerable environmental justice communities, in the implementation and governance of proposed programs and expenditures in a manner that aligns and is consistent with the principles entitled ``Jemez Principles for Democratic Organizing'' and dated December 1996; (II) holding polluting corporations accountable by establishing penalties and liabilities for historic, persistent, and concentrated pollution in environmental justice communities in a manner that ensures that the costs of those penalties and liabilities are not passed through to ratepayers, consumers, or workers; (III) prioritizing investment in remediation of polluted sites located in environmental justice communities, including-- (aa) Superfund sites on the National Priorities List developed by the President in accordance with section 105(a)(8)(B) of that Act (42 U.S.C. 9605(a)(8)(B)); (bb) brownfield sites (as defined in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601)); (cc) abandoned mines and factories; and (dd) retired fossil fuel, defense, and nuclear energy sites; (IV) reducing toxic pollution at the source and fortifying the regulation and accounting of the cumulative health impacts of toxic pollution; (V) developing provisions to increase equitable access to public health resources in historically underserved communities (including rural communities) and impacted communities; and (VI) recognizing the disproportionate burden of health impacts in historically underserved communities (including rural communities) and impacted communities and the historic disinvestment in public health resources, including public hospitals, mental health services, care worker services, and other facilities and services in those communities. (v) Climate and environment.--Avert additional climate and environmental catastrophe by-- (I) ensuring that the Federal spending program supports the emissions reductions necessary-- (aa) to maintain an increase in global temperature due to global warming of less than 1.5 degrees Celsius; and (bb) to achieve the targets described in subsection (b); (II) ensuring that the Federal spending program will not expand-- (aa) the extraction, processing, or use of fossil fuels or uranium at any level of the supply chain; (bb) the use of emissions offsets; (cc) geoengineering; or (dd) the use of any other energy source that would not pass the environmental justice screening described in subsection (c)(3)(B); (III) investing in-- (aa) the protection of ecosystems and biodiversity; and (bb) the sustainable use of natural resources; (IV) requiring the use of climate- resilient designs for infrastructure and low-emissions operations, as applicable; (V) requiring that materials shall be produced with high standards for environmental sustainability, including-- (aa) technologically feasible limits on embodied greenhouse gas emissions; (bb) restrictions on toxic pollution; and (cc) requirements for sustainable resource use and the protection of ecosystems and biodiversity; (VI) requiring that materials and appliances meet high environmental performance standards, including standards relating to energy efficiency and climate resilience; (VII) ensuring that environmental standards apply across the international supply chain; and (VIII) supporting public and community-based services and actions for increased mitigation of, and adaptation to, the impacts of climate change, particularly in communities vulnerable to climate impacts, including flooding, storms, fires, sea- level rise, extreme heat or cold, and other impacts. (vi) Fairness during economic transition.-- Ensure fairness for workers and communities affected by economic transitions by directing funding and support-- (I) to displaced workers, including by providing-- (aa) wage and benefit replacement for a period of not less than 5 years; (bb) housing assistance; (cc) fully funded pensions; (dd) support for crisis, trauma, and early retirement; (ee) skills training; (ff) education; and (gg) equitable job placement; (II) to cover local budget shortfalls due to the closure of facilities or a decline in economic activity; (III) to economic development and diversification in communities affected by economic transitions, including to address historic injustices, as determined by community- and worker-led planning processes; (IV) to ensure adequate physical and social infrastructure and services in economically transitioning communities, including-- (aa) public health services; (bb) social services; (cc) child care and dependent adult care; and (dd) broadband internet investment; and (V) to the reorganization, conversion, reclamation, and remediation of closed and abandoned facilities and sites. (vii) Public institutions.--Reinvest in public institutions that enable all communities and workers to thrive by-- (I) preventing privatization of-- (aa) any public land, water, or natural resource; or (bb) existing public sector jobs; (II) prioritizing public educational institutions as centers of innovation and pathways to green collar jobs through investments in vocational and technical education in public schools, trade schools, and community colleges that connect to labor organization apprenticeship and other high-road jobs; (III) directing funding to support and expand public health care systems, public education, and other public services at the State and local levels to address the health, environmental, and socioeconomic impacts of climate crises, especially in impacted communities, including by supporting-- (aa) climate mitigation efforts and resilience; and (bb) access to nature; and (IV) directing funding to institutional reforms that reorganize the process of Federal decisionmaking regarding the allocation of funds to make government investments more coordinated, effective, accountable to impacted communities, and appropriate to respond to the full scale of the major challenges expected to occur during the period of calendar years 2022 through 2032. (viii) THRIVE resolution.--Compliance with, as applicable-- (I) the labor, equity, and environmental provisions described in Senate Resolution 43, 117th Congress, introduced on February 8, 2021; and (II) such additional, specific labor, equity, and environmental conditions as are required to make the resolution described in subclause (I) operable, as determined by the President, based on the advice of the Board under section 4(c)(1)(B). (B) Priority groups.--A priority group referred to in subparagraph (A) is any group comprised of low- income and low-wealth individuals, subject to the condition that highest priority shall be given to a group comprised of low-income and low-wealth individuals who have been excluded from economic opportunities, including individuals who are-- (i) members of impacted communities; (ii) members of any other groups that have historically experienced discrimination on the basis of race, gender, national origin, or ethnicity (including Black, Indigenous, Latinx, Arab, Asian, and Pacific Islander communities); (iii) immigrants to the United States (regardless of immigration status); (iv) formerly incarcerated individuals; (v) women; (vi) LGBTQIAP+ individuals; (vii) individuals with disabilities or chronic illness; (viii) young or elderly; (ix) young adults exiting the foster care system; and (x) unhoused individuals. (4) Prohibitions.--To be eligible for certification as a qualified investment program under subsection (c), a Federal spending program shall not-- (A) exacerbate any racial, Indigenous, gender, or income disparity; (B) privatize any public infrastructure, service, land, water, or natural resource; (C) violate human rights; (D) destroy any ecosystem; (E) decrease labor organization density or membership; (F) in any investment made under the Federal spending program to upgrade a building, displace any resident or community-serving entity occupying the building; or (G) invest or participate in the use of emissions offset or geoengineering programs. (e) Monitoring.-- (1) In general.--The President, in consultation with the Board, shall monitor qualified investment programs that receive public support under this section to ensure that each qualified investment program-- (A) contributes to the policy goals described in section 2(b); and (B) continues to achieve compliance with all applicable high-road labor, equity, and environmental conditions under subsection (d)(3). (2) Revocation.--The President shall revoke any public support provided under this section for a qualified investment program if the President determines that the qualified investment program-- (A) fails to achieve compliance with subparagraph (A) or (B) of paragraph (1); or (B) displaces workers or depresses wages or benefits due to increased costs associated with participating in the public support program under this section. SEC. 6. TRIBAL SOVEREIGNTY. (a) Recognition.--Congress recognizes that-- (1) the authority, obligations, and fiduciary trust responsibilities of United States to provide programs and services to Indians Tribes and individual Indians have been established in-- (A) Acts of Congress; (B) treaties; and (C) jurisprudence; and (2) the United States and Indian Tribes have a unique legal and political relationship. (b) Responsibilities of Administering Agencies.--The head of each administering agency shall, in any relevant agency actions-- (1) establish, by regulation, a special initiative that reflects and supports the relationship between the United States and Indian Tribes described in subsection (a)(2); (2) confirm that each Indian Tribe may exercise full and inherent civil regulatory and adjudicatory authority over all land and resources within the exterior boundaries of the reservation or other land subject to the jurisdiction of the Indian Tribe; (3) establish, by regulation, standards and procedural requirements-- (A) to secure free, prior, and informed consent of Indian Tribes-- (i) to agency actions that affect Indian land, water, livelihoods, and culture (including off-reservation treaty-reserved rights to hunting, fishing, gathering, and protection of, and access to, sacred sites); and (ii) on an ongoing basis, to any measure or other action carried out by the administering agency under this Act; and (B) to include consideration of the tangible and intangible cultural heritage, intellectual property, and traditional Indigenous knowledge of Indian Tribes and Indigenous communities in agency actions and programs; (4) take into consideration the provisions and standards contained in the United Nations Declaration on the Rights of Indigenous Peoples, dated September 13, 2007, without qualification; (5)(A) strengthen and support Tribal sovereignty by ensuring that all treaties and agreements with Indian Tribes and members of Indian Tribes and Indigenous communities are observed and respected in their entirety; and (B) protect and enforce that sovereignty by taking effective measures to extend the fiduciary trust responsibilities of the United States to Indian Tribes to-- (i) environmental, socioeconomic, health, education, and agricultural issues; and (ii) trade issues between and among Indigenous communities, the United States, Canada, and Mexico; and (6) ensure that the standards, processes, and criteria for qualified investment programs of the administering agency, and the allocation of funds under those qualified investment programs, shall incur obligations relating to a mandatory set- aside of investments and funding for Indian Tribes and Indigenous communities. SEC. 7. AGENCY ENFORCEMENT; GAO REPORT. (a) Agency Enforcement.--Not later than 2 years after the date on which public support is initially provided to an administering agency under this Act, the head of the administering agency shall promulgate regulations, in consultation with the Board, to ensure that each qualified investment program of the administering agency achieves compliance with applicable high-road labor, equity, and environmental conditions, in accordance with existing authorities, by-- (1) including in any contract with an implementing entity those high-road labor, equity, and environmental conditions; (2) ensuring that public implementing entities receive funding to adequately ensure compliance with applicable implementation, monitoring, compliance, and enforcement requirements in a manner that avoids establishing any unfunded mandate for a Tribal, State, or local government agency; (3) certifying, on an annual basis, that all implementing entities throughout the supply chain that benefit from support under the qualified investment program achieve compliance with all applicable high-road labor, equity, and environmental conditions; (4) issuing a warning and directives for corrective action relating to instances of noncompliance with applicable high- road labor, equity, and environmental conditions; (5) establishing a process for implementing entities to appeal the classification of an action as noncompliant with an applicable high-road labor, equity, or environmental condition; and (6) revoking public support from any implementing entity that fails to rectify an instance of noncompliance with a high- road labor, equity, or environmental condition, as applicable-- (A) for a major instance of noncompliance, by the date that is 60 days after the date of receipt of a warning relating to that instance under paragraph (4); or (B) for a minor instance of noncompliance, by such deadline as the head of the administering agency, in consultation with the Board, may establish. (b) GAO Report.--Not less frequently than once every 3 years, the Comptroller General of the United States shall prepare and publish a report assessing-- (1) the degree of compliance by implementing entities with high-road labor, equity, and environmental conditions; and (2) the relative efficacy of enforcement by administering agencies of those high-road labor, equity, and environmental conditions. <all>

THRIVE Act

A bill to establish a Federal agenda to transform, heal, and renew the United States by investing in a vibrant economy, to provide funds to certain Federal investment programs that meet related labor, equity, and environmental standards, and for other purposes.

THRIVE Act Transform, Heal, and Renew by Investing in a Vibrant Economy Act

Sen. Markey, Edward J.

D

MA

H.R.5768

Crime and Law Enforcement

Violent Incident Clearance and Technological Investigative Methods Act of 2022 or VICTIM Act of 2022 This bill directs the Department of Justice to establish a grant program for state, tribal, or local law enforcement agencies or prosecuting offices (or groups of tribal agencies or offices) to establish, implement, and administer violent incident clearance and technological investigative methods.

To direct the Attorney General to establish a grant program to establish, create, and administer the violent incident clearance and technology investigative method, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Violent Incident Clearance and Technological Investigative Methods Act of 2022'' or ``VICTIM Act of 2022''. SEC. 2. FINDINGS. Congress finds the following: (1) Research indicates that law enforcement agencies can increase clearance rates by improving-- (A) investigative processes; (B) detective capacities; and (C) organizational oversight and supervision of investigations. (2) When a law enforcement agency expends additional investigative effort, the law enforcement agency improves its success in gaining cooperation of key witnesses and increases the amount of forensic evidence collected. (3) Effective investigation of shootings can prevent subsequent related violence by-- (A) deterring retaliation; and (B) providing interventions to individuals who may continue to commit crimes or become victims of retaliatory violence. (4) Law enforcement agencies that demonstrate higher rates of clearance for violent crimes committed against a person-- (A) have more structured oversight and formal interactions between investigative units and agency leadership; (B) are more likely to have investigative units that have collaborative relationships and robust information sharing with other units of the law enforcement agency; (C) have investigative units that have specific goals and performance metrics for both the unit and for investigators within the unit; (D) have investigators who more frequently respond to the initial crime scene shortly after crimes have been reported to collect evidence and interview witnesses; (E) have investigators who either have specialized experience before joining investigative units or are trained in investigations once they join those units; (F) often have standard operating procedures for investigations that establish policies and evidence- based best practices for conducting and completing homicide investigations; and (G) have better relationships with the communities they serve, even if no specific community-oriented campaign or initiative exists between investigative units and community groups. (5) Criminal justice agencies should collaborate with each other and share best practices for solving violent crimes committed against a person. (6) A comprehensive community engagement strategy concerning gun violence is essential to improving clearance rates for violent crimes committed against a person. SEC. 3. GRANT PROGRAM WITH RESPECT TO VIOLENT INCIDENT CLEARANCE AND TECHNOLOGICAL INVESTIGATIVE METHODS. (a) Definitions.--In this section: (1) Clearance by arrest.--The term ``clearance by arrest'', with respect to an offense reported to a law enforcement agency, means the law enforcement agency-- (A) has-- (i) arrested not less than 1 person for the offense; (ii) charged the person described in subparagraph (A) with the commission of the offense; and (iii) referred the person described in subparagraph (A) for prosecution for the offense; or (B) has cited an individual under the age of 18 to appear in juvenile court or before another juvenile authority with respect to the offense, regardless of whether a physical arrest occurred. (2) Clearance by exception.--The term ``clearance by exception'', with respect to an offense reported to a law enforcement agency, means the law enforcement agency-- (A) has identified not less than 1 person suspected of the offense; and (B) with respect to the suspect described in subparagraph (A), has-- (i) gathered enough evidence to-- (I) support an arrest of the suspect; (II) make a charge against the suspect; and (III) refer the suspect for prosecution; (ii) identified the exact location of the suspect so that the suspect could be taken into custody immediately; and (iii) encountered a circumstance outside the control of the law enforcement agency that prohibits the agency from arresting the suspect, charging the suspect, or referring the suspect for prosecution, including-- (I) the death of the suspect; (II) the refusal of the victim to cooperate with the prosecution after the suspect has been identified; or (III) the denial of extradition because the suspect committed an offense in another jurisdiction and is being prosecuted for that offense. (3) Clearance rate.--The term ``clearance rate'', with respect to a law enforcement agency, means-- (A) the number of offenses cleared by the law enforcement agency, including through clearance by arrest and clearance by exception, divided by (B) the total number of offenses reported to the law enforcement agency. (4) Eligible entity.--The term ``eligible entity'' means a State, Tribal, or local law enforcement agency or prosecuting office, or a group of Tribal law enforcement agencies or Tribal prosecuting offices. (5) Grant recipient.--The term ``grant recipient'' means a recipient of a grant under the Program. (6) Law enforcement agency.--The term ``law enforcement agency'' means a public agency charged with policing functions, including any component bureau of the agency (such as a governmental victim services program or village public safety officer program), including an agency composed of officers or persons referred to in subparagraph (B) or (C) of section 2(10) of the Indian Law Enforcement Reform Act (25 U.S.C. 2801(10)). (7) Program.--The term ``Program'' means the grant program established under subsection (b)(1). (b) Grant Program.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, the Attorney General shall establish a grant program within the Office of Justice Programs under which the Attorney General awards grants to eligible entities to establish, implement, and administer violent incident clearance and technological investigative methods. (2) Applications.--An eligible entity seeking a grant under the Program shall submit to the Attorney General an application at such time, in such manner, and containing or accompanied by-- (A) such information as the Attorney General may reasonably require; and (B) a description of each eligible project under paragraph (4) that the grant will fund. (3) Selection of grant recipients.--The Attorney General, in selecting a recipient of a grant under the Program, shall consider the specific plan and activities proposed by the applicant to improve clearance rates for homicides, rapes, sexual assaults, kidnappings, and non-fatal shootings. (4) Eligible projects.--A grant recipient shall use the grant for activities with the specific objective of improving clearance rates for homicides, rapes, sexual assaults, kidnappings, and non-fatal shootings, including-- (A) ensuring the retention of detectives who are assigned to investigate homicides, rapes, sexual assaults, kidnappings, and non-fatal shootings as of the date of receipt of the grant; (B) hiring and training additional detectives who will be dedicated to investigating homicides, rapes, sexual assaults, kidnappings, and non-fatal shootings; (C) developing policies, procedures, and training to improve the ability of detectives to effectively investigate and solve homicides, rapes, sexual assaults, kidnappings, and non-fatal shootings, including implementing best practices relating to-- (i) improving internal agency cooperation, organizational oversight and accountability, and supervision of investigations; (ii) developing specific goals and performance metrics for both investigators and investigative units; (iii) establishing or improving relationships with the communities the agency serves; and (iv) collaboration with and among other law enforcement agencies and criminal justice organizations; (D) training personnel to address the needs of victims and family members of victims of homicides, rapes, sexual assaults, kidnappings, or non-fatal shootings or collaborating with trained victim advocates and specialists to better meet victims' needs; (E) acquiring, upgrading, or replacing investigative, evidence processing, or forensic testing technology or equipment; (F) development and implementation of policies that safeguard civil rights and civil liberties during the collection, processing, and forensic testing of evidence; (G) hiring or training personnel for collection, processing, and forensic testing of evidence; (H) hiring and training of personnel to analyze violent crime and the temporal and geographic trends among homicides, rapes, sexual assaults, kidnappings, and nonfatal shootings; (I) retaining experts to conduct a detailed analysis of homicides and shootings using Gun Violence Problem Analysis (commonly known as ``GVPA'') or a similar research methodology; (J) ensuring victims have appropriate access to emergency food, housing, clothing, travel, and transportation; (K) developing competitive and evidence-based programs to improve homicide and non-fatal shooting clearance rates; (L) developing best practices for improving access to and acceptance of victim services, including victim services that promote medical and psychological wellness, ongoing counseling, legal advice, and financial compensation; (M) training investigators and detectives in trauma-informed interview techniques; (N) establishing programs to support officers who experience stress or trauma as a result of responding to or investigating shootings or other violent crime incidents; or (O) ensuring language and disability access supports are provided to victims, survivors, and their families so that victims can exercise their rights and participate in the criminal justice process. (c) Federal Share.-- (1) In general.--The Federal share of the cost of a project assisted with a grant under the Program shall not exceed-- (A) 100 percent if the grant is awarded on or before December 31, 2032; or (B) subject to paragraph (2), 50 percent if the grant is awarded after December 31, 2032. (2) Waiver.--With respect to a grant awarded under the Program after December 31, 2032, the Attorney General may determine that the Federal share of the cost of a project assisted with the grant shall not exceed 100 percent. (d) Report by Grant Recipient.--Not later than 1 year after receiving a grant under the Program, and each year thereafter, a grant recipient shall submit to the Attorney General a report on the activities carried out using the grant, including, if applicable-- (1) the number of homicide and non-fatal shooting detectives hired by the grant recipient; (2) the number of evidence processing personnel hired by the grant recipient; (3) a description of any training that is-- (A) provided to existing (as of the date on which the grant was awarded) or newly hired homicide and non- fatal shooting detectives; and (B) designed to assist in the solving of crimes and improve clearance rates; (4) any new evidence processing technology or equipment purchased or any upgrades made to existing (as of the date on which the grant was awarded) evidence technology or equipment, and the associated cost; (5) any assessments of evidence processing technology or equipment purchased with grant funds to determine whether such technology or equipment satisfies the objectives of the use of the technology or equipment in increasing clearance rates, and any policies in place to govern the use of the technology or equipment; (6) the internal policies and oversight used to ensure that any technology purchased through the grant for the purposes of improving clearance rates does not violate the civil rights and civil liberties of individuals; (7) data regarding clearance rates for homicides, rapes, other aggravated felonies, and non-fatal shootings, including the rate of clearances by arrest and clearances by exception, and crime trends from within each jurisdiction in which the grant recipient carried out activities supported by the grant; (8) whether the grant recipient has provided grant funds to any victim services organizations, and if so, which organizations; (9) the demographic information for victims of homicides, rapes, other aggravated felonies, and non-fatal shootings, and the length and outcomes of each investigation, including whether the investigation was cleared by arrest or exception; (10) the demographic information for each victim or family member of a victim who received victim-related services provided by the grant recipient; and (11) identification of the services most used by victims and their families and identification of additional services needed. (e) National Institute of Justice Evaluation and Report to Congress.-- (1) Evaluation.--Not later than 2 years after the date of enactment of this Act, and every 2 years thereafter, the Director of the National Institute of Justice shall conduct an evaluation of-- (A) the practices deployed by grant recipients to identify policies and procedures that have successfully improved clearance rates for homicides, rapes, sexual assaults, kidnappings, and non-fatal shootings; and (B) the efficacy of any services provided to victims and family members of victims of homicides, rapes, sexual assaults, kidnappings, and non-fatal shootings. (2) Report to congress.--Not later than 30 days after completion of an evaluation by the National Institute of Justice under paragraph (1), the Attorney General shall submit to Congress a report including-- (A) the results of the evaluation; and (B) information reported by each grant recipient under subsection (d). (f) Authorization of Appropriations.-- (1) In general.--There are authorized to be appropriated to carry out this section $100,000,000 for each of fiscal years 2023 through 2032. (2) Percent for certain eligible entities.--The Attorney General shall use 10 percent of the amount made available under paragraph (1) for a fiscal year to award grants under the Program to Tribal law enforcement agencies or prosecuting offices, or groups of such agencies or offices. Passed the House of Representatives September 22, 2022. Attest: CHERYL L. JOHNSON, Clerk. By Kevin F. McCumber, Deputy Clerk.

VICTIM Act of 2022

To direct the Attorney General to establish a grant program to establish, implement, and administer the violent incident clearance and technology investigative method, and for other purposes. To direct the Attorney General to establish a grant program to establish, create, and administer the violent incident clearance and technology investigative method, and for other purposes.

VICTIM Act of 2022 Violent Incident Clearance and Technological Investigative Methods Act of 2022 VICTIM Act of 2022 Violent Incident Clearance and Technological Investigative Methods Act of 2022 VICTIM Act of 2021 Violent Incident Clearance and Technological Investigative Methods Act of 2021

Rep. Demings, Val Butler

D

FL

H.R.3668

Environmental Protection

Ensuring Water Investments Benefit Communities Act This bill directs the Environmental Protection Agency to require recipients of assistance for water infrastructure projects under state drinking water state revolving fund (SRF) programs, clean water SRF programs, or the Water Infrastructure Finance and Innovation Act of 2014 to provide certain job training and employment opportunities for low-income persons and very low-income persons.

To require recipients of assistance for certain water infrastructure projects to provide job training, apprenticeships, and other employment opportunities for low-income persons and very low-income persons, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Ensuring Water Investments Benefit Communities Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) Federal water infrastructure investments provide State and local governments and other recipients of Federal financial assistance with substantial support for activities that produce significant employment and other economic opportunities; (2) low-income persons and very low-income persons, who live in the areas in most need of such investments, often have restricted access to employment and other economic opportunities; (3) the employment and other economic opportunities generated by projects and activities that receive Federal water infrastructure investments offer an effective means of empowering low-income persons and very low-income persons, particularly those who live in the areas where these funds are being used to improve water infrastructure; and (4) Federal efforts to invest in water infrastructure should also help create employment and other economic opportunities for low-income persons and very low-income persons in areas where these projects are taking place. SEC. 3. EMPLOYMENT OPPORTUNITIES AT WATER INFRASTRUCTURE PROJECTS. (a) In General.--The Administrator of the Environmental Protection Agency shall require a covered entity, to the greatest extent feasible, and consistent with existing Federal, State, and local laws and regulations, to provide job training, apprenticeships, and other employment opportunities on a covered project for low-income persons and very low-income persons in the area in which the covered project is located, and to business concerns that provide employment opportunities to low-income persons and very low-income persons. (b) Priority.--In carrying out subsection (a), the Administrator shall require a covered entity to provide job training, apprenticeships, and other employment opportunities in the following order of priority: (1) To low-income persons and very low-income persons residing within the service area of the covered project or the neighborhood in which the covered project is located. (2) To low-income persons and very low-income persons residing within the metropolitan area (or nonmetropolitan county) in which the covered assistance is expended. (3) To residents of an area described in paragraph (1) or (2) who are provided any assistance under a means-tested program administered by a Federal agency, including housing, supplemental nutrition, and temporary needy family assistance. (4) To participants in YouthBuild programs under section 171 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3226) or the Job Corps program under subtitle C of title I of such Act (29 U.S.C. 3191 et seq.). (c) State Plans and Reports.--With respect to a covered entity that is a State, the Administrator shall require the State to-- (1) submit to the Administrator for approval a plan for carrying out the requirements of this section; and (2) annually submit to the Administrator a report containing data on job training, apprenticeship, employment, and contract opportunities created in the State pursuant to this section, including, for each covered project carried out by the State or for which covered assistance is provided by the State-- (A) how many jobs and other opportunities were created to comply with this section; (B) the total of amount of covered assistance used on the covered project; and (C) the amount of covered assistance used to hire low-income persons and very low-income persons to comply with this section. (d) Regulations.-- (1) Deadline.--Not later than 180 days after the date of enactment of this Act, the Administrator shall issue regulations to implement this section. (2) Application date.--The regulations issued under paragraph (1) shall apply to covered assistance made available beginning in the first full fiscal year following the date of enactment of this Act. (3) Complaint process.--The Administrator shall include in the regulations issued under paragraph (1) a process by which affected persons or entities may file a complaint alleging a violation of this section. (e) Consultation.--In carrying out this section, the Administrator shall consult with the Secretary of Labor, the Secretary of Health and Human Services, the Secretary of Commerce, the Secretary of Housing and Urban Development, the Secretary of Transportation, the Administrator of the Small Business Administration, and such other Federal agencies as the Administrator determines are necessary. (f) Definitions.--In this section: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Apprenticeship.--The term ``apprenticeship'' means an apprenticeship registered under the Act of August 16, 1937 (commonly known as the ``National Apprenticeship Act''; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.). (3) Business concern that provides economic opportunities.--The term ``business concern that provides economic opportunities'' has the meaning given such term in section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u). (4) Covered assistance.--The term ``covered assistance'' means financial assistance provided under or pursuant to section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j- 12), title VI of the Federal Water Pollution Control Act (33 U.S.C. 1381 et seq.), or the Water Infrastructure Finance and Innovation Act of 2014 (33 U.S.C. 3901 et seq.). (5) Covered entity.--The term ``covered entity'' means-- (A) an entity that receives covered assistance; and (B) a contractor or subcontractor of such entity with respect to a covered project. (6) Covered project.--The term ``covered project'' means a project for which an entity receives covered assistance. (7) Low-income person; very low-income person.--The terms ``low-income person'' and ``very low-income person'' have the same meanings given the terms ``low-income families'' and ``very low-income families'', respectively, in section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)). <all>

Ensuring Water Investments Benefit Communities Act

To require recipients of assistance for certain water infrastructure projects to provide job training, apprenticeships, and other employment opportunities for low-income persons and very low-income persons, and for other purposes.

Ensuring Water Investments Benefit Communities Act

Rep. Moore, Gwen

D

WI

H.R.1187

Finance and Financial Sector

Corporate Governance Improvement and Investor Protection Act This bill requires publicly traded companies to periodically disclose information related to The bill also establishes the Sustainable Finance Advisory Committee that must, among other duties, recommend to the Securities and Exchange Commission (SEC) policies to facilitate the flow of capital toward environmentally sustainable investments. The SEC must report on the viability and occurrence of shareholder collective action, particularly regarding employment, environmental, social, and governance issues. The SEC must also report on compliance issues small businesses face with respect to disclosure requirements related to environmental, social, and governance performance metrics.

To provide for disclosure of additional material information about public companies and establish a Sustainable Finance Advisory Committee, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Corporate Governance Improvement and Investor Protection Act''. TITLE I--ESG DISCLOSURE SIMPLIFICATION SEC. 101. SHORT TITLE. This title may be cited as the ``ESG Disclosure Simplification Act of 2021''. SEC. 102. FINDINGS. Congress finds the following: (1) The Securities and Exchange Commission has broad authority to require the disclosure of information if such information is in the interest of, or is material to investors. (2) The Commission does not require companies to disclose information related to environmental, social, and governance (``ESG'') matters, and does not require companies to adhere to standards for disclosing such information. (3) Investors have reported that voluntary disclosures of ESG metrics are inadequate. (4) A rule requiring reporting and standardization of ESG disclosures is in the interest of investors. (5) ESG matters are material to investors, and the Commission must establish standards for disclosure of such matters. SEC. 103. ESG DISCLOSURES. (a) In General.--Section 14 of the Securities Exchange Act of 1934 (15 U.S.C. 78n) is amended by adding at the end the following: ``(k) ESG Disclosures.-- ``(1) In general.--Each issuer the securities of which are registered under section 12 or that is required to file annual reports under section 15(d) shall disclose in any proxy or consent solicitation material for an annual meeting of the shareholders-- ``(A) a clear description of the views of the issuer about the link between ESG metrics and the long- term business strategy of the issuer; and ``(B) a description of any process the issuer uses to determine the impact of ESG metrics on the long-term business strategy of the issuer. ``(2) ESG metrics defined.--In this subsection, the term `ESG metrics' has the meaning given the term in part 210 of title 17, Code of Federal Regulations as amended pursuant to section 3(b) of the ESG Disclosure Simplification Act of 2021.''. (b) Rulemaking.-- (1) In general.--The Securities and Exchange Commission (in this Act referred to as the ``Commission'') shall amend part 210 of title 17, Code of Federal Regulations (or any successor thereto) to-- (A) require each issuer, in any filing of the issuer described in such part that requires audited financial statements, to disclose environmental, social, and governance metrics (in this title referred to as ESG metrics); and (B) define ESG metrics. (2) Sustainable finance advisory committee.--The Sustainable Finance Advisory Committee established pursuant to section 4(k) of the Securities and Exchange Act of 1934 shall, not later than 180 days after the date of the first meeting of such Committee, submit to the Commission recommendations about what ESG metrics the Commission should require issuers to disclose. (3) Materiality.--It is the sense of Congress that ESG metrics, as such term is defined by the Commission pursuant to paragraph (1), are de facto material for the purposes of disclosures under the Securities Exchange Act of 1934 and the Securities Act of 1933. (4) Incorporation of international standards.--When amending part 210 of title 17, Code of Federal Regulations (or any successor thereto) pursuant to paragraph (1), the Commission may, as the Commission determines appropriate, incorporate any internationally recognized, independent, multi- stakeholder environmental, social, and governance disclosure standards. (5) Location of disclosure.--Any disclosure required by paragraph (1) may be included in a notes section of the filing. (6) Delay for small issuers.--The Commission may use a phased approach when applying any amendments made pursuant to paragraph (1) to small issuers and may determine the criteria by which an issuer qualifies as a small issuer for purposes of such phased approach. SEC. 104. SUSTAINABLE FINANCE ADVISORY COMMITTEE. Section 4 of the Securities Exchange Act of 1934 (15 U.S.C. 78d) is amended by adding at the end the following: ``(k) Sustainable Finance Advisory Committee.-- ``(1) Establishment.--The Commission shall establish a permanent advisory committee to be called the `Sustainable Finance Advisory Committee' (in this subsection referred to as the `Committee'). ``(2) Duties of committee.--The Committee shall-- ``(A) submit a report to the Commission not later than 18 months after the date of the first meeting of the Committee that-- ``(i) identifies the challenges and opportunities for investors associated with sustainable finance; and ``(ii) recommends policy changes to facilitate the flow of capital towards sustainable investments, in particular environmentally sustainable investments; ``(B) when solicited, advise the Commission on sustainable finance; and ``(C) communicate with individuals and entities with an interest in sustainable finance. ``(3) Membership.-- ``(A) Members.-- ``(i) In general.--The Committee shall consist of no more than 20 members who shall each serve for one four-year term. ``(ii) Representation.--Each member shall represent individuals and entities with an interest in sustainable finance, such as-- ``(I) experts on sustainable finance; ``(II) operators of financial infrastructure; ``(III) entities that provide analysis, data, or methodologies that facilitate sustainable finance; ``(IV) insurance companies, pension funds, asset managers, depository institutions, or credit unions; or ``(V) other financial institutions that intermediate investments in sustainable finance or manage risks related to sustainable development. ``(iii) Representation of interests.--A member may not represent a single individual or entity and shall represent types of individuals and entities with similar interests in sustainable finance. ``(B) Selection.-- ``(i) In general.--The Commission shall-- ``(I) publish criteria for selection of members on the website of the Commission and in the Federal Register; and ``(II) solicit applications for membership on the website of the Commission and in the Federal Register. ``(ii) Equal share.--From the individuals who submit applications for membership, each Commissioner of the Commission shall select an equal number of the members of the Committee. ``(C) Pay.--Members may not receive pay by reason of their service on the Committee but may receive travel or transportation expenses in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. ``(D) Member transparency.--The name of each member and the types of individuals and entities that such member represents shall be published on the website of the Commission. ``(E) Staff.--The Committee shall be supported by staff from the Office of the Investor Advocate of the Commission that are dedicated to environmental, social and governance (in this subsection referred to as `ESG') issues. ``(F) Authorization of appropriation.--There are authorized to be appropriated such sums as are necessary to finance costs associated with staff dedicated to ESG issues in the Office of the Investor Advocate of the Commission. ``(4) Sustainable finance.--For the purposes of this subsection, the term `sustainable finance' means the provision of finance with respect to investments taking into account environmental, social, and governance considerations. ``(5) SEC response.--The Commission shall, not later than 6 months after the date on which the Committee submits a report to the Commission pursuant to paragraph (2)(A), publish a response to such report.''. SEC. 105. STUDY ON SHAREHOLDER COLLECTIVE ACTION. Not later than 1 year after the date of the enactment of this Act, the Securities and Exchange Commission shall-- (1) conduct a study on-- (A) the emergence, viability, and significance of coalitions of shareholders who wish to preserve and promote critical employment and ESG standards; (B) whether and to what extent shareholder collective action-- (i) occurs; and (ii) has implications with respect to filing requirements under the Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.); and (C) any possible anticompetitive activities associated with shareholder collective action; and (2) submit to Congress a report that includes-- (A) the findings of the study conducted under paragraph (1); (B) guidance, which may include an approved list, of shareholder engagement activities that are not considered to involve questions of corporate control; and (C) recommendations on regulatory safe harbors for engagement with respect to sustainability guardrails and similar restrictions on portfolio company conduct with a goal of-- (i) preserving economic justice, environmental systems, and social institutions; and (ii) otherwise protecting the common interests of corporate shareholders and stakeholders. TITLE II--SHAREHOLDER POLITICAL TRANSPARENCY SEC. 201. SHORT TITLE. This title may be cited as the ``Shareholder Political Transparency Act of 2021''. SEC. 202. FINDINGS. Congress finds that-- (1) corporations make significant political contributions and expenditures that directly or indirectly influence the election of candidates and support or oppose political causes; (2) decisions to use corporate funds for political contributions and expenditures are usually made by corporate boards and executives, rather than shareholders; (3) corporations, acting through boards and executives, are obligated to conduct business for the best interests of their owners, the shareholders; (4) historically, shareholders have not had a way to know, or to influence, the political activities of corporations they own; (5) shareholders and the public have a right to know how corporate managers are spending company funds to make political contributions and expenditures benefitting candidates, political parties, and political causes; and (6) corporations should be accountable to shareholders in making political contributions or expenditures affecting Federal governance and public policy. SEC. 203. REPORTING REQUIREMENTS. Section 13 of the Securities Exchange Act of 1934 (15 U.S.C. 78m) is amended by adding at the end the following: ``(s) Reporting Requirements Relating to Certain Political Expenditures.-- ``(1) Definitions.--In this subsection: ``(A) Expenditure for political activities.--The term `expenditure for political activities'-- ``(i) means-- ``(I) an independent expenditure (as defined in section 301(17) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101(17))); ``(II) an electioneering communication (as defined in section 304(f)(3) of that Act (52 U.S.C. 30104(f)(3))) and any other public communication (as defined in section 301(22) of that Act (52 U.S.C. 30101(22))) that would be an electioneering communication if it were a broadcast, cable, or satellite communication; or ``(III) dues or other payments to trade associations or organizations described in section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of that Code that are, or could reasonably be anticipated to be, used or transferred to another association or organization for the purposes described in subclause (I) or (II); and ``(ii) does not include-- ``(I) direct lobbying efforts through registered lobbyists employed or hired by the issuer; ``(II) communications by an issuer to its shareholders and executive or administrative personnel and their families; or ``(III) the establishment and administration of contributions to a separate segregated fund to be utilized for political purposes by a corporation. ``(B) Issuer.--The term `issuer' does not include an investment company registered under section 8 of the Investment Company Act of 1940 (15 U.S.C. 80a-8). ``(2) Quarterly reports.-- ``(A) Reports required.--Not later than 180 days after the date of enactment of this subsection, the Commission shall amend the reporting rules under this section to require each issuer with a class of equity securities registered under section 12 of this title to submit to the Commission and the shareholders of the issuer a quarterly report containing-- ``(i) a description of any expenditure for political activities made during the preceding quarter; ``(ii) the date of each expenditure for political activities; ``(iii) the amount of each expenditure for political activities; ``(iv) if the expenditure for political activities was made in support of or in opposition to a candidate, the name of the candidate and the office sought by, and the political party affiliation of, the candidate; and ``(v) the name or identity of trade associations or organizations described in section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code which receive dues or other payments as described in paragraph (1)(A)(i)(III). ``(B) Public availability.--The Commission shall ensure that the quarterly reports required under this paragraph are publicly available through the Internet website of the Commission and through the EDGAR system in a manner that is searchable, sortable, and downloadable, consistent with the requirements under section 24. ``(3) Annual reports.--Not later than 180 days after the date of enactment of this subsection, the Commission shall, by rule, require each issuer to include in the annual report of the issuer to shareholders-- ``(A) a summary of each expenditure for political activities made during the preceding year in excess of $10,000, and each expenditure for political activities for a particular election if the total amount of such expenditures for that election is in excess of $10,000; ``(B) a description of the specific nature of any expenditure for political activities the issuer intends to make for the forthcoming fiscal year, to the extent the specific nature is known to the issuer; and ``(C) the total amount of expenditures for political activities intended to be made by the issuer for the forthcoming fiscal year.''. SEC. 204. REPORTS. (a) Securities and Exchange Commission.--The Securities and Exchange Commission shall-- (1) conduct an annual assessment of the compliance of issuers with section 13(s) of the Securities Exchange Act of 1934, as added by section 203; and (2) submit to Congress an annual report containing the results of the assessment under paragraph (1). (b) Government Accountability Office.--The Comptroller General of the United States shall periodically evaluate and report to Congress on the effectiveness of the oversight by the Securities and Exchange Commission of the reporting and disclosure requirements under section 13(s) of the Securities Exchange Act of 1934, as added by section 203. TITLE III--GREATER ACCOUNTABILITY IN PAY SEC. 301. SHORT TITLE. This title may be cited as the ``Greater Accountability in Pay Act of 2021''. SEC. 302. PAY RAISE DISCLOSURES. Section 13 of the Securities Exchange Act of 1934 (15 U.S.C. 78m), as amended by section 203, is further amended by adding at the end the following: ``(t) Pay Raise Disclosures.--An issuer required to file an annual report under this section or section 15(d), that is not an emerging growth company, shall include in such report-- ``(1) the percentage increase in the median of the annual total compensation of all executive officers (as such term is defined in section 240.3b-7 of title 17, Code of Federal Regulations) of the issuer over the last completed fiscal year; ``(2) the percentage increase in the median of the annual total compensation of all employees of the issuer, excluding executive officers, over the last completed fiscal year; ``(3) the ratio of the percentage described in paragraph (1) to the percentage described in paragraph (2); ``(4) a comparison of the percentage described in paragraph (1) to the percentage change over the same period in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor; and ``(5) a comparison of the percentage described in paragraph (2) to the percentage change over the same period in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor.''. TITLE IV--CLIMATE RISK DISCLOSURE SEC. 401. SHORT TITLE. This title may be cited as the ``Climate Risk Disclosure Act of 2021''. SEC. 402. SENSE OF CONGRESS. It is the sense of Congress that-- (1) climate change poses a significant and increasing threat to the growth and stability of the economy of the United States; (2) many sectors of the economy of the United States and many American businesses are exposed to climate-related risk, which may include exposure to-- (A) the physical impacts of climate change, including the rise of the average global temperature, accelerating sea-level rise, desertification, ocean acidification, intensification of storms, increase in heavy precipitation, more frequent and intense temperature extremes, more severe droughts, and longer wildfire seasons; (B) the economic disruptions and security threats that result from the physical impacts described in subparagraph (A) including conflicts over scarce resources, conditions conducive to violent extremism, the spread of infectious diseases, and forced migration; (C) the transition impacts that result as the global economy transitions to a clean and renewable energy, low-emissions economy, including financial impacts as climate change fossil fuel assets becoming stranded and it becomes uneconomic for companies to develop fossil fuel assets as policymakers act to limit the worst impacts of climate change by keeping the rise in average global temperature to 1.5 degrees Celsius above pre-industrial levels; and (D) actions by Federal, State, Tribal, territorial, and local governments to limit the worst effects of climate change by enacting policies that keep the global average surface temperature rise to 1.5 degrees Celsius above pre-industrial levels; (3) assessing the potential impact of climate-related risks on national and international financial systems is an urgent concern; (4) companies have a duty to disclose financial risks that climate change presents to their investors, lenders, and insurers; (5) the Securities and Exchange Commission has a duty to promote a risk-informed securities market that is worthy of the trust of the public as families invest for their futures; (6) investors, lenders, and insurers are increasingly demanding climate risk information that is consistent, comparable, reliable, and clear; (7) including standardized, material climate change risk and opportunity disclosure that is useful for decision makers in annual reports to the Commission will increase transparency with respect to risk accumulation and exposure in financial markets; (8) requiring companies to disclose climate-related risk exposure and risk management strategies will encourage a smoother transition to a clean and renewable energy, low- emissions economy and guide capital allocation to mitigate, and adapt to, the effects of climate change and limit damages associated with climate-related events and disasters; and (9) a critical component in fighting climate change is a transparent accounting of the risks that climate change presents and the implications of continued inaction with respect to climate change. SEC. 403. DISCLOSURES RELATING TO CLIMATE CHANGE. Section 13 of the Securities Exchange Act of 1934 (15 U.S.C. 78m), as amended by section 302, is further amended by adding at the end the following: ``(u) Disclosures Relating to Climate Change.-- ``(1) Definitions.--In this subsection: ``(A) 1.5 degree scenario.--The term `1.5 degree scenario' means a scenario that aligns with greenhouse gas emissions pathways that aim to limit global warming to 1.5 degrees Celsius above pre-industrial levels. ``(B) Appropriate climate principals.--The term `appropriate climate principals' means-- ``(i) the Administrator of the Environmental Protection Agency; ``(ii) the Administrator of the National Oceanic and Atmospheric Administration; ``(iii) the Director of the Office of Management and Budget; ``(iv) the Secretary of the Interior; ``(v) the Secretary of Energy; and ``(vi) the head of any other Federal agency, as determined appropriate by the Commission. ``(C) Baseline scenario.--The term `baseline scenario' means a widely-recognized analysis scenario in which levels of greenhouse gas emissions, as of the date on which the analysis is performed, continue to grow, resulting in an increase in the global average temperature of 1.5 degrees Celsius or more above pre- industrial levels. ``(D) Carbon dioxide equivalent.--The term `carbon dioxide equivalent' means the number of metric tons of carbon dioxide emissions with the same global warming potential as one metric ton of another greenhouse gas, as determined under table A-1 of subpart A of part 98 of title 40, Code of Federal Regulations, as in effect on the date of enactment of this subsection. ``(E) Climate change.--The term `climate change' means a change of climate that is-- ``(i) attributed directly or indirectly to human activity that alters the composition of the global atmosphere; and ``(ii) in addition to natural climate variability observed over comparable time periods. ``(F) Commercial development of fossil fuels.--The term `commercial development of fossil fuels' includes-- ``(i) exploration, extraction, processing, exporting, transporting, refining, and any other significant action with respect to oil, natural gas, coal, or any byproduct thereof or any other solid or liquid hydrocarbons that are commercially produced; and ``(ii) acquiring a license for any activity described in clause (i). ``(G) Covered issuer.--The term `covered issuer' means an issuer that is required to file an annual report under subsection (a) or section 15(d). ``(H) Direct and indirect greenhouse gas emissions.--The term `direct and indirect greenhouse gas emissions' includes, with respect to a covered issuer-- ``(i) all direct greenhouse gas emissions released by the covered issuer; ``(ii) all indirect greenhouse gas emissions with respect to electricity, heat, or steam purchased by the covered issuer; ``(iii) significant indirect emissions, other than the emissions described in clause (ii), emitted in the value chain of the covered issuer; and ``(iv) all indirect greenhouse gas emissions that are attributable to assets owned or managed, including assets that are partially owned or managed, by the covered issuer. ``(I) Fossil fuel reserves.--The term `fossil fuel reserves' has the meaning given the term `reserves' under the final rule of the Commission titled `Modernization of Oil and Gas Reporting' (74 Fed. Reg. 2158; published January 14, 2009). ``(J) Greenhouse gas.--The term `greenhouse gas'-- ``(i) means carbon dioxide, hydrofluorocarbons, methane, nitrous oxide, perfluorocarbons, sulfur hexafluoride, nitrogen triflouride, and chlorofluorocarbons; ``(ii) includes any other anthropogenically-emitted gas that the Administrator of the Environmental Protection Agency determines, after notice and comment, to contribute to climate change; and ``(iii) includes any other anthropogenically-emitted gas that the Intergovernmental Panel on Climate Change determines to contribute to climate change. ``(K) Greenhouse gas emissions.--The term `greenhouse gas emissions' means the emissions of greenhouse gas, expressed in terms of metric tons of carbon dioxide equivalent. ``(L) Physical risks.--The term `physical risks' means financial risks to long-lived fixed assets, locations, operations, or value chains that result from exposure to physical climate-related effects, including-- ``(i) increased average global temperatures and increased frequency of temperature extremes; ``(ii) increased severity and frequency of extreme weather events; ``(iii) increased flooding; ``(iv) sea level rise; ``(v) ocean acidification; ``(vi) increased frequency of wildfires; ``(vii) decreased arability of farmland; ``(viii) decreased availability of fresh water; and ``(ix) any other financial risks to long- lived fixed assets, locations, operations, or value chains determined appropriate by the Commission, in consultation with appropriate climate principals. ``(M) Social cost of carbon.--The term `social cost of carbon' means the social cost of carbon, as described in the technical support document entitled `Technical Support Document: Technical Update of the Social Cost of Carbon for Regulatory Impact Analysis Under Executive Order 12866', published by the Interagency Working Group on Social Cost of Greenhouse Gases, United States Government, in August 2016 or any successor or substantially related estimate of the monetized damages associated with an incremental increase in carbon dioxide emissions in a given year. ``(N) Transition risks.--The term `transition risks' means financial risks that are attributable to climate change mitigation and adaptation, including efforts to reduce greenhouse gas emissions and strengthen resilience to the impacts of climate change, including-- ``(i) costs relating to-- ``(I) international treaties and agreements; ``(II) Federal, State, and local policy; ``(III) new technologies; ``(IV) changing markets; ``(V) reputational impacts relevant to changing consumer behavior; and ``(VI) litigation; and ``(ii) assets that may lose value or become stranded due to any of the costs described in subclauses (I) through (VI) of clause (i). ``(O) Value chain.--The term `value chain'-- ``(i) means the total lifecycle of a product or service, both before and after production of the product or service, as applicable; and ``(ii) may include the sourcing of materials, production, transportation, and disposal with respect to the product or service described in clause (i). ``(2) Findings.--Congress finds that-- ``(A) short-, medium-, and long-term financial and economic risks and opportunities relating to climate change, and the national and global reduction of greenhouse gas emissions, constitute information that issuers-- ``(i) may reasonably expect to affect shareholder decision making; and ``(ii) should regularly identify, evaluate, and disclose; and ``(B) the disclosure of information described in subparagraph (A) should-- ``(i) identify, and evaluate-- ``(I) material physical and transition risks posed by climate change; and ``(II) the potential financial impact of such risks; ``(ii) detail any implications such risks have on corporate strategy; ``(iii) detail any board-level oversight of material climate related risks and opportunities; ``(iv) allow for intra- and cross-industry comparison, to the extent practicable, of climate-related risk exposure through the inclusion of standardized industry-specific and sector-specific disclosure metrics, as identified by the Commission, in consultation with the appropriate climate principals; ``(v) allow for tracking of performance over time with respect to mitigating climate risk exposure; and ``(vi) incorporate a price on greenhouse gas emissions in financial analyses that reflects, at minimum, the social cost of carbon that is attributable to issuers. ``(3) Disclosure.--Each covered issuer, in any annual report filed by the covered issuer under subsection (a) or section 15(d), shall, in accordance with any rules issued by the Commission pursuant to this subsection, include in each such report information regarding-- ``(A) the identification of, the evaluation of potential financial impacts of, and any risk-management strategies relating to-- ``(i) physical risks posed to the covered issuer by climate change; and ``(ii) transition risks posed to the covered issuer by climate change; ``(B) a description of any established corporate governance processes and structures to identify, assess, and manage climate-related risks; ``(C) a description of specific actions that the covered issuer is taking to mitigate identified risks; ``(D) a description of the resilience of any strategy the covered issuer has for addressing climate risks when differing climate scenarios are taken into consideration; and ``(E) a description of how climate risk is incorporated into the overall risk management strategy of the covered issuer. ``(4) Rule of construction.--Nothing in paragraph (3) may be construed as precluding a covered issuer from including, in an annual report submitted under subsection (a) or section 15(d), any information not explicitly referenced in such paragraph. ``(5) Rulemaking.--The Commission, in consultation with the appropriate climate principals, shall, not later than 2 years after the date of the enactment of this subsection, issue rules with respect to the information that a covered issuer is required to disclose pursuant to this subsection and such rules shall-- ``(A) establish climate-related risk disclosure rules, which shall-- ``(i) be, to the extent practicable, specialized for industries within specific sectors of the economy, which shall include-- ``(I) the sectors of finance, insurance, transportation, electric power, mining, and non-renewable energy; and ``(II) any other sector determined appropriate by the Commission, in consultation with the appropriate climate principals; ``(ii) include reporting standards for estimating and disclosing direct and indirect greenhouse gas emissions by a covered issuer, and any affiliates of the covered issuer, which shall-- ``(I) disaggregate, to the extent practicable, total emissions of each specified greenhouse gas by the covered issuer; and ``(II) include greenhouse gas emissions by the covered issuer during the period covered by the disclosure; ``(iii) include reporting standards for disclosing, with respect to a covered issuer-- ``(I) the total amount of fossil fuel-related assets owned or managed by the covered issuer; and ``(II) the percentage of fossil fuel-related assets as a percentage of total assets owned or managed by the covered issuer; ``(iv) specify requirements for, and the disclosure of, input parameters, assumptions, and analytical choices to be used in climate scenario analyses required under subparagraph (B)(i), including-- ``(I) present value discount rates; and ``(II) time frames to consider, including 5, 10, and 20 year time frames; and ``(v) include reporting standards and guidance with respect to the information required under subparagraph (B)(iii); ``(B) require that a covered issuer, with respect to a disclosure required under this subsection-- ``(i) incorporate into such disclosure-- ``(I) quantitative analysis to support any qualitative statement made by the covered issuer; ``(II) the rules established under subparagraph (A); ``(III) industry-specific metrics that comply with the requirements under subparagraph (A)(i); ``(IV) specific risk management actions that the covered issuer is taking to address identified risks; ``(V) a discussion of the short-, medium-, and long-term resilience of any risk management strategy, and the evolution of applicable risk metrics, of the covered issuer under each scenario described in clause (ii); and ``(VI) the total cost attributable to the direct and indirect greenhouse gas emissions of the covered issuer, using, at minimum, the social cost of carbon; ``(ii) consider, when preparing any qualitative or quantitative risk analysis statement contained in the disclosure-- ``(I) a baseline scenario that includes physical impacts of climate change; ``(II) a 1.5 degrees scenario; and ``(III) any additional climate analysis scenario considered appropriate by the Commission, in consultation with the appropriate climate principals; ``(iii) if the covered issuer engages in the commercial development of fossil fuels, include in the disclosure-- ``(I) an estimate of the total and a disaggregated amount of direct and indirect greenhouse gas emissions of the covered issuer that are attributable to-- ``(aa) combustion; ``(bb) flared hydrocarbons; ``(cc) process emissions; ``(dd) directly vented emissions; ``(ee) fugitive emissions or leaks; and ``(ff) land use changes; ``(II) a description of-- ``(aa) the sensitivity of fossil fuel reserve levels to future price projection scenarios that incorporate the social cost of carbon; ``(bb) the percentage of the reserves of the covered issuer that will be developed under the scenarios established in clause (ii), as well as a forecast for the development prospects of each reserve under the scenarios established in clause (ii); ``(cc) the potential amount of direct and indirect greenhouse gas emissions that are embedded in proved and probable reserves, with each such calculation presented as a total and in subdivided categories by the type of reserve; ``(dd) the methodology of the covered issuer for detecting and mitigating fugitive methane emissions, which shall include the frequency with which applicable assets of the covered issuer are observed for methane leaks, the processes and technology that the covered issuer uses to detect methane leaks, the percentage of assets of the covered issuer that the covered issuer inspects under that methodology, and quantitative and time-bound reduction goals of the issuer with respect to methane leaks; ``(ee) the amount of water that the covered issuer withdraws from freshwater sources for use and consumption in operations of the covered issuer; and ``(ff) the percentage of the water described in item (ee) that comes from regions of water stress or that face wastewater management challenges; and ``(III) any other information that the Commission determines is-- ``(aa) necessary; ``(bb) appropriate to safeguard the public interest; or ``(cc) directed at ensuring that investors are informed in accordance with the findings described in paragraph (2); ``(C) with respect to a disclosure required under section 13(s) of the Securities Exchange Act of 1934, require that a covered issuer include in such disclosure any other information, or use any climate- related or greenhouse gas emissions metric, that the Commission, in consultation with the appropriate climate principals, determines is-- ``(i) necessary; ``(ii) appropriate to safeguard the public interest; or ``(iii) directed at ensuring that investors are informed in accordance with the findings described in paragraph (2); and ``(D) with respect to a disclosure required under section 13(s) of the Securities Exchange Act of 1934, establish how and where the required disclosures shall be addressed in the covered issuer's annual financial filing. ``(6) Formatting.--The Commission shall require issuers to disclose information in an interactive data format and shall develop standards for such format, which shall include electronic tags for information that the Commission determines is-- ``(A) necessary; ``(B) appropriate to safeguard the public interest; or ``(C) directed at ensuring that investors are informed in accordance with the findings described in paragraph (2). ``(7) Periodic update of rules.--The Commission shall periodically update the rules issued under this subsection. ``(8) Compilation of information disclosed.--The Commission shall, to the maximum extent practicable make a compilation of the information disclosed by issuers under this subsection publicly available on the website of the Commission and update such compilation at least once each year. ``(9) Reports.-- ``(A) Report to congress.--The Commission shall-- ``(i) conduct an annual assessment regarding the compliance of covered issuers with the requirements of this subsection; ``(ii) submit to the appropriate congressional committees a report that contains the results of each assessment conducted under clause (i); and ``(iii) make each report submitted under clause (ii) accessible to the public. ``(B) GAO report.--The Comptroller General of the United States shall periodically evaluate, and report to the appropriate congressional committees on, the effectiveness of the Commission in carrying out and enforcing this subsection.''. SEC. 404. BACKSTOP. If, 2 years after the date of the enactment of this Act, the Securities and Exchange Commission has not issued the rules required under section 13(u) of the Securities Exchange Act of 1934, and until such rules are issued, a covered issuer (as defined in such section 13(u)) shall be deemed in compliance with such section 13(u) if disclosures set forth in the annual report of such issuer satisfy the recommendations of the Task Force on Climate-related Financial Disclosures of the Financial Stability Board as reported in June, 2017, or any successor report, and as supplemented or adjusted by such rules, guidance, or other comments from the Commission. SEC. 405. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Securities and Exchange Commission such sums as may be necessary to carry out this title and the amendments made by this title. TITLE V--DISCLOSURE OF TAX HAVENS AND OFFSHORING SEC. 501. SHORT TITLE. This title may be cited as the ``Disclosure of Tax Havens and Offshoring Act''. SEC. 502. COUNTRY-BY-COUNTRY REPORTING. (a) Country-by-Country Reporting.--Section 13 of the Securities Exchange Act of 1934 (15 U.S.C. 78m), as amended by section 403, is further amended by adding at the end the following new subsection: ``(v) Disclosure of Financial Performance on a Country-by-Country Basis.-- ``(1) Definitions.--In this subsection-- ``(A) the term `constituent entity' means, with respect to a covered issuer, any separate business entity of the covered issuer; ``(B) the term `covered issuer' means an issuer who-- ``(i) is a member of a multinational enterprise group; and ``(ii) the multinational enterprise group of which the issuer is a member has annual revenue for the preceding calendar year of not less than an amount determined by the Commission to conform to United States or international standards for country-by-country reporting; and ``(C) the term `tax jurisdiction'-- ``(i) means a country or a jurisdiction that is not a country but that has fiscal autonomy; and ``(ii) includes a territory or possession of the United States that has fiscal autonomy. ``(2) Disclosure.-- ``(A) In general.--Each covered issuer shall file a report with the Commission that includes information described in subparagraph (B), and any other information required by the Commission, with respect to the reporting period described in subparagraph (C). ``(B) Information required.--The information described in this subparagraph is as follows: ``(i) Constituent entity information.-- Information on the constituent entity, including the following: ``(I) The complete legal name of the constituent entity. ``(II) The tax jurisdiction, if any, in which the constituent entity is resident for tax purposes. ``(III) The tax jurisdiction in which the constituent entity is organized or incorporated (if different from the tax jurisdiction of residence). ``(IV) The tax identification number, if any, used for the constituent entity by the tax administration of the constituent entity's tax jurisdiction of residence. ``(V) The main business activity or activities of the constituent entity. ``(ii) Tax jurisdiction.--Information on each tax jurisdiction in which one or more constituent entities is resident, presented as an aggregated or consolidated form of the information for the constituent entities resident in each tax jurisdiction, including the following: ``(I) Revenues generated from transactions with other constituent entities. ``(II) Revenues not generated from transactions with other constituent entities. ``(III) Profit or loss before income tax. ``(IV) Total income tax paid on a cash basis to all tax jurisdictions. ``(V) Total accrued tax expense recorded on taxable profits or losses. ``(VI) Stated capital. ``(VII) Total accumulated earnings. ``(VIII) Total number of employees on a full-time equivalent basis. ``(IX) Net book value of tangible assets, which, for purposes of this section, does not include cash or cash equivalents, intangibles, or financial assets. ``(iii) Special rules.--The information listed in clause (ii) shall be provided, in aggregated or consolidated form, for any constituent entity or entities that have no tax jurisdiction of residence. In addition, if a constituent entity is an owner of a constituent entity that does not have a jurisdiction of tax residence, then the owner's share of such entity's revenues and profits will be aggregated or consolidated with the information for the owner's tax jurisdiction of residence. ``(C) Reporting period.--The reporting period covered by this paragraph is the period of the covered entity's applicable financial statement prepared for the 12-month period that ends with or within the taxable year of the covered issuer. If the covered issuer does not prepare an annual applicable financial statement, then the reporting period covered by this paragraph is the 12-month period that ends on the last day of the taxable year of the covered issuer. ``(D) Filing deadline.--Each covered issuer shall submit to the Commission a report required under this section on or before the due date (including extensions) for filing that covered issuer's tax return in the tax jurisdiction in which the covered issuer's multinational enterprise group is resident. ``(E) Regulation.--The Commission shall, in consultation with the Commissioner of the Internal Revenue Service and Secretary of the Treasury-- ``(i) promulgate regulations carrying out this subsection that conform to United States or international standards for country-by- country reporting, including regulations promulgated by the Internal Revenue Service; and ``(ii) require disclosure of the accounting methods used in calculating the information contained in each report filed pursuant to this subsection.''. (b) Rulemaking.-- (1) Deadlines.--The Securities and Exchange Commission (in this section referred to as the ``Commission'') shall-- (A) not later than 1 year after the date of enactment of this Act, issue a proposed rule to carry out this section and the amendment made by this section; and (B) not later than 18 months after the date of enactment of this Act, issue a final rule to carry out this section and the amendment made by this section. (2) Data format.--The information required to be provided by this section shall be provided by the issuer in a report in a machine readable format prescribed by the Commission, and such report shall be made available to the public online, in such machine readable format as the Commission shall prescribe. (3) Effective date.--Subsection (v) of section 13 of the Securities Exchange Act of 1934, as added by this section, shall become effective 1 year after the date on which the Commission issues a final rule under this section. TITLE VI--WORKFORCE INVESTMENT DISCLOSURE SEC. 601. SHORT TITLE. This title may be cited as the ``Workforce Investment Disclosure Act of 2021''. SEC. 602. FINDINGS. Congress finds the following: (1) One of the keys to the 20th century post-war economic success of the United States was the ability to prepare workers over the course of their lives for success through multiple sectors across society. Unfortunately, during the several decades preceding the date of enactment of this Act, there has been a shift in business norms and in society. While Congress recognizes that the technology and job skills required for some jobs has changed dramatically, the private and public partnership to hire workers at different education levels and invest in them for the long-term is broken. (2) Available data from the 10-year period preceding the date of enactment of this Act suggests that businesses are investing less in worker training during that time period, not more. (3) In the wake of the 2008 global financial crisis, there was a well-documented decline in overall business investment. That decline coincides with the wage polarization of workers and an increase in spending on share buybacks and dividends, leading several researchers to conclude that companies are de- emphasizing investment at the expense of increasing returns for shareholders. The onset of a global pandemic may make that trend worse, especially with respect to investments in workers. (4) As part of the overall decline in investment described in paragraph (3), publicly traded companies are being provided with incentives to prioritize investments in physical assets over investments in their workforces, meaning that those companies are investing in robots instead of individuals. In fact, there are already signs that automation has increased during the COVID-19 pandemic. (5) More than ever, the Federal Government, through company disclosure practices, needs to understand exactly how companies are investing in their workers. Over the several months preceding the date of enactment of this Act, companies across the United States have taken extreme actions to adapt and respond to evolving workforce challenges presented by COVID-19. (6) JUST Capital has been tracking the responses of the Standard and Poor's 100 largest public companies to their workers and has found wide variation in the policies implemented, as well as with respect to the disclosure of those policies. Through different responses to their workforces, from layoffs to workplace safety to paid leave, the COVID-19 pandemic is exposing the myriad ways that workforce management practices of companies pose operational and reputational risks for short- and long-term financial performance. (7) Even before the COVID-19 pandemic, there was a growing body of research establishing a relationship between measurable workforce management, which is the way that companies manage their employees, and firm performance. In a study of 2,000 large companies, Harvard Law School's Labor and Work Life Program found that forward-thinking workforce policies that prioritize workers, such as how companies train, retain, and pay their workers, are correlated with long-term financial performance. (8) Disclosure of workforce management policies should be part of a Government-wide economic recovery strategy. Just as a set of generally accepted accounting principles (commonly known as ``GAAP'') was urgently adopted after the Great Depression, standardized, comparable metrics of workforce disclosure requirements in the context of the COVID-19 pandemic are critical for investors to accurately measure and project company performance, both in the present and in the future. (9) Because many companies already track workforce metrics internally, moving towards a transparent disclosure regime would allow investors to better judge whether companies are managing risks and making the investments in their workforces that are needed for long-term growth. (10) Businesses increasingly rely on workforce innovation and intellectual capital for competitiveness. Workplace benefits, particularly paid sick leave, medical leave, and flexible work arrangements, critically support employee mental and physical well-being. (11) Race- and gender-based workplace discrimination have been tied to negative health outcomes, as well as lower productivity, trust, morale, and satisfaction and higher rates of absenteeism and turnover. Organizational reporting on practices to reduce discrimination can increase employee job satisfaction, performance, and engagement. (12) According to the Centers for Disease Control and Prevention, work-related stress is the leading occupational health risk and, per the American Institute of Stress, job stress costs United States industry more than $300,000,000,000 per year in accidents, absenteeism, employee turnover, diminished productivity, and medical, legal, and insurance costs. (13) Employee health and well-being is a key asset to delivering long-term value, with 80 percent of public companies that took concrete actions on health and well-being having seen larger improvements in financial performance. (14) Organizational well-being interventions can create cost savings of up to 10 dollars for every dollar invested. Specifically, for every dollar that employers spend on workplace disease prevention and well-being programs, there is a $3.27 reduction in employee medical costs and a $2.73 reduction in absenteeism costs. Employers that implement workplace health promotion programs have seen reductions in sick leave, health plan costs, and workers' compensation and disability insurance costs of approximately 25 percent. (15) The Centers for Disease Control and Prevention has found that preventable chronic conditions are a major contributor to insurance premium and employee medical claim costs, which are at an all-time high, and a Milken Institute study shows that employers paid $2,600,000,000,000 in 2016 for the indirect costs of employee chronic disease due to work absences, lost wages, and reduced economic productivity. (16) The COVID-19 pandemic has severely impacted employee physical, mental, and emotional well-being by increasing stress, depression, burnout, and mortality rates of chronic disease and by reducing work-life balance and financial security, with these challenges likely to persist due to uncertainty and instability even as employees return to work. Before the COVID-19 pandemic, but especially in the face of that pandemic, employers that advance policies and practices that support workforce health, safety, and well-being are likely to outperform competitors and benefit from lower costs. SEC. 603. DISCLOSURES RELATING TO WORKFORCE MANAGEMENT. Section 13 of the Securities Exchange Act of 1934 (15 U.S.C. 78m), as amended by section 502, is further amended by adding at the end the following: ``(w) Disclosures Relating to Workforce Management.-- ``(1) Definition.--In this subsection, the term `contingent worker' includes an individual performing work in the usual course of business on a temporary basis (including through a labor intermediary, including an individual or entity that supplies an employer with workers to perform labor) or as an independent contractor. ``(2) Regulations.--Not later than 2 years after the date of enactment of this subsection, the Commission, in consultation with the Secretary of Labor, the Secretary of Commerce, the Secretary of Treasury, and the Attorney General, shall promulgate regulations that require each issuer required to file an annual report under subsection (a) or section 15(d) to disclose in that report information regarding workforce management policies, practices, and performance with respect to the issuer. ``(3) Rules.--Consistent with the requirement under paragraph (4), each annual report filed with the Commission in accordance with the regulations promulgated under paragraph (2) shall include disclosure of the following with respect to the issuer filing the report for the year covered by the report: ``(A) Workforce demographic information, including-- ``(i) the number of full-time employees, the number of part-time employees, and the number of contingent workers (including temporary and contract workers) with respect to the issuer, which shall include demographic information with respect to those categories of individuals, including information regarding race, ethnicity, and gender; ``(ii) any policies or practices of the issuer relating to subcontracting, outsourcing, and insourcing individuals to perform work for the issuer, which shall include demographic information with respect to those individuals, including information regarding race, ethnicity, and gender; and ``(iii) whether the percentage of contingent workers with respect to the issuer has changed, including temporary and contract workers, as compared with the previous annual report filed by the issuer under this subsection. ``(B) Workforce stability information, including information about the voluntary turnover or retention rate, the involuntary turnover rate, the internal hiring rate, and the internal promotion rate, as well as information about workers who transition between employee and contingent workers, and the horizontal job change rate by quintile and demographic information. ``(C) Workforce composition, including-- ``(i) data on diversity (including racial, ethnic, self-reported sexual orientation, and gender composition) for senior executives and other individuals in the workforce; and ``(ii) any policies, audits, and programming expenditures relating to diversity. ``(D) Workforce skills and capabilities, including-- ``(i) information about training and cross- training of employees and contingent workers by quintile and demographic information, distinguishing between compliance training, career development training, job performance or technical training, and training tied to recognized postsecondary credentials; ``(ii) average number of hours of training for each employee and contingent worker; ``(iii) total spending on training for all employees and contingent workers; ``(iv) average spending per employee or contingent worker; ``(v) training utilization rates; and ``(vi) whether completion of training opportunities translates into value added benefit for workers, as determined by wage increases or internal promotions. ``(E) Workforce health, safety, and well-being, including information regarding-- ``(i) the frequency, severity, and lost time due to injuries, physical and mental illness, and fatalities; ``(ii) the scope, frequency, and total expenditure on workplace health, safety, and well-being programs; ``(iii) the total dollar value of assessed fines under the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.); ``(iv) the total number of actions brought under section 13 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 662) to prevent imminent dangers; ``(v) the total number of actions brought against the issuer under section 11(c) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 660(c)); ``(vi) any findings of workplace harassment or workplace discrimination during the 5 fiscal year period of the issuer preceding the fiscal year in which the report is filed; and ``(vii) communication channels and grievance mechanisms in place for employees and contingent workers. ``(F) Workforce compensation and incentives, including information regarding-- ``(i) total workforce costs, including salaries and wages, health benefits, other ancillary benefit costs, and pension costs; ``(ii) workforce benefits, including paid leave, health care, child care, and retirement, including information regarding benefits that are provided-- ``(I) to full-time employees and not to part-time employees; or ``(II) to employees and not to contingent workers; ``(iii) total contributions made to unemployment insurance by the issuer, how many employees to whom those contributions apply, and the total amount paid in unemployment compensation to individuals who were laid off by the issuer; ``(iv) policies and practices regarding how performance, productivity, equity, and sustainability are considered when setting pay and making promotion decisions; and ``(v) policies and practices relating to any incentives and bonuses provided to employees and any policies or practices designed to counter any risks created by such incentives and bonuses. ``(G) Workforce recruiting and needs, including-- ``(i) the number of new jobs created, seeking to be filled, and filled, disaggregated based on classification status; ``(ii) the share of new jobs that require a bachelor's degree or higher; ``(iii) information regarding the quality of hire for jobs described in clause (i); and ``(iv) the retention rate for individuals hired to fill the jobs described in clause (i). ``(H) Workforce engagement and productivity, including information regarding policies and practices of the issuer relating to-- ``(i) engagement, productivity, and mental well-being of employees and contingent workers, as determined in consultation with the Department of Labor; and ``(ii) freedom of association and work-life balance initiatives, including flexibility and the ability of the workforce to work remotely, as determined in consultation with the Department of Labor. ``(4) Disaggregation of information.--To the maximum extent feasible, the information described in paragraph (3) shall be disaggregated by-- ``(A) the workforce composition described in subparagraph (C)(i) of that paragraph; ``(B) wage quintiles of the employees of the issuer for the year covered by the applicable annual report; and ``(C) the employment status of individuals performing services for the issuer, including whether those individuals are full-time employees, part-time employees, or contingent workers. ``(5) Treatment of emerging growth companies.--The Commission may exempt emerging growth companies from any disclosure required under subparagraph (D), (E), (F), (G), or (H) of paragraph (3) if the Commission determines that such an exemption is necessary or appropriate in the public interest. ``(6) False or misleading statements.-- ``(A) In general.--Except as provided in subparagraph (B), it shall be unlawful for any person, in any report or document filed under this subsection, to make or cause to be made any untrue statement of a material fact or omit to state a material fact required to be stated in the report or document or necessary to make the statement made, in the light of the circumstances under which it is made, not misleading. ``(B) Exception.--A person shall not be liable under subparagraph (A) if the person shows that the person had, after reasonable investigation, reasonable ground to believe, and did believe, at the time the applicable statement was made, that the statement was true and that there was no omission to state a material fact necessary to make the statement made, in the light of the circumstances under which it is made, not misleading. ``(C) No private right of action.--Nothing in this paragraph may be construed as creating a private right of action. ``(7) Exemption.--This subsection shall not apply to an investment company registered under section 8 of the Investment Company Act of 1940 (15 U.S.C. 80a-8).''. SEC. 604. BACKSTOP. (a) Definitions.--In this section-- (1) the term ``Commission'' means the Securities and Exchange Commission; (2) the term ``covered issuer'' means an issuer that is required to file an annual report under section 13(a) or section 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)); and (3) the term ``issuer'' has the meaning given the term in section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)). (b) Compliance.--If, as of the date that is 2 years after the date of enactment of this Act, the Commission has not promulgated the regulations required under subsection (w) of section 13 of the Securities Exchange Act of 1934 (15 U.S.C. 78m), as added by section 603, a covered issuer, during the period beginning on that date and ending on the date on which the Commission promulgates those regulations, shall be deemed to be in compliance with such subsection (w) if disclosures set forth in the annual report of the covered issuer satisfy the public disclosure standards of the International Organization for Standardization's ISO 30414, or any successor standards for external workforce reporting, as supplemented or adjusted by rules, guidance, or other comments from the Commission. SEC. 605. SEC STUDY. (a) Definitions.--In this section, the terms ``Commission'' and ``issuer'' have the meanings given those terms in section 604(a). (b) Study.--The Commission shall conduct a study about the value to investors of-- (1) information about the human rights commitments of issuers required to file annual reports under section 13(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a)), including information about any principles used to evaluate risk, constituency consultation processes, and supplier due diligence; and (2) with respect to issuers required to file annual reports under section 13(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a)), information about-- (A) violations of the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) by those issuers; (B) violations of worker misclassification by those issuers; (C) surveys regarding employee satisfaction, well- being, and engagement; (D) the number and overall percentage of quality jobs, as determined by compensation above median wage and comprehensive employer-provided benefits; and (E) information about workforce investment trends, as determined by at least a 3-year time period. (c) Report.--Not later than 1 year after the date of enactment of this Act, the Commission shall submit to Congress a report that contains the results of the study required to be conducted under subsection (b), with recommendations for additional disclosure regulations based on the findings, and any actions the Commission plans to take to enhance disclosures based on the findings. TITLE VII--PREVENTING AND RESPONDING TO WORKPLACE HARASSMENT SEC. 701. SEC FILINGS AND MATERIAL DISCLOSURES AT PUBLIC COMPANIES. (a) Definitions.--In this section-- (1) the term ``Form 10-K'' means the form described in section 249.310 of title 17, Code of Federal Regulations, or any successor regulation; and (2) the term ``issuer'' has the meaning given the term in section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)). (b) Findings.--Congress finds that-- (1) shareholders and the public should know whether corporations-- (A) are expending company funds to resolve, settle, or litigate claims of workplace harassment, including sexual harassment; and (B) along with the executives and managers of those corporations-- (i) are complying with prohibitions against workplace harassment, including sexual harassment; and (ii) facilitate a culture of silence, disrespect, intimidation, and abuse that negatively impacts the health and safety of the workers of those corporations and the value of those corporations; and (2) the requirements of this section will-- (A) establish necessary transparency and accountability; and (B) provide an incentive for corporations to-- (i) promptly address workplace harassment, including sexual harassment, as that misconduct occurs; and (ii) foster a culture in which workplace harassment is not protected and does not occur. (c) Information Required.--Not later than 1 year after the date of enactment of this Act, the Securities and Exchange Commission shall promulgate a regulation that requires any issuer that is required to submit an annual report using Form 10-K to include in any such submission-- (1) during the period covered by the submission-- (A) with respect to workplace harassment, including sexual harassment, and retaliation for reporting, resisting, opposing, or assisting in the investigation of workplace harassment-- (i) the number of settlements reached by the issuer as a signatory or when the issuer is a beneficiary of a release of claims; and (ii) whether any judgments or awards (including awards through arbitration or administrative proceedings) were entered against the issuer in part or in whole, or any payments made in connection with a release of claims; and (B) the total amount paid by the issuer or another party as a result of-- (i) the settlements described in subparagraph (A)(i); and (ii) the judgments described in subparagraph (A)(ii); and (2) information regarding whether, in the aggregate, including the period covered by the submission, there have been three or more settlements reached by, or judgments against, the issuer with respect to workplace harassment, including sexual harassment, or retaliation for reporting, resisting, opposing, or assisting in the investigation of workplace harassment that relate to a particular individual employed by the issuer, without identifying that individual by name. TITLE VIII--CYBERSECURITY DISCLOSURE SEC. 801. SHORT TITLE. This title may be cited as the ``Cybersecurity Disclosure Act of 2021''. SEC. 802. CYBERSECURITY TRANSPARENCY. The Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) is amended by inserting after section 14B (15 U.S.C. 78n-2) the following: ``SEC. 14C. CYBERSECURITY TRANSPARENCY. ``(a) Definitions.--In this section-- ``(1) the term `cybersecurity' means any action, step, or measure to detect, prevent, deter, mitigate, or address any cybersecurity threat or any potential cybersecurity threat; ``(2) the term `cybersecurity threat'-- ``(A) means an action, not protected by the First Amendment to the Constitution of the United States, on or through an information system that may result in an unauthorized effort to adversely impact the security, availability, confidentiality, or integrity of an information system or information that is stored on, processed by, or transiting an information system; and ``(B) does not include any action that solely involves a violation of a consumer term of service or a consumer licensing agreement; ``(3) the term `information system'-- ``(A) has the meaning given the term in section 3502 of title 44, United States Code; and ``(B) includes industrial control systems, such as supervisory control and data acquisition systems, distributed control systems, and programmable logic controllers; ``(4) the term `NIST' means the National Institute of Standards and Technology; and ``(5) the term `reporting company' means any company that is an issuer-- ``(A) the securities of which are registered under section 12; or ``(B) that is required to file reports under section 15(d). ``(b) Requirement To Issue Rules.--Not later than 360 days after the date of enactment of this section, the Commission shall issue final rules to require each reporting company, in the annual report of the reporting company submitted under section 13 or section 15(d) or in the annual proxy statement of the reporting company submitted under section 14(a)-- ``(1) to disclose whether any member of the governing body, such as the board of directors or general partner, of the reporting company has expertise or experience in cybersecurity and in such detail as necessary to fully describe the nature of the expertise or experience; and ``(2) if no member of the governing body of the reporting company has expertise or experience in cybersecurity, to describe what other aspects of the reporting company's cybersecurity were taken into account by any person, such as an official serving on a nominating committee, that is responsible for identifying and evaluating nominees for membership to the governing body. ``(c) Cybersecurity Expertise or Experience.--For purposes of subsection (b), the Commission, in consultation with NIST, shall define what constitutes expertise or experience in cybersecurity using commonly defined roles, specialties, knowledge, skills, and abilities, such as those provided in NIST Special Publication 800-181, entitled `National Initiative for Cybersecurity Education (NICE) Cybersecurity Workforce Framework', or any successor thereto.''. TITLE IX--DATA RELATING TO DIVERSITY DISCLOSURE SEC. 901. SHORT TITLE. This title may be cited as the ``Improving Corporate Governance Through Diversity Act of 2021''. SEC. 902. SUBMISSION OF DATA RELATING TO DIVERSITY BY ISSUERS. Section 13 of the Securities Exchange Act of 1934 (15 U.S.C. 78m), as amended by section 502, is further amended by adding at the end the following: ``(w) Submission of Data Relating to Diversity.-- ``(1) Definitions.--In this subsection-- ``(A) the term `executive officer' has the meaning given the term in section 230.501(f) of title 17, Code of Federal Regulations, as in effect on the date of enactment of this subsection; and ``(B) the term `veteran' has the meaning given the term in section 101 of title 38, United States Code. ``(2) Submission of disclosure.--Each issuer required to file an annual report under subsection (a) shall disclose in any proxy statement and any information statement relating to the election of directors filed with the Commission the following: ``(A) Demographic data, based on voluntary self- identification, on the racial, ethnic, gender identity, and sexual orientation composition of-- ``(i) the board of directors of the issuer; ``(ii) nominees for the board of directors of the issuer; and ``(iii) the executive officers of the issuer. ``(B) The status of any member of the board of directors of the issuer, any nominee for the board of directors of the issuer, or any executive officer of the issuer, based on voluntary self-identification, as a veteran. ``(C) Whether the board of directors of the issuer, or any committee of that board of directors, has, as of the date on which the issuer makes a disclosure under this paragraph, adopted any policy, plan, or strategy to promote racial, ethnic, and gender diversity among-- ``(i) the board of directors of the issuer; ``(ii) nominees for the board of directors of the issuer; or ``(iii) the executive officers of the issuer. ``(3) Alternative submission.--In any 1-year period in which an issuer required to file an annual report under subsection (a) does not file with the Commission a proxy statement or an information statement relating to the election of directors, the issuer shall disclose the information required under paragraph (2) in the first annual report of issuer that the issuer submits to the Commission after the end of that 1-year period. ``(4) Annual report.--Not later than 18 months after the date of enactment of this subsection, and annually thereafter, the Commission shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives, and publish on the website of the Commission, a report that analyzes the information disclosed under paragraphs (2) and (3) and identifies any trends with respect to such information. ``(5) Best practices.-- ``(A) In general.--The Director of the Office of Minority and Women Inclusion of the Commission shall, not later than 3 years after the date of enactment of this subsection, and every 3 years thereafter, publish best practices for compliance with this subsection. ``(B) Comments.--The Director of the Office of Minority and Women Inclusion of the Commission may, pursuant to subchapter II of chapter 5 of title 5, United States Code, solicit public comments related to the best practices published under subparagraph (A).''. SEC. 903. DIVERSITY ADVISORY GROUP. (a) Definitions.--For the purposes of this section: (1) Advisory group.--The term ``Advisory Group'' means the Diversity Advisory Group established under subsection (b). (2) Commission.--The term ``Commission'' means the Securities and Exchange Commission. (3) Issuer.--The term ``issuer'' has the meaning given the term in section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)). (b) Establishment.--The Commission shall establish a Diversity Advisory Group, which shall be composed of representatives from-- (1) the Federal Government and State and local governments; (2) academia; and (3) the private sector. (c) Study and Recommendations.--The Advisory Group shall-- (1) carry out a study that identifies strategies that can be used to increase gender identity, racial, ethnic, and sexual orientation diversity among members of boards of directors of issuers; and (2) not later than 270 days after the date on which the Advisory Group is established, submit to the Commission, the Committee on Banking, Housing, and Urban Affairs of the Senate, and the Committee on Financial Services of the House of Representatives a report that-- (A) describes any findings from the study conducted under paragraph (1); and (B) makes recommendations regarding strategies that issuers could use to increase gender identity, racial, ethnic, and sexual orientation diversity among board members. (d) Annual Report.--Not later than 1 year after the date on which the Advisory Group submits the report required under subsection (c)(2), and annually thereafter, the Commission shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report that describes the status of gender identity, racial, ethnic, and sexual orientation diversity among members of the boards of directors of issuers. (e) Public Availability of Reports.--The Commission shall make all reports of the Advisory Group available to issuers and the public, including on the website of the Commission. (f) Inapplicability of Federal Advisory Committee Act.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply with respect to the Advisory Group or the activities of the Advisory Group. TITLE X--UYGHUR FORCED LABOR DISCLOSURE SEC. 1001. SHORT TITLE. This division may be cited as the ``Uyghur Forced Labor Disclosure Act''. SEC. 1002. DISCLOSURE OF CERTAIN ACTIVITIES RELATING TO THE XINJIANG UYGHUR AUTONOMOUS REGION. (a) In General.--Section 13 of the Securities Exchange Act of 1934 (15 U.S.C. 78m), as amended by section 502, is further amended by adding at the end the following: ``(w) Disclosure of Certain Activities Relating to the Xinjiang Uyghur Autonomous Region.-- ``(1) In general.--Not later than the end of the 180-day period beginning on the date of enactment of this subsection, the Commission shall issue rules to require each issuer required to file an annual report under this section or section 15(d) or a proxy statement under section 14 to disclose in each such report or proxy statement whether, during the period covered by the report or proxy statement-- ``(A) the issuer or any affiliate of the issuer, directly or indirectly, engaged with an entity or the affiliate of an entity to import-- ``(i) manufactured goods, including electronics, food products, textiles, shoes, auto parts, polysilicon, and teas, that are sourced from or through the XUAR; ``(ii) manufactured goods containing materials that are sourced from or through the XUAR; or ``(iii) goods manufactured by an entity engaged in labor transfers from the XUAR; ``(B) with respect to any goods or materials described under subparagraph (A), whether the goods or material originated in forced labor camps; and ``(C) with respect to each manufactured good or material described under subparagraph (A)-- ``(i) the nature and extent of the commercial activity related to such good or material; ``(ii) the gross revenue and net profits, if any, attributable to the good or material; and ``(iii) whether the issuer or the affiliate of the issuer intends to continue with such importation. ``(2) Availability of information.--The Commission shall make all information disclosed pursuant to this subsection available to the public on the website of the Commission. ``(3) Reports.-- ``(A) Annual report to congress.--The Commission shall-- ``(i) conduct an annual assessment of the compliance of issuers with the requirements of this subsection; and ``(ii) issue a report to Congress containing the results of the assessment required under clause (i). ``(B) GAO report.--The Comptroller General of the United States shall periodically evaluate and report to Congress on the effectiveness of the oversight by the Commission of the disclosure requirements under this subsection. ``(4) Definitions.--In this subsection: ``(A) Forced labor camp.--The term `forced labor camp' means-- ``(i) any entity engaged in the `mutual pairing assistance' program which subsidizes the establishment of manufacturing facilities in XUAR; ``(ii) any entity using convict labor, forced labor, or indentured labor described under section 307 of the Tariff Act of 1930 (19 U.S.C. 1307); and ``(iii) any other entity that the Commission determines is appropriate. ``(B) XUAR.--The term `XUAR' means the Xinjiang Uyghur Autonomous Region.''. (b) Repeal.--The amendment made by this section shall be repealed on the earlier of-- (1) the date that is 8 years after the date of the enactment of this section; or (2) the date on which the President submits to Congress (including the Office of the Law Revision Council) a determination that the Government of the People's Republic of China has ended mass internment, forced labor, and any other gross violations of human rights experienced by Uyghurs, Kazakhs, Kyrgyz, and members of other persecuted groups in the Xinjiang Uyghur Autonomous Region. TITLE XI--OTHER MATTERS SEC. 1101. STUDY AND REPORT ON SMALL BUSINESSES AND ESG DISCLOSURES. (a) In General.--Not later than 1 year after the date of the enactment of this Act, the Securities and Exchange Commission, in coordination with the Director of the Office of the Advocate for Small Business Capital Formation and the Investor Advocate of the Office of the Investor Advocate, shall-- (1) conduct a study on the issues small businesses face with respect to complying with disclosure requirements related to environmental, social, and governance metrics; and (2) submit a report to Congress that includes-- (A) the results of the study required under paragraph (1); and (B) recommendations with respect to small business compliance with such disclosure requirements. (b) Definition of Small Business.--In this section, the term ``small business'' has the meaning given the term ``small business concern'' under section 3 of the Small Business Act (15 U.S.C. 632). Passed the House of Representatives June 16, 2021. Attest: CHERYL L. JOHNSON, Clerk.

Corporate Governance Improvement and Investor Protection Act

To provide for disclosure of additional material information about public companies and establish a Sustainable Finance Advisory Committee, and for other purposes.

Corporate Governance Improvement and Investor Protection Act Corporate Governance Improvement and Investor Protection Act Climate Risk Disclosure Act of 2021 Cybersecurity Disclosure Act of 2021 Disclosure of Tax Havens and Offshoring Act ESG Disclosure Simplification Act of 2021 Greater Accountability in Pay Act of 2021 Improving Corporate Governance Through Diversity Act of 2021 Shareholder Political Transparency Act of 2021 Uyghur Forced Labor Disclosure Act Workforce Investment Disclosure Act of 2021 Climate Risk Disclosure Act of 2021 Disclosure of Tax Havens and Offshoring Act ESG Disclosure Simplification Act of 2021 Greater Accountability in Pay Act of 2021 Improving Corporate Governance Through Diversity Act of 2021 Shareholder Political Transparency Act of 2021 Workforce Investment Disclosure Act of 2021 ESG Disclosure Simplification Act of 2021 ESG Disclosure Simplification Act of 2021

Rep. Vargas, Juan

D

CA

S.4626

Energy

Facilitating the Reshoring of Energy Grid Component Manufacturing Act of 2022 This bill directs the Department of Energy (DOE) to establish a loan program for the production of energy grid products or components. Under the program, DOE may provide loans for activities related to projects that reequip, expand, or establish manufacturing facilities to produce energy grid products or their components. Energy grid products include large power transformers or any other electrical equipment commonly used for the transmission or distribution of electric energy by public electric utilities.

To require the Secretary of Energy to establish a program to provide loans to manufacturers of energy grid products and components. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Facilitating the Reshoring of Energy Grid Component Manufacturing Act of 2022''. SEC. 2. ENERGY GRID PRODUCT AND COMPONENT MANUFACTURING IN THE UNITED STATES. (a) Definitions.--In this section: (1) Component.--The term ``component'' means any part or element of an energy grid product. (2) Eligible project.--The term ``eligible project'' means a project to reequip, expand, or establish (including through new construction) a manufacturing facility in the United States to produce energy grid products or components. (3) Energy grid product.--The term ``energy grid product'' means-- (A) a bulk-power system (as defined in section 215(a) of the Federal Power Act (16 U.S.C. 824o(a))); (B) a large power transformer; (C) a switchgear or breaker; (D) a converter; (E) a direct current filter; (F) an alternating current switch or switchyard; (G) an insulated-gate bipolar transistor; (H) a capacitor; (I) an inductor; (J) an arrestor; (K) a resistor; (L) a distribution transformer; (M) grain-oriented electrical steel; (N) continuously transposed conduction (CTC) copper wire; (O) silicon steel; (P) any insulating material; and (Q) any other electrical equipment commonly used for the transmission or distribution of electric energy by public electric utilities. (4) Secretary.--The term ``Secretary'' means the Secretary of Energy. (b) Loan Program.-- (1) Establishment.-- (A) In general.--Not later than 180 days after the date of enactment of this Act, and subject to the availability of appropriated funds, the Secretary shall establish and carry out a program to provide a total of not more than $8,000,000,000 in loans to eligible individuals and entities (as determined by the Secretary) for the costs of activities relating to eligible projects. (B) Financing method.-- (i) In general.--Except as provided in clause (ii), a loan under this subsection shall be provided through the Federal Financing Bank, with the full faith and credit of the United States Government on the principal and interest. (ii) Cooperation with other institutions.-- A loan under this subsection may be provided in cooperation with 1 or more banks or other financial institutions through agreements to participate on an immediate or deferred (guaranteed) basis. (C) Credit subsidy.--The full credit subsidy for each loan provided under this subsection shall be paid by the Secretary using appropriated funds. (2) Application.--An individual or entity desiring a loan under this subsection shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including a written assurance that-- (A) all laborers and mechanics employed by contractors or subcontractors during any construction, alteration, or repair that is financed, in whole or in part, by a loan provided under this subsection shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality, as determined by the Secretary of Labor in accordance with sections 3141 through 3144, 3146, and 3147 of title 40, United States Code; and (B) the Secretary of Labor shall, with respect to the labor standards described in this paragraph, have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (5 U.S.C. App.) and section 3145 of title 40, United States Code. (3) Selection of loan recipients and eligible projects.-- (A) In general.--The Secretary may provide a loan under this subsection if the Secretary determines that-- (i) the loan recipient-- (I) has a reasonable prospect of repaying the principal and interest on the loan; (II) will provide sufficient information to the Secretary for the Secretary to ensure that the loan proceeds are expended efficiently and effectively; and (III) has met such other criteria as may be established and published by the Secretary; and (ii) the amount of the loan (when combined with amounts available to the loan recipient from other sources) will be sufficient to carry out the eligible project for which the loan is provided. (B) Reasonable prospect of repayment.--The Secretary shall base a determination of whether there is a reasonable prospect of repayment of the principal and interest on a loan under subparagraph (A)(i)(I) on a comprehensive evaluation of whether the loan recipient has a reasonable prospect of repaying the principal and interest, including, as applicable, an evaluation of-- (i) the strength of the contractual terms of the applicable eligible project (if commercially reasonably available); (ii) the forecast of noncontractual cash flows supported by market projections from reputable sources, as determined by the Secretary; (iii) cash sweeps and other structure enhancements; (iv) the projected financial strength of the loan recipient-- (I) at the time of loan close; and (II) throughout the loan term after the applicable eligible project is completed; (v) the financial strength of the investors and strategic partners of the loan recipient, if applicable; and (vi) other financial metrics and analyses that are relied on by the private lending community and nationally recognized credit rating agencies, as determined to be appropriate by the Secretary. (4) Rates, terms, and repayment of loans.--A loan provided under this subsection-- (A) shall have an interest rate that, as of the date on which the loan is provided, is equal to the cost of funds to the Department of the Treasury for obligations of comparable maturity; (B) shall have a term equal to the lesser of-- (i) the projected life, in years, of the eligible project to be carried out using proceeds from the loan, as determined by the Secretary; and (ii) 20 years; (C) may be subject to a deferral in repayment for not more than 5 years after the date on which the eligible project carried out using proceeds from the loan first begins operations, as determined by the Secretary; (D) shall be made by the Federal Financing Bank; and (E) shall be subject to the condition that the loan is not subordinate to other financing. (5) Conflicts of interest.--For each loan provided under this subsection, the Secretary shall certify that political influence did not affect the provision of the loan, including-- (A) selection of the eligible project for which the loan was provided; and (B) selection of the loan recipient. (6) Administrative fee.--The Secretary may charge a fee for the administrative and closing costs of a loan provided under this subsection, subject to the condition that the fee does not exceed the lesser of-- (A) $100,000; and (B) 10 basis points of the principal amount of the loan. (c) Improvement.--Not later than 90 days after the date of enactment of this Act, the Secretary shall promulgate an interim final rule establishing regulations that the Secretary determines to be necessary to administer this section and any loans provided by the Secretary under subsection (b). (d) Priority.-- (1) In general.--In providing loans under this section to manufacturers (including component suppliers) that have existing facilities, the Secretary shall give priority to manufacturers that are seeking to expand manufacturing output through-- (A) the establishment of 1 or more new facilities; or (B) the reopening of 1 or more facilities. (2) Idle facilities.--A facility described in subparagraph (A) or (B) of paragraph (1) may be sitting idle as of the date on which the applicable loan is provided under this section. (e) Set Aside for Small Energy Grid Product Manufacturers and Component Suppliers.-- (1) Definition of covered firm.--In this subsection, the term ``covered firm'' means a firm that-- (A) employs fewer than 500 individuals; and (B) manufactures energy grid products or components. (2) Set aside.--Of the amounts used to provide loans each fiscal year under subsection (b), the Secretary shall use not less than 5 percent to provide loans to-- (A) covered firms; or (B) consortia led by covered firms. (f) Appointment and Pay of Personnel.-- (1) In general.--The Secretary may use direct hiring authority pursuant to section 3304(a)(3) of title 5, United States Code, to appoint such professional and administrative personnel as the Secretary determines to be necessary to carry out this section and any functions of the Secretary under this section. (2) Rate of pay.--The rate of pay for a person appointed pursuant to paragraph (1) shall not exceed the maximum rate payable for GS-15 of the General Schedule under chapter 53 of title 5, United States Code. (3) Consultants.--The Secretary may retain, pursuant to section 1901 of title 41, United States Code, such consultants as the Secretary determines to be necessary to carry out this section and any functions of the Secretary under this section. (g) Outreach.--In carrying out this section, the Secretary shall-- (1) provide assistance with the completion of applications for loans under this section; and (2) conduct outreach, including through conferences and online programs, to disseminate information about loans under this section to potential applicants. (h) Report.--Not later than 2 years after the date of enactment of this Act, and every 2 years thereafter, the Secretary shall submit to Congress a report on the status of projects supported by a loan under this section, including-- (1) a list of projects for which a loan was provided under this section, including, with respect to each project-- (A) the loan amount; and (B) the construction status of the project; (2) the status of the loan repayment for each project, including future repayment projections; (3) data regarding the number of direct and indirect jobs retained, restored, or created by financed projects; (4) a projection of the number of new projects for which the Secretary expects to provide a loan under this section during the 2-year period beginning on the date of the report, including the projected aggregate loan amount over that 2-year period; (5) an evaluation of ongoing compliance with the assurances and commitments (and the accuracy of any predictions) made by applicants pursuant to paragraphs (2) and (3) of subsection (b); (6) the total number of applications received by the Secretary each year; and (7) any other metrics that the Secretary determines to be appropriate. (i) Funding.-- (1) Rescission.--Of the unobligated balance of amounts made available by section 129 of division A of the Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009 (Public Law 110-329; 122 Stat. 3578), $2,400,000,000 are rescinded. (2) Direct appropriation.--If sufficient unobligated amounts made available by section 129 of division A of the Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009 (Public Law 110-329; 122 Stat. 3578), are available on the date of enactment of this Act to execute the entire rescission described in paragraph (1), on the day after the execution of the entire rescission, there is appropriated to the Secretary, out of amounts in the Treasury not otherwise appropriated, $2,400,000,000 to carry out this section, to remain available until expended. <all>

Facilitating the Reshoring of Energy Grid Component Manufacturing Act of 2022

A bill to require the Secretary of Energy to establish a program to provide loans to manufacturers of energy grid products and components.

Facilitating the Reshoring of Energy Grid Component Manufacturing Act of 2022

Sen. Rubio, Marco

R

FL

H.R.2172

Crime and Law Enforcement

Closing the Law Enforcement Consent Loophole Act of 2021 This bill establishes a framework to prohibit law enforcement officers at the federal, state, and local levels from engaging in sexual acts with individuals who are in custody. At the federal level, the bill makes it unlawful for a federal law enforcement officer who is acting under color of law to engage in a sexual act with an individual who is under arrest, in detention, or in custody. Consent is not a defense to prosecution for unlawful conduct. A violator is subject to criminal penalties—a fine, a prison term of up to 15 years, or both. At the state and local level, the bill conditions eligibility for funds under the Community Oriented Policing Services program on the enactment of a similar law.

To amend title 18, United States Code, to prohibit law enforcement officers from engaging in sexual activity with persons in custody, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Closing the Law Enforcement Consent Loophole Act of 2021''. SEC. 2. PROHIBITION ON ENGAGING IN SEXUAL ACTS WHILE ACTING UNDER COLOR OF LAW. (a) In General.--Section 2243 of title 18, United States Code, is amended-- (1) in the section heading, by adding at the end the following: ``or by any person acting under color of law''; (2) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; (3) by inserting after subsection (b) the following: ``(c) Of an Individual by Any Person Acting Under Color of Law.-- ``(1) In general.--Whoever, acting under color of law, knowingly engages in a sexual act with an individual who is under arrest, in detention, or otherwise in the actual custody of any Federal law enforcement officer, shall be fined under this title, imprisoned not more than 15 years, or both. ``(2) Definition.--In this subsection, the term `sexual act' has the meaning given the term in section 2246.''; and (4) in subsection (d), as so redesignated, by adding at the end the following: ``(3) In a prosecution under subsection (c), it is not a defense that the other individual consented to the sexual act.''. (b) Definition.--Section 2246 of title 18, United States Code, 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 inserting after paragraph (6) the following: ``(7) the term `Federal law enforcement officer' has the meaning given the term in section 115.''. (c) Clerical Amendment.--The table of sections for chapter 109A of title 18, United States Code, is amended by amending the item related to section 2243 to read as follows: ``2243. Sexual abuse of a minor or ward or by any person acting under color of law.''. SEC. 3. ENACTMENT OF LAWS PENALIZING ENGAGING IN SEXUAL ACTS WHILE ACTING UNDER COLOR OF LAW. (a) In General.--Beginning in the first fiscal year that begins after the date that is one year after the date of enactment of this Act, in the case of a State or unit of local government that does not have in effect a law described in subsection (b), if that State or unit of local government that would otherwise receive funds under the COPS grant program, that State or unit of local government shall not be eligible to receive such funds. In the case of a multi-jurisdictional or regional consortium, if any member of that consortium is a State or unit of local government that does not have in effect a law described in subsection (b), if that consortium would otherwise receive funds under the COPS grant program, that consortium shall not be eligible to receive such funds. (b) Description of Law.--A law described in this subsection is a law that-- (1) makes it a criminal offense for any person acting under color of law of the State or unit of local government to engage in a sexual act with an individual who is under arrest, in detention, or otherwise in the actual custody of any law enforcement officer; and (2) prohibits a person charged with an offense described in paragraph (1) from asserting the consent of the other individual as a defense. (c) Reporting Requirement.--A State or unit of local government that receives a grant under the COPS grant program shall submit to the Attorney General, on an annual basis, information on-- (1) the number of reports made to law enforcement agencies in that State or unit of local government regarding persons engaging in a sexual act while acting under color of law during the previous year; and (2) the disposition of each case in which sexual misconduct by a person acting under color of law was reported during the previous year. SEC. 4. REPORTS TO CONGRESS. (a) Report by Attorney General.--Not later than 1 year after the date of enactment of this Act, and each year thereafter, the Attorney General shall submit to Congress a report containing-- (1) the information required to be reported to the Attorney General under section 403(b); and (2) information on-- (A) the number of reports made, during the previous year, to Federal law enforcement agencies regarding persons engaging in a sexual act while acting under color of law; and (B) the disposition of each case in which sexual misconduct by a person acting under color of law was reported. (b) Report by GAO.--Not later than 1 year after the date of enactment of this Act, and each year thereafter, the Comptroller General of the United States shall submit to Congress a report on any violations of section 2243(c) of title 18, United States Code, as amended by section 402, committed during the 1-year period covered by the report. SEC. 5. DEFINITION. In this Act, the term ``sexual act'' has the meaning given the term in section 2246 of title 18, United States Code. <all>

Closing the Law Enforcement Consent Loophole Act of 2021

To amend title 18, United States Code, to prohibit law enforcement officers from engaging in sexual activity with persons in custody, and for other purposes.

Closing the Law Enforcement Consent Loophole Act of 2021

Rep. Speier, Jackie

D

CA

H.R.3640

Labor and Employment

Union Transparency and Accountability Act This bill requires labor organizations to file certain disclosure forms detailing expenditures of union dues, imposes civil fines on labor organizations that fail to file required disclosures, and makes it unlawful for any labor organization to discharge or discriminate against any employee who has filed a whistle-blower complaint or who is testifying in a disclosure proceeding.

To ensure labor organization transparency and accountability. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Union Transparency and Accountability Act''. SEC. 2. DISCLOSURE REQUIREMENTS. Section 208 of the Labor-Management Reporting and Disclosure Act of 1959 (29 U.S.C. 438) is amended-- (1) by striking ``The Secretary'' and inserting ``(a) The Secretary''; and (2) by adding at the end the following: ``(b) Notwithstanding subsection (a) and for each fiscal year, a labor organization that would be required to file form LM-2 under part 403 of title 29, Code of Federal Regulations, (as such part was in effect on October 12, 2009) shall be required to annually file with the Secretary-- ``(1) form LM-2, as published in the appendix to the final rule issued by the Secretary of Labor entitled `Labor Organization Annual Financial Reports' (74 Fed. Reg. 3678 (January 21, 2009)); or ``(2) a successor form that includes all of the information required in such form LM-2 (as such form was published on January 21, 2009). ``(c) Notwithstanding subsection (a) and for each fiscal year, a labor organization that would be required to file form T-1 under part 403 of title 29, Code of Federal Regulations (as such part was in effect on November 30, 2010) shall file with the Secretary, as the report concerning trusts in which a labor organization is interested-- ``(1) form T-1, as published in the appendix to the final rule issued by the Secretary entitled `Labor Organization Annual Financial Reports for Trusts in Which a Labor Organization Is Interested, Form T-1' (73 Fed. Reg. 57412 (October 2, 2008)); or ``(2) a successor form that includes all of the information required in such form T-1 (as such form was published on October 2, 2008). ``(d) Notwithstanding subsection (a) and for each fiscal year, an officer or employee of a labor organization who would be required to file form LM-30 under part 404 of title 29, Code of Federal Regulations (as such part was in effect on October 25, 2011) shall be required to file with the Secretary-- ``(1) form LM-30, as published in the appendix to the final rule issued by the Secretary entitled `Labor Organization Officer and Employee Report, Form LM-30' (72 Fed. Reg. 36106 (July 2, 2007)); or ``(2) a successor form that includes all of the information required in such form LM-30 (as such form was published on July 2, 2007).''. SEC. 3. CIVIL FINES RELATING TO DISCLOSURE VIOLATIONS. (a) Civil Fines for Failure To Provide Information to Members.-- Section 201 of the Labor-Management Reporting and Disclosure Act of 1959 (29 U.S.C. 431) is amended-- (1) by redesignating subsection (c) as subsection (c)(1); and (2) by inserting after such subsection (c)(1) the following: ``(2) Any labor organization that fails to meet the requirements of paragraph (1) with respect to a member, by refusing to make available the information required to be contained in a report required to be submitted under this title, and any books, records, and accounts necessary to verify such report (unless such failure or refusal results from matters reasonably beyond the control of the labor organization), may in the court's discretion, and in addition to any other relief provided by law and determined proper by the court, be liable to such member for an amount that is not more than $250 for each day after the date of such failure or refusal (except that such amount shall be adjusted for inflation in the same manner as the Secretary adjusts the amount of a civil fine under section 211(c)). For purposes of this paragraph, each violation with respect to any single member shall be treated as a separate violation.''. (b) Civil Enforcement for Failure To File a Timely Report.--Section 210 of the Labor-Management Reporting and Disclosure Act of 1959 (29 U.S.C. 440) is amended to read as follows: ``SEC. 210. CIVIL ENFORCEMENT. ``(a) In General.--Whenever it shall appear that any person has violated or is about to violate any of the provisions of this title, or section 301(a), the Secretary may bring a civil action for such relief, including an injunction or the enforcement of a civil fine imposed under section 211, as may be appropriate. Any such action may be brought in the district court of the United States where the violation occurred or in the United States District Court for the District of Columbia. ``(b) Judicial Review for Enforcement of Civil Fines.-- ``(1) Standard of review.--Upon a complaint filed by the Secretary seeking the enforcement of a civil fine, the appropriate district court shall impose the civil fine that has been determined to be appropriate by the Secretary-- ``(A) if the person, labor organization, or employer against whom the civil fine is sought has been provided written notice and an opportunity to be heard before the Secretary or a designee of such Secretary, in accordance with procedures established by the Secretary under section 211(g)(1); and ``(B) unless the Secretary's determination is shown to be arbitrary and capricious. ``(2) Scope of review.--The appropriate court shall not consider any objection or argument that was not raised in the proceedings before the Secretary. ``(c) Appropriateness of Injunctive Relief.--Upon a complaint filed by the Secretary seeking relief under this section demonstrating that a person, labor organization, or employer has failed to file timely and complete reports required by this title or section 301(a), or has filed reports that are substantially incomplete or inaccurate, or that information required to be reported may be lost or destroyed absent such relief, the district court shall issue an order enjoining continued violation of this title or section 301(a). Injunctive relief may be awarded in addition to any other additional civil or criminal remedy and whether or not the Secretary seeks enforcement of a civil fine.''. (c) Authority To Impose Civil Fines.--Title II of the Labor- Management Reporting and Disclosure Act of 1959 (29 U.S.C. 431 et seq.) is amended-- (1) by redesignating section 211 as section 212; and (2) by inserting after section 210 the following: ``SEC. 211. CIVIL FINES. ``(a) Notice; Correction Period.--Upon finding a violation of subsection (a) or (b) of section 201 or section 202, 203, 207, 212, or 301(a), the Secretary shall, in accordance with standards and procedures established by the Secretary under subsection (g), provide the person, labor organization, or employer responsible for such violation-- ``(1) written notice of the violation; and ``(2) a period of time to correct the violation that is not more than 30 days after the date that the Secretary provides such written notice. ``(b) Fines Assessed.--Subject to the other provisions of this section, if the Secretary determines that a person, labor organization, or employer has violated subsection (a) or (b) of section 201 or section 202, 203, 207, 212, or 301(a) and has not corrected the violation within the period described in subsection (a)(2), the Secretary may assess a civil fine against the person, labor organization, or employer responsible for such violation. ``(c) Amount of Civil Fine.-- ``(1) Maximum amount.--A civil fine under this section shall be for an amount that is not more than $250 for each day after the date of the violation, and not more than $45,000 in the aggregate, except that such amounts shall be adjusted in accordance with the inflation adjustment procedures prescribed in the Federal Civil Penalties Inflation Adjustment Act of 1990 (28 U.S.C. 2461 note; Public Law 101-410). ``(2) Factors in determining amount.--In determining the amount of a civil fine under this section, the Secretary may consider-- ``(A) the gravity of the offense; ``(B) any history of prior offenses (including offenses occurring before the date of enactment of this section) of the person, labor organization, or employer responsible for such violation; ``(C) the ability of such person, labor organization, or employer to pay the civil fine without material impairment of the ability to carry out representational functions or honor other financial obligations; ``(D) any injury to uninvolved members of the labor organization or to the public; ``(E) any benefits to such person, labor organization, or employer resulting from such violation; ``(F) the ability of the civil fine to deter future such violations; and ``(G) any other factors that the Secretary may determine to be appropriate to further the purposes of this Act. ``(d) Limitation.--A person, labor organization, or employer shall not be required to pay a civil fine under this section for a violation of subsection (a) or (b) of section 201 or section 202, 203, 207, 212, or 301(a) for which a material cause was reasonably beyond the control of such person, labor organization, or employer. ``(e) Incomplete Reports.--A report rejected by the Secretary as incomplete shall be considered not filed for purposes of determining the existence of a violation of subsection (a) or (b) of section 201 or section 202, 203, 207, 212, or 301(a), and a civil fine may be assessed for such violation. ``(f) Effect on Criminal Sanctions.--The imposition of a civil fine under this section shall not affect the availability of criminal sanctions against any person, labor organization, or employer who knowingly or willfully violates a provision of this Act. ``(g) Standards and Procedures.-- ``(1) In general.--The Secretary shall establish, pursuant to sections 208 and 606, standards and procedures governing the imposition of a civil fine under this section that include providing the person, labor organization, or employer responsible for an alleged violation of subsection (a) or (b) of section 201 or section 202, 203, 207, 212, or 301(a) with-- ``(A) written notice of such violation; and ``(B) an opportunity for a hearing before the Secretary or a designee of such Secretary. ``(2) Judicial review.-- ``(A) In general.--After exhausting all administrative remedies established by the Secretary under paragraph (1), a person, labor organization, or employer against whom the Secretary has imposed a civil fine under this section may obtain a review of such fine in the United States District Court where the violation occurred or in the United States District Court for the District of Columbia, by filing in such court, within 30 days of the entry of a final order imposing the civil fine, a written petition that the Secretary's order or determination be modified or be set aside in whole or in part. ``(B) Standard of review.--Upon petition for review of a civil fine under this section, the appropriate district court shall impose the civil fine determined to be appropriate by the Secretary-- ``(i) if the person, labor organization, or employer against whom the civil fine is sought has been provided written notice and an opportunity to be heard, in accordance with the procedures established by the Secretary under paragraph (1); and ``(ii) unless the Secretary's determination is shown to be arbitrary and capricious. ``(C) Scope of review.--In reviewing a civil fine under this section, the appropriate district court shall not consider any objection or argument that was not raised in the proceedings before the Secretary. ``(h) Settlement by Secretary.--The Secretary may compromise, modify, or remit any civil fine that may be, or has been, imposed under this section.''. (d) Technical and Conforming Amendments.--The Labor-Management Reporting and Disclosure Act of 1959 (29 U.S.C. 401 et seq.) is further amended-- (1) in section 205 (29 U.S.C. 435), by striking ``211'' each place it appears and inserting ``212''; (2) in section 207(b) (29 U.S.C. 437(b)), by striking ``211'' each place it appears and inserting ``212''; and (3) in section 301(b) (29 U.S.C. 461(b)), by striking ``and 210'' and inserting ``210, and 211''. SEC. 4. WHISTLEBLOWER PROTECTIONS FOR LABOR ORGANIZATION EMPLOYEES. Title II of the Labor-Management Reporting and Disclosure Act of 1959 (29 U.S.C. 431 et seq.) is amended by inserting after section 211 the following: ``SEC. 211A. WHISTLEBLOWER PROTECTION FOR LABOR ORGANIZATION EMPLOYEES. ``(a) Whistleblower Protection.--It shall be unlawful for any labor organization to discharge or in any other manner discriminate against any employee because such employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this Act, or has testified or is about to testify in any such proceeding. ``(b) Enforcement and Remedies.--Any person whose rights secured by the provisions of this title have been infringed by any violation of this title may bring a civil action in the appropriate district court of the United States for such relief as may be appropriate, including an injunction. A civil action under this subsection against a labor organization shall be brought in the district court of the United States for the district where the alleged violation occurred or where the principal office of such labor organization is located.''. <all>

Union Transparency and Accountability Act

To ensure labor organization transparency and accountability.

Union Transparency and Accountability Act

Rep. Steel, Michelle

R

CA

H.R.5208

Public Lands and Natural Resources

Freedom's Frontier National Heritage Area Reauthorization Act This bill extends the authority of the Department of the Interior to provide any assistance for the Freedom's Frontier National Heritage Area in Kansas and Missouri for another 15 year period.

To reauthorize the Freedom's Frontier National Heritage Area Act. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Freedom's Frontier National Heritage Area Reauthorization Act''. SEC. 2. REAUTHORIZATION OF THE FREEDOM'S FRONTIER NATIONAL HERITAGE AREA. Section 269 of the Freedom's Frontier National Heritage Area Act (Public Law 109-338; 120 Stat. 1813) is amended by striking ``15 years'' and inserting ``30 years''. <all>

Freedom’s Frontier National Heritage Area Reauthorization Act

To reauthorize the Freedom's Frontier National Heritage Area Act.

Freedom’s Frontier National Heritage Area Reauthorization Act

Rep. Cleaver, Emanuel

D

MO

H.R.4706

Public Lands and Natural Resources

Blackwell School National Historic Site Act This bill establishes the Blackwell School National Historic Site in Texas as a unit of the National Park System to preserve, protect, and interpret for the benefit of present and future generations the Blackwell School, its role as both an academic and cultural cornerstone in the community in Marfa, Texas, and its function within a segregated system of education in Texas and the United States from 1885-1965. The historic site shall not be established until the date on which the Department of the Interior has (1) entered into a written agreement with the Marfa Unified School District providing that the Blackwell School shall be donated to or placed by agreement into comanagement with the United States for inclusion in a national historic site to be managed consistently with the purposes of such a site, and (2) acquired sufficient land or interests in land within the boundaries of the historic site to constitute a manageable unit. Interior may only acquire by donation, purchase with donated funds, or exchange any land or interest in land located within the boundary of the historic site. The bill prohibits any private property or nonfederal public property from being included within the boundaries of the historic site or managed as part of such site without the written consent of the owner. Interior shall prepare a general management plan for the historic site.

To establish the Blackwell School National Historic Site in Marfa, Texas, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Blackwell School National Historic Site Act''. SEC. 2. DEFINITIONS. In this Act: (1) National historic site.--The term ``national historic site'' means the Blackwell School, in Marfa, Texas. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 3. FINDINGS. Congress finds as follows: (1) The Blackwell School, located at 501 South Abbott Street, in Marfa, Presidio County, Texas, is associated with the period of racial segregation in Marfa public schools and is the sole extant property directly associated with Hispanic education in the community, the remaining buildings having been torn down after the school closed in 1965. (2) The Blackwell School is a tangible reminder of a time when the practice of ``separate but equal'' dominated education and social systems. Despite being categorized as ``white'' by Texas law, Mexican Americans were regularly excluded from commingling with Anglos at barbershops, restaurants, funeral homes, theaters, churches, and schools. (3) The spectrum of experiences of students and teachers at the Blackwell School constitute an important record of life in a segregated school in the context of the history of Texas and America. (4) Mexican and Mexican American culture and history in Marfa is tied to the Blackwell School, which for more than 50 years served as a leading feature of the Hispanic community, illustrating the challenge of maintaining cultural identity in a dominant Anglo society. Yet today, Hispanic influences are seen in Marfa's social and religious organizations, business and government institutions, and shared experiences of language, food, and music. (5) The historic Blackwell School building is a physical record of the longevity and beauty of the distinctive design and craftsmanship informed by both traditional techniques and materials, and the transition from purely the vernacular to the period of materials, design, and workmanship made available after the arrival of the railroad. The original historic school building and grounds on which it stands provide an authentic setting to commemorate and interpret the history of the Blackwell School. (6) The Blackwell School is closely associated with the broad patterns of local, State, and national history in the area of school segregation. Mexicans and other members of the Latin American diaspora have placed a high value upon education as a means of economic, social, and political advancement. (7) Mexican Americans and other members of the Latin American diaspora have placed a high value upon education as a means of economic, social, and political advancement. However, Hispanics and Latinos have not always had equitable opportunities and access to quality educational facilities in the United States. SEC. 4. ESTABLISHMENT OF THE BLACKWELL SCHOOL NATIONAL HISTORIC SITE. (a) Establishment.-- (1) In general.--Subject to paragraph (2), there is established the Blackwell School National Historic Site in the State of Texas as a unit of the National Park System to preserve, protect and interpret for the benefit of present and future generations the Blackwell School, its role as both an academic and cultural cornerstone in the community in Marfa, Texas, and its function within a segregated system of education in Texas and the United States from 1885 through 1965. (2) Conditions.--The national historic site shall not be established until the date on which the Secretary has-- (A) entered into a written agreement with the Marfa Unified School District providing that the Blackwell School shall be donated to or placed by agreement into co-management with the United States for inclusion in a national historic site to be managed consistently with the purposes of a national historic site; and (B) acquired sufficient land or interests in land within the boundaries of the national historic site to constitute a manageable unit. (b) Boundaries.--The boundaries of the national historic site shall be the boundaries generally depicted on the map. (c) Availability of Map.--The map shall be on file and available for public inspection in the appropriate offices of the National Park Service. (d) Acquisition of Authority.--The Secretary may only acquire any land or interest in land located within the boundary of the national historic site by-- (1) donation; (2) purchase with donated funds; or (3) exchange. (e) Administration.-- (1) In general.--The Secretary shall administer this national historic site in accordance with-- (A) this Act; and (B) the laws generally applicable to units of the National Park System. (2) Management plan.-- (A) Not later than 3 years after the date on which funds are first made available to the Secretary for this purpose, the Secretary shall prepare a general management plan for the national historic site in accordance with section 100502 of title 54, United States Code. (B) Upon completion, the Secretary shall submit the general management plan prepared pursuant to subparagraph (A) to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate. (f) Cooperative Agreements.--The Secretary shall enter into cooperative agreements with the Blackwell School Alliance (and other local, regional, State, academic and nonprofit partners) for interpretive and educational programming, technical assistance, and rehabilitation related to the national historic site. (g) Written Consent of Owner.--No private property or non-Federal public property shall be included within the boundaries of the national historic site or managed as part of the national historic site without the written consent of the owner of such property. Passed the House of Representatives December 8, 2021. Attest: CHERYL L. JOHNSON, Clerk.

Blackwell School National Historic Site Act

To establish the Blackwell School National Historic Site in Marfa, Texas, and for other purposes.

Blackwell School National Historic Site Act Blackwell School National Historic Site Act Blackwell School National Historic Site Act Blackwell School National Historic Site Act

Rep. Gonzales, Tony

R

TX

H.R.5063

Armed Forces and National Security

Reservists Opportunity Act This bill requires the Department of the Army to ensure that members of its reserve components may access the Tour of Duty system using a personal internet-enabled device. The Tour of Duty system is an online system of listings for opportunities to serve on active duty for members of the reserve components of the Army through which such members may apply for the listed opportunities. The Department of the Army may restrict access to the system on personal devices if the restriction is necessary for security reasons.

To direct the Secretary of the Army to ensure that a member of the reserve components of the Army may access the Tour of Duty system using a private internet-enabled device, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Reservists Opportunity Act''. SEC. 2. ACCESS TO TOUR OF DUTY SYSTEM. (a) Access.-- (1) In general.--Not later than one year after the date of the enactment of this Act, the Secretary of the Army shall ensure, subject to paragraph (2), that a member of the reserve components of the Army may access the Tour of Duty system using a personal internet-enabled device. (2) Exception.--The Secretary of the Army may restrict access to the Tour of Duty system on personal internet-enabled devices if the Secretary determines such restriction is necessary to ensure the security and integrity of information systems and data of the United States. (b) Tour of Duty System Defined.--In this Act, the term ``Tour of Duty system'' means the online system of listings for opportunities to serve on active duty for members of the reserve components of the Army and through which such a member may apply for such an opportunity, known as ``Tour of Duty'', or any successor to such system. <all>

Reservists Opportunity Act

To direct the Secretary of the Army to ensure that a member of the reserve components of the Army may access the Tour of Duty system using a private internet-enabled device, and for other purposes.

Reservists Opportunity Act

Rep. Jacobs, Chris

R

NY

H.R.2701

Social Welfare

Opportunities to Support Mothers and Deliver Children Act This bill provides funding for, and requires the Department of Health and Human Services to award, grants for demonstration projects to train low-income individuals to work in the field of pregnancy or childbirth. Grantees must be located in a state that recognizes doulas or midwives as health care providers and that allows payment for their services in the Medicaid program.

To provide grants for the conduct of demonstration projects designed to provide education and training for eligible individuals to enter and follow a career pathway in the field of pregnancy or childbirth, under the health profession opportunity grant program under section 2008 of the Social Security Act. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Opportunities to Support Mothers and Deliver Children Act''. SEC. 2. GRANTS FOR DEMONSTRATION PROJECTS TO PROVIDE CAREER PATHWAYS IN THE FIELD OF PREGNANCY OR CHILDBIRTH. Section 2008 of the Social Security Act (42 U.S.C. 1397g) is amended by redesignating subsection (d) as subsection (e) and inserting after subsection (c) the following: ``(d) Demonstration Projects To Provide Career Pathways in the Field of Pregnancy or Childbirth.-- ``(1) Grant authority.--The Secretary, in consultation with the Secretary of Labor and the Secretary of Education, shall award grants in accordance with this subsection to eligible entities to conduct demonstration projects for the purpose of providing education and training for eligible individuals to enter and follow a career pathway in the field of pregnancy or childbirth, in a State that recognizes doulas or midwives as health care providers and that provides payment for services provided by doulas or midwives, as the case may be, under the State plan approved under title XIX. ``(2) Duration.--A demonstration project shall be conducted under this subsection for not less than 3 years. ``(3) Application requirements.--An applicant seeking a grant under this subsection for a demonstration project shall submit to the Secretary an application for the grant, that includes the following: ``(A) A description of the partnerships, strategic staff hiring decisions, tailored program activities, or other programmatic elements of the project that are designed to support a strong career pathway in pregnancy, birth, or post-partum services. ``(B) A demonstration that the State in which the project is to be conducted recognizes and permits doulas and midwives to practice in the State. ``(C) A demonstration that the applicant has experience working with low-income populations, or a description of the plan of the applicant to work with a partner that has the experience. ``(4) Evaluations.--The Secretary shall, by grant, contract, or interagency agreement, conduct rigorous and well- designed evaluations of the demonstration projects for which a grant is made under this section, which shall include identification of successful activities for creating opportunities for developing and sustaining, particularly with respect to low-income individuals and other entry-level workers, a doula-to-midwife workforce career pathway that has accessible entry points, that meets high standards for education, training, certification, and professional development, and that provides increased wages and affordable benefits, including health care coverage, that are responsive to the needs of the workforce. ``(5) Definitions.--In this subsection: ``(A) Eligible entity.--The term `eligible entity' means any of the following entities that demonstrates in an application submitted under this subsection that the entity has the capacity to fully develop and administer the demonstration project described in the application: ``(i) A local workforce development board established under section 107 of the Workforce Innovation and Opportunity Act. ``(ii) A State or territory, a political subdivision of a State or territory, or an agency of a State, territory, or such a political subdivision. ``(iii) An Indian tribe, a tribal organization, or a tribal college or university. ``(iv) An institution of higher education (as defined in the Higher Education Act of 1965). ``(v) A hospital (as defined in section 1861(e)). ``(vi) A skilled nursing facility (as defined in section 1819(h)(1)(A)). ``(vii) A Federally qualified health center (as defined in section 1861(aa)(4)). ``(viii) A nonprofit organization described in section 501(c)(3) of the Internal Revenue Code of 1986, a labor organization, or an entity with shared labor-management oversight, that has a demonstrated history of providing health profession training to eligible individuals. ``(ix) An entity recognized by a State, Indian tribe, or tribal organization as qualified to train doulas or midwives, if midwives or doulas, as the case may be, are permitted to practice medicine in the State involved. ``(x) An opioid treatment program (as defined in section 1861(iii)(2)). ``(B) Eligible individual.--The term `eligible individual' means an individual whose income does not exceed 138 percent of the Federal poverty level. ``(C) Midwife.--The term `midwife' means a certified midwife, certified professional midwife, licensed midwife, and tribally-recognized midwife. ``(D) Certified midwife.--The term `certified midwife' means an individual who is certified by the American Midwifery Certification Board to practice midwifery. ``(E) Certified professional midwife.--The term `certified professional midwife' means an individual who-- ``(i) is certified by the North American Registry of Midwives to practice midwifery for normal, low-risk pregnancies and childbirths; and ``(ii) has completed-- ``(I) a midwifery education program accredited by the Midwifery Education and Accreditation Council or any other entity recognized by the Department of Education; or ``(II) the requirements to obtain a Midwifery Bridge Certificate from the North American Registry of Midwives, and maintains the certification by completing any required continuing education for the certification. ``(F) Licensed midwife.--The term `licensed midwife' means, with respect to a State, an individual who is licensed under State law to practice midwifery. ``(G) Tribally-recognized midwife.--The term `tribally-recognized midwife' means an individual who is recognized by an Indian tribe (as defined in section 4 of the Indian Health Care Improvement Act) to practice midwifery for the tribe. ``(6) Appropriation.--Out of any funds in the Treasury of the United States not otherwise appropriated, there are appropriated to the Secretary to carry out this subsection $10,000,000 for fiscal year 2022.''. SEC. 3. EFFECTIVE DATE. The amendment made by this Act shall take effect on October 1, 2021. <all>

Opportunities to Support Mothers and Deliver Children Act

To provide grants for the conduct of demonstration projects designed to provide education and training for eligible individuals to enter and follow a career pathway in the field of pregnancy or childbirth, under the health profession opportunity grant program under section 2008 of the Social Security Act.

Opportunities to Support Mothers and Deliver Children Act

Rep. Moore, Gwen

D

WI

S.2703

Finance and Financial Sector

Flood Insurance Continuing Education and Training Act This bill requires insurance agents selling flood insurance policies to complete a continuing education course every two years.

To amend the Bunning-Bereuter-Blumenauer Flood Insurance Reform Act of 2004 to require insurance agents who sell flood insurance policies under the National Flood Insurance Program to take certain continuing education courses, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Flood Insurance Continuing Education and Training Act''. SEC. 2. CONTINUING EDUCATION FOR INSURANCE AGENTS. (a) In General.--The Bunning-Bereuter-Blumenauer Flood Insurance Reform Act of 2004 (Public Law 108-264; 118 Stat. 712) is amended-- (1) in section 201 (42 U.S.C. 4011 note)-- (A) in paragraph (1), by striking ``Director of the'' and inserting ``Administrator of the''; and (B) in paragraph (2), by inserting ``4001'' after ``U.S.C.''; and (2) by striking section 207 (42 U.S.C. 4011 note) and inserting the following: ``SEC. 207. CONTINUING EDUCATION REQUIREMENTS FOR INSURANCE AGENTS. ``(a) In General.--The Director shall require each insurance agent who sells flood insurance policies to, once every 2 years, complete a 3-hour continuing education course that-- ``(1) subject to subsection (c), is approved by the insurance commissioner of the State in which the agent is a legal resident; and ``(2) focuses on issues with respect to the Program. ``(b) Failure To Complete Course.--If an insurance agent who sells flood insurance policies does not complete a continuing education course required under subsection (a), the agent, until the date on which the agent completes the course in accordance with the requirements of this section, may not-- ``(1) sell flood insurance policies; or ``(2) perform any duties with respect to the Program. ``(c) Agents Licensed in Multiple States.-- ``(1) In general.--If an insurance agent who sells flood insurance policies is licensed to sell insurance in more than 1 State-- ``(A) the agent shall submit proof of completion of a continuing education course required under subsection (a) to the insurance commissioner of each State in which the agent is licensed; and ``(B) each insurance commissioner to whom an insurance agent submits a proof of completion under subparagraph (A) may determine whether the course to which that proof of completion relates meets the minimum standards established by that insurance commissioner. ``(2) Effect of denial.--If an insurance commissioner of a State (referred to in this paragraph as the `rejecting commissioner') determines under paragraph (1)(B) that a continuing education course taken in another State by an insurance agent who sells flood insurance policies does not meet the minimum standards established by the rejecting commissioner, the insurance agent may not take any action described in paragraph (1) or (2) of subsection (b) until the agent satisfies the minimum requirements established by the rejecting commissioner. ``(d) Rule of Construction.--Any reference in this section to an insurance commissioner of a State shall be construed as a reference to an equivalent official with respect to any State in which there is no official who has the title of insurance commissioner.''. (b) Technical and Conforming Amendment.--The table of contents for the Bunning-Bereuter-Blumenauer Flood Insurance Reform Act of 2004 (Public Law 108-264; 118 Stat. 712) is amended by striking the item relating to section 207 and inserting the following: ``Sec. 207. Continuing education requirements for insurance agents.''. <all>

Flood Insurance Continuing Education and Training Act

A bill to amend the Bunning-Bereuter-Blumenauer Flood Insurance Reform Act of 2004 to require insurance agents who sell flood insurance policies under the National Flood Insurance Program to take certain continuing education courses, and for other purposes.

Flood Insurance Continuing Education and Training Act

Sen. Wicker, Roger F.

R

MS

S.960

International Affairs

Reassurance On Commitments Act of 2021 or the ROC Act This bill prohibits using funds made available to the Department of State for FY2022 to implement or enforce any policy that restricts representatives of Taiwan (such as members of Taiwan's armed forces or representatives of its government) or the Taipei Economic and Cultural Representative Office from displaying symbols of Taiwan's sovereignty for official purposes.

To provide for proper treatment of Taiwan government representatives. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Reassurance On Commitments Act of 2021'' or the ``ROC Act''. SEC. 2. PROPER TREATMENT OF TAIWAN GOVERNMENT REPRESENTATIVES. (a) In General.--Notwithstanding any other provision of law, none of the funds appropriated or otherwise made available for the Department of State for fiscal year 2022 may be used to prepare, propose, draft, review, or promulgate any regulation, guidance, or executive order, or to otherwise implement, administer, or enforce any policy that restricts the ability of members of the armed forces and government representatives from the Republic of China (Taiwan) or the Taipei Economic and Cultural Representative Office (TECRO) to display for official purposes symbols of Republic of China sovereignty, including-- (1) the flag of the Republic of China (Taiwan); and (2) the corresponding emblems or insignia of military units. (b) Official Purposes Defined.--In this section, the term ``official purposes'' means-- (1) the wearing of official uniforms; (2) conducting government-hosted ceremonies or functions; and (3) appearances on Department of State social media accounts promoting engagements with Taiwan. <all>

ROC Act

A bill to provide for proper treatment of Taiwan government representatives.

ROC Act Reassurance On Commitments Act of 2021

Sen. Cruz, Ted

R

TX

H.R.2257

Labor and Employment

Toxic Exposure Safety Act of 2021 This bill expands an existing program that compensates Department of Energy (DOE) employees and contractors for illnesses caused by occupational exposure to radiation and certain substances. Specifically, the bill requires the Energy Employees Occupational Illness Compensation Program to cover additional workers with illnesses caused by exposure to toxic substances at certain DOE facilities, including cleanup sites. The Department of Health and Human Services must establish rules for determining whether a current or former DOE employee or contractor is entitled to compensation. In addition, the Department of Labor must create or update assessments of toxic substance exposure in each DOE facility, as well as carry out outreach activities to provide DOE workers with information about the program. The bill also appropriates funds as necessary for DOE's assistance with certain Labor activities related to DOE facilities. Furthermore, the bill requires research on diseases associated with toxic substance exposure at DOE facilities.

To establish a presumption of occupational disease for certain employees at the Department of Energy, to refine the definition of compensable illnesses, to establish a research 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 ``Toxic Exposure Safety Act of 2021''. SEC. 2. ESTABLISHING A TOXIC SPECIAL EXPOSURE COHORT. (a) Expansion of Covered Employees and Definition of Covered Illnesses Under Subtitle E.--Section 3671 of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7385s) is amended-- (1) in paragraph (1)-- (A) by striking ``employee determined under'' and inserting the following: ``employee determined-- ``(A) under''; (B) by striking the period at the end and inserting ``; or''; and (C) by adding at the end the following: ``(B) to have contracted a covered illness and be a member of the Toxic Special Exposure Cohort established under section 3671A.''; and (2) by striking paragraph (2) and inserting the following: ``(2) The term `covered illness' means an occupational illness or death resulting from exposure to a toxic substance, including-- ``(A) all forms of cancer; ``(B) malignant mesothelioma; ``(C) pneumoconiosis, including silicosis, asbestosis, and other pneumoconiosis, and other asbestos-related diseases, including asbestos-related pleural disease; ``(D) any illness identified in a health studies report under section 5(f)(4) of the Toxic Exposure Safety Act of 2021 or a report under section 3615(f)(2)(D); and ``(E) any additional illness that the Secretary of Health and Human Services designates by regulation, as such Secretary determines appropriate based on-- ``(i) the results of the report under section 3671A(c); and ``(ii) the determinations made by such Secretary in establishing a Toxic Special Exposure Cohort under section 3671A.''. (b) Designation of Toxic Special Exposure Cohort.--Subtitle E of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7385s et seq.) is amended by inserting after section 3671 the following: ``SEC. 3671A. ESTABLISHMENT OF THE TOXIC SPECIAL EXPOSURE COHORT. ``(a) Certain Designations.--The Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention-- ``(1) shall establish a Toxic Special Exposure Cohort; and ``(2) as the Secretary determines appropriate in accordance with the rules promulgated under subsection (b), may designate classes of Department of Energy employees, Department of Energy contractor employees, or atomic weapons employees as members of the Toxic Special Exposure Cohort. ``(b) Promulgation of Rules.--Not later than 1 year after the date of enactment of the Toxic Exposure Safety Act of 2021, the Secretary of Health and Human Services shall promulgate rules-- ``(1) establishing a process to determine whether there are classes of Department of Energy employees, Department of Energy contractor employees, or other classes of employees employed at any Department of Energy facility-- ``(A) who were at least as likely as not exposed to toxic substances at a Department of Energy facility; and ``(B) for whom the Secretary of Health and Human Services has determined, after taking into consideration the recommendations of the Advisory Board on Toxic Substances and Worker Health on the matter, that it is not feasible to estimate with sufficient accuracy the frequency, intensity, and duration of exposure they received; and ``(2) regarding how the Secretary of Health and Human Services will designate employees, or classes of employees, described in paragraph (1) as members of the Toxic Special Exposure Cohort established under subsection (a)(1), which shall include a requirement that the Secretary shall make initial determinations regarding such designations. ``(c) Report to Congress.-- ``(1) In general.--Not later than 180 days after the date of enactment of the Toxic Exposure Safety Act of 2021, the Secretary of Health and Human Services shall submit to the relevant committees of Congress a report that identifies each of the following: ``(A) A list of cancers and other illnesses associated with toxic substances that pose, or posed, a hazard in the work environment at any Department of Energy facility. ``(B) The minimum duration of work required to qualify for the Toxic Special Exposure Cohort established under subsection (a)(1). ``(C) The class of employees that are designated as members in the Toxic Special Exposure Cohort. ``(2) Relevant committees of congress defined.--In this subsection, the term `relevant committees of Congress' means-- ``(A) the Committee on Armed Services, Committee on Appropriations, Committee on Energy and Natural Resources, and the Committee on Health, Education, Labor, and Pensions of the Senate; and ``(B) the Committee on Armed Services, Committee on Appropriations, Committee on Energy and Commerce, and the Committee on Education and Labor of the House of Representatives.''. (c) Allowing Subtitle B Claims for Eligible Employees Who Are Members of the Toxic Special Exposure Cohort.--Section 3621(1) of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7384l(1)) is amended by adding at the end the following: ``(D) A Department of Energy employee or atomic weapons employee who-- ``(i) has contracted a covered illness (as defined in section 3671); and ``(ii) satisfies the requirements established by the Secretary of Health and Human Services for the Toxic Special Exposure Cohort under section 3671A.''. (d) Clarification of Toxic Substance Exposure for Covered Illnesses.--Section 3675(c)(1) of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7385s-4(c)(1)) is amended by inserting ``(including chemicals or combinations or mixtures of a toxic substance, including heavy metals, and radiation)'' after ``toxic substance'' each place such term appears. SEC. 3. PROVIDING INFORMATION REGARDING DEPARTMENT OF ENERGY FACILITIES. Subtitle E of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7385s et seq.) is amended by inserting after section 3681 the following: ``SEC. 3681A. COMPLETION AND UPDATES OF SITE EXPOSURE MATRICES. ``(a) Definition.--In this section, the term `site exposure matrices' means an exposure assessment of a Department of Energy facility that identifies the toxic substances or processes that were used in each building or process of the facility, including the trade name (if any) of the substance. ``(b) In General.--Not later than 180 days after the date of enactment of the Toxic Exposure Safety Act of 2021, the Secretary of Labor shall, in coordination with the Secretary of Energy, create or update site exposure matrices for each Department of Energy facility based on the records, files, and other data provided by the Secretary of Energy and such other information as is available, including information available from the former worker medical screening programs of the Department of Energy. ``(c) Periodic Update.--Beginning 90 days after the initial creation or update described in subsection (b), and each 90 days thereafter, the Secretary shall update the site exposure matrices with all information available as of such time from the Secretary of Energy. ``(d) Information.--The Secretary of Energy shall furnish to the Secretary of Labor any information that the Secretary of Labor finds necessary or useful for the production of the site exposure matrices under this section, including records from the Department of Energy former worker medical screening program. ``(e) Public Availability.--The Secretary of Labor shall make available to the public, on the primary website of the Department of Labor-- ``(1) the site exposure matrices, as periodically updated under subsections (b) and (c); ``(2) each site profile prepared under section 3633(a); ``(3) any other database used by the Secretary of Labor to evaluate claims for compensation under this title; and ``(4) statistical data, in the aggregate and disaggregated by each Department of Energy facility, regarding-- ``(A) the number of claims filed under this subtitle and the number of claims filed by members of the Toxic Special Exposure Cohort who are covered under subtitle B; ``(B) the types of illnesses claimed; ``(C) the number of claims filed for each type of illness and, for each claim, whether the claim was approved or denied; ``(D) the number of claimants receiving compensation; and ``(E) the length of time required to process each claim, as measured from the date on which the claim is filed to the final disposition of the claim. ``(f) Funding.--There is authorized and hereby appropriated to the Secretary of Energy, for fiscal year 2021 and each succeeding year, such sums as may be necessary to support the Secretary of Labor in creating or updating the site exposure matrices.''. SEC. 4. ASSISTING CURRENT AND FORMER EMPLOYEES UNDER THE EEOICPA. (a) Providing Information and Outreach.--Subtitle A of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7384d et seq.) is amended-- (1) by redesignating section 3614 as section 3616; and (2) by inserting after section 3613 the following: ``SEC. 3614. INFORMATION AND OUTREACH. ``(a) Establishment of Toll-Free Information Phone Number.--By not later than January 1, 2022, the Secretary of Labor shall establish a toll-free phone number that current or former employees of the Department of Energy, or current or former Department of Energy contractor employees, may use in order to receive information regarding-- ``(1) the compensation program under subtitle B or E; ``(2) information regarding the process of submitting a claim under either compensation program; ``(3) assistance in completing the occupational health questionnaire required as part of a claim under subtitle B or E; ``(4) the next steps to take if a claim under subtitle B or E is accepted or denied; and ``(5) such other information as the Secretary determines necessary to further the purposes of this title. ``(b) Establishment of Resource and Advocacy Centers.-- ``(1) In general.--By not later than January 1, 2023, the Secretary of Energy, in coordination with the Secretary of Labor, shall establish a resource and advocacy center at each Department of Energy facility where cleanup operations are being carried out, or have been carried out, under the environmental management program of the Department of Energy. Each such resource and advocacy center shall assist current or former Department of Energy employees and current or former Department of Energy contractor employees, by enabling the employees and contractor employees to-- ``(A) receive information regarding all related programs available to them relating to potential claims under this title, including-- ``(i) programs under subtitles B and E; and ``(ii) the former worker medical screening program of the Department of Energy; and ``(B) navigate all such related programs. ``(2) Coordination.--The Secretary of Energy shall integrate other programs available to current and former employees, and current or former Department of Energy contractor employees, which are related to the purposes of this title, with the resource and advocacy centers established under paragraph (1), as appropriate. ``(c) Information.--The Secretary of Labor shall develop and distribute, through the resource and advocacy centers established under subsection (b) and other means, information (which may include responses to frequently asked questions) for current or former employees or current or former Department of Energy contractor employees about the programs under subtitles B and E and the claims process under such programs. ``(d) Copy of Employee's Claims Records.-- ``(1) In general.--The Secretary of Labor shall, upon the request of a current or former employee or Department of Energy contractor employee, provide the employee with a complete copy of all records or other materials held by the Department of Labor relating to the employee's claim under subtitle B or E. ``(2) Choice of format.--The Secretary of Labor shall provide the copy of records described in paragraph (1) to an employee in electronic or paper form, as selected by the employee. ``(e) Contact of Employees by Industrial Hygienists.--The Secretary of Labor shall allow industrial hygienists to contact and interview current or former employees or Department of Energy contractor employees regarding the employee's claim under subtitle B or E.''. (b) Extending Appeal Period.--Section 3677(a) of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7385s-6(a)) is amended by striking ``60 days'' and inserting ``180 days''. (c) Funding.--Section 3684 of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7385s-13) is amended-- (1) by striking ``There is authorized'' and inserting the following: ``(a) In General.--There is authorized''; (2) by inserting before the period at the end the following: ``, including the amounts necessary to carry out the requirements of section 3681A''; and (3) by adding at the end the following: ``(b) Administrative Costs for Department of Energy.--There is authorized and hereby appropriated to the Secretary of Energy for fiscal year 2021 and each succeeding year such sums as may be necessary to support the Secretary in carrying out the requirements of this title, including section 3681A.''. (d) Advisory Board on Toxic Substances and Worker Health.--Section 3687 of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7385s-16) is amended-- (1) in subsection (b)-- (A) in paragraph (1)(F), by striking ``and'' after the semicolon; (B) in paragraph (2), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: ``(3) develop recommendations for the Secretary of Health and Human Services regarding-- ``(A) whether there is a class of Department of Energy employees, Department of Energy contractor employees, or other employees at any Department of Energy facility who were at least as likely as not exposed to toxic substances at that facility but for whom it is not feasible to estimate with sufficient accuracy the dose they received; and ``(B) the conditions or requirements that should be met in order for an individual to be designated as a member of the Special Exposure Cohort under section 3671A; and ``(4) review all existing, as of the date of the review, rules and guidelines issued by the Secretary regarding presumption of causation and provide the Secretary with recommendations for new rules and guidelines regarding presumption of causation.''; (2) in subsection (c)(3), by inserting ``or the Board'' after ``The Secretary''; (3) by redesignating subsections (h) and (i) as subsections (i) and (j), respectively; and (4) by inserting after subsection (g) the following: ``(h) Required Responses to Board Recommendations.--Not later than 90 days after the date on which the Secretary of Labor and the Secretary of Health and Human Services receives recommendations in accordance with paragraph (1), (3), or (4) of subsection (b), such Secretary shall submit formal responses to each recommendation to the Board and Congress.''. SEC. 5. RESEARCH PROGRAM ON EPIDEMIOLOGICAL IMPACTS OF TOXIC EXPOSURES. (a) Definitions.--In this section-- (1) the term ``Department of Energy facility'' has the meaning given the term in section 3621 of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7384l); (2) the term ``institution of higher education'' has the meaning given such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001); and (3) the term ``Secretary'' means the Secretary of Health and Human Services. (b) Establishment.--The Secretary, acting through the Director of the National Institute of Environmental Health Sciences and in collaboration with the Director of the Centers for Disease Control and Prevention, shall conduct or support research on the epidemiological impacts of exposures to toxic substances at Department of Energy facilities. (c) Use of Funds.--Research under subsection (b) may include research on the epidemiological, clinical, or health impacts on individuals who were exposed to toxic substances in or near the tank or other storage farms and other relevant Department of Energy facilities through their work at such sites. (d) Eligibility and Application.--Any institution of higher education or the National Academy of Sciences may apply for funding under this section by submitting to the Secretary an application at such time, in such manner, and containing or accompanied by such information as the Secretary may require. (e) Research Coordination.--The Secretary shall coordinate activities under this section with similar activities conducted by the Department of Health and Human Services to the extent that other agencies have responsibilities that are related to the study of epidemiological, clinical, or health impacts of exposures to toxic substances. (f) Health Studies Report to Secretary.--Not later than 1 year after the end of the funding period for research under this section, the funding recipient shall prepare and submit to the Secretary a final report that-- (1) summarizes the findings of the research; (2) includes recommendations for any additional studies; (3) describes any classes of employees that, based on the results of the study and in accordance with the rules promulgated by the Secretary under section 3671A(b) of the Energy Employees Occupational Illness Compensation Program Act of 2000 (as added by this Act), qualify for inclusion in the Toxic Special Exposure Cohort under such section 3671A; and (4) describes any illnesses to be included as covered illnesses under section 3671(2)(D) of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7385s(2)(D)). (g) Report to Congress.-- (1) In general.--Not later than 120 days after the date on which the reports under subsection (f) are due, the Secretary shall-- (A) designate all classes of employees described in the report under subsection (f)(3) as members of the Toxic Special Exposure Cohort under section 3671A of the Energy Employees Occupational Illness Compensation Program Act of 2000 (as added by this Act); (B) prepare and submit to the relevant committees of Congress a report-- (i) summarizing the findings from the reports required under subsection (f); (ii) identifying the classes of employees designated under subparagraph (A); (iii) identifying any new illnesses that, as a result of the study, will be included as covered illnesses, pursuant to subsection (f)(4) and section 3671(2)(D) of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7385s(2)(D)); and (iv) including the Secretary's recommendations for additional health studies relating to toxic substances, if the Secretary determines it necessary. (2) Relevant committees of congress defined.--In this subsection, the term ``relevant committees of Congress'' means-- (A) the Committee on Armed Services, Committee on Appropriations, Committee on Energy and Natural Resources, and Committee on Health, Education, Labor, and Pensions of the Senate; and (B) the Committee on Armed Services, Committee on Appropriations, Committee on Energy and Commerce, and Committee on Education and Labor of the House of Representatives. (h) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $3,000,000 for each of fiscal years 2022 through 2026. SEC. 6. NATIONAL ACADEMY OF SCIENCES REVIEW. Subtitle A of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7384d et seq.), as amended by section 4, is further amended by inserting after section 3614 the following: ``SEC. 3615. NATIONAL ACADEMY OF SCIENCES REVIEW. ``(a) Purpose.--The purpose of this section is to enable the National Academy of Sciences, a non-Federal entity with appropriate expertise, to review and evaluate the available scientific evidence regarding associations between diseases and exposure to toxic substances found at Department of Energy cleanup sites. ``(b) Definitions.--In this section: ``(1) Department of energy cleanup site.--The term `Department of Energy cleanup site' means a Department of Energy facility where cleanup operations are being carried out, or have been carried out, under the environmental management program of the Department of Energy. ``(2) Health studies report.--The term `health studies report' means the report submitted under section 5(f) of the Toxic Exposure Safety Act of 2021. ``(c) Agreement.--Not later than 60 days after the issuance of the health studies report, the Secretary of Health and Human Services shall enter into an agreement with the National Academy of Sciences to carry out the requirements of this section. ``(d) Review of Scientific and Medical Evidence.-- ``(1) In general.--Under the agreement described in subsection (c), the National Academy of Sciences shall, for the period of the agreement-- ``(A) for each area recommended for additional study under the health studies report under section 5(f)(2) of the Toxic Exposure Safety Act of 2021, review and summarize the scientific evidence relating to the area, including-- ``(i) studies by the Department of Energy and Department of Labor; and ``(ii) any other available and relevant scientific studies, to the extent that such studies are relevant to the occupational exposures that have occurred at Department of Energy cleanup sites; and ``(B) review and summarize the scientific and medical evidence concerning the association between exposure to toxic substances found at Department of Energy cleanup sites and resultant diseases. ``(2) Scientific determinations concerning diseases.--In conducting each review of scientific evidence under subparagraphs (A) and (B) of paragraph (1), the National Academy of Sciences shall-- ``(A) assess the strength of such evidence; ``(B) assess whether a statistical association between exposure to a toxic substance and a disease exists, taking into account the strength of the scientific evidence and the appropriateness of the statistical and epidemiological methods used to detect an association; ``(C) assess the increased risk of disease among those exposed to the toxic substance during service during the production and cleanup eras of the Department of Energy cleanup sites; ``(D) survey the impact to health of the toxic substance, focusing on hematologic, renal, urologic, hepatic, gastrointestinal, neurologic, dermatologic, respiratory, endocrine, ocular, ear, nasal, and oropharyngeal diseases, including dementia, leukemia, chemical sensitivities, and chronic obstructive pulmonary disease; and ``(E) determine whether a plausible biological mechanism or other evidence of a causal relationship exists between exposure to the toxic substance and disease. ``(e) Additional Scientific Studies.--If the National Academy of Sciences determines, in the course of conducting the studies under subsection (d), that additional studies are needed to resolve areas of continuing scientific uncertainty relating to toxic exposure at Department of Energy cleanup sites, the National Academy of Sciences shall include, in the next report submitted under subsection (f), recommendations for areas of additional study, consisting of-- ``(1) a list of diseases and toxins that require further evaluation and study; ``(2) a review the current information available, as of the date of the report, relating to such diseases and toxins; ``(3) the value of the information that would result from the additional studies; and ``(4) the cost and feasibility of carrying out additional studies. ``(f) Reports.-- ``(1) In general.--By not later than 18 months after the date of the agreement under subsection (c), and every 2 years thereafter, the National Academy of Sciences shall prepare and submit a report to-- ``(A) the Secretary; ``(B) the Committee on Health, Education, Labor, and Pensions and the Committee on Energy and Natural Resources of the Senate; and ``(C) the Committee on Natural Resources, the Committee on Education and Labor, and the Committee on Energy and Commerce of the House of Representatives. ``(2) Contents.--Each report submitted under paragraph (1) shall include, for the 18-month or 2-year period covered by the report-- ``(A) a description of-- ``(i) the reviews and studies conducted under this section; ``(ii) the determinations and conclusions of the National Academy of Sciences with respect to such reviews and studies; and ``(iii) the scientific evidence and reasoning that led to such conclusions; ``(B) the recommendations for further areas of study made under subsection (e) for the reporting period; ``(C) a description of any classes of employees that, based on the results of the reviews and studies and in accordance with the rules promulgated by the Secretary under section 3671A(b), qualify for inclusion in the Toxic Special Exposure Cohort under such section 3671A; and ``(D) the identification of any illness that the National Academy of Sciences has determined, as a result of the reviews and studies, should be a covered illness under section 3671(2)(D). ``(g) Limitation on Authority.--The authority to enter into agreements under this section shall be effective for a fiscal year to the extent that appropriations are available. ``(h) Sunset.--This section shall cease to be effective 10 years after the last day of the fiscal year in which the National Academy of Sciences transmits to the Secretary the first report under subsection (f).''. SEC. 7. CONFORMING AMENDMENTS. The Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7384 et seq.) is amended-- (1) in the table of contents-- (A) by redesignating the item relating to section 3614 as the item relating to section 3616; (B) by inserting after the item relating to section 3613 the following: ``Sec. 3614. Information and outreach. ``Sec. 3615. National Academy of Sciences review.''; (C) by inserting after the item relating to section 3671 the following: ``Sec. 3671A. Establishment of the Toxic Special Exposure Cohort.''; and (D) by inserting after the item relating to section 3681 the following: ``Sec. 3681A. Completion and updates of site exposure matrices.''; and (2) in each of subsections (b)(1) and (c) of section 3612, by striking ``3614(b)'' and inserting ``3616(b)''. <all>

Toxic Exposure Safety Act of 2021

To establish a presumption of occupational disease for certain employees at the Department of Energy, to refine the definition of compensable illnesses, to establish a research program, and for other purposes.

Toxic Exposure Safety Act of 2021

Rep. Smith, Adam

D

WA

S.1810

Immigration

Conrad State 30 and Physician Access Reauthorization Act This bill modifies the Conrad 30 Waiver program, which incentivizes qualified foreign physicians to serve in underserved communities. It also extends statutory authority for the program for three years from this bill's enactment. Aliens coming to the United States under a J-1 nonimmigrant visa to receive medical training typically must leave the country and reside for two years abroad before being eligible to apply for an immigrant visa or permanent residence. The Conrad program waives this requirement for individuals who meet certain qualifications, including serving for a number of years at a health care facility in an underserved area. The bill increases the number of waivers that a state may obtain each fiscal year from 30 to 35 if a certain number of waivers were used the previous year, and provides for further adjustments depending on demand. An alien physician may be employed at an academic medical center to meet the Conrad program's employment requirements if the alien's work is in the public interest, even if the medical center is not in an underserved area. Employment contracts for alien physicians under the Conrad program shall contain certain information, such as the maximum number of on-call hours per week the physician shall have to work. Certain alien physicians (along with the physician's spouse and children) shall be exempt from the direct annual numerical limits on immigration, including those physicians that have met certain requirements related to visas for physicians to serve in underserved areas.

To provide incentives to physicians to practice in rural and medically underserved communities, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Conrad State 30 and Physician Access Reauthorization Act''. SEC. 2. CONRAD STATE 30 PROGRAM. (a) Extension.--Section 220(c) of the Immigration and Nationality Technical Corrections Act of 1994 (Public Law 103-416; 8 U.S.C. 1182 note) is amended by striking ``September 30, 2015'' and inserting ``on the date that is 3 years after the date of the enactment of the Conrad State 30 and Physician Access Reauthorization Act''. (b) Effective Date.--The amendment made by subsection (a) shall take effect as if enacted on September 30, 2018. SEC. 3. RETAINING PHYSICIANS WHO HAVE PRACTICED IN MEDICALLY UNDERSERVED COMMUNITIES. Section 201(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(1)) is amended by adding at the end the following: ``(F)(i) Alien physicians who have completed service requirements of a waiver requested under section 203(b)(2)(B)(ii), including-- ``(I) alien physicians who completed such service before the date of the enactment of the Conrad State 30 and Physician Access Act; and ``(II) the spouse or children of an alien physician described in subclause (I). ``(ii) Nothing in this subparagraph may be construed-- ``(I) to prevent the filing of a petition with the Secretary of Homeland Security for classification under section 204(a) or the filing of an application for adjustment of status under section 245 by an alien physician described in this subparagraph before the date by which such alien physician has completed the service described in section 214(l) or worked full-time as a physician for an aggregate of 5 years at the location identified in the section 214(l) waiver or in an area or areas designated by the Secretary of Health and Human Services as having a shortage of health care professionals; or ``(II) to permit the Secretary of Homeland Security to grant a petition or application described in subclause (I) until the alien has satisfied all of the requirements of the waiver received under section 214(l).''. SEC. 4. EMPLOYMENT PROTECTIONS FOR PHYSICIANS. (a) Exceptions to 2-Year Foreign Residency Requirement.--Section 214(l)(1) of the Immigration and Nationality Act (8 U.S.C. 1184(l)(1)) is amended-- (1) in the matter preceding subparagraph (A), by striking ``Attorney General'' and inserting ``Secretary of Homeland Security''; (2) in subparagraph (A), by striking ``Director of the United States Information Agency'' and inserting ``Secretary of State''; (3) in subparagraph (B), by inserting ``, except as provided in paragraphs (7) and (8)'' before the semicolon at the end; (4) in subparagraph (C), by striking clauses (i) and (ii) and inserting the following: ``(i) the alien demonstrates a bona fide offer of full-time employment at a health facility or health care organization, which employment has been determined by the Secretary of Homeland Security to be in the public interest; ``(ii) the alien-- ``(I) has accepted employment with the health facility or health care organization in a geographic area or areas which are designated by the Secretary of Health and Human Services as having a shortage of health care professionals; ``(II) begins employment by the later of the date that is-- ``(aa) 120 days after receiving such waiver; ``(bb) 120 days after completing graduate medical education or training under a program approved pursuant to section 212(j)(1); or ``(cc) 120 days after receiving nonimmigrant status or employment authorization, if the alien or the alien's employer petitions for such nonimmigrant status or employment authorization not later than 120 days after the date on which the alien completes his or her graduate medical education or training under a program approved pursuant to section 212(j)(1); and ``(III) agrees to continue to work for a total of not less than 3 years in the status authorized for such employment under this subsection, except as provided in paragraph (8).''; and (5) in subparagraph (D), in the matter preceding clause (i), by inserting ``(except as provided in paragraph (8))''. (b) Allowable Visa Status for Physicians Fulfilling Waiver Requirements in Medically Underserved Areas.--Section 214(l)(2)(A) of such Act (8 U.S.C. 1184(l)(2)(A)) is amended to read as follows: ``(A) Upon the request of an interested Federal agency or an interested State agency for recommendation of a waiver under this section by a physician who is maintaining valid nonimmigrant status under section 101(a)(15)(J) and a favorable recommendation by the Secretary of State, the Secretary of Homeland Security may change the status of such physician to any status authorized for employment under this Act. The numerical limitations contained in subsection (g)(1)(A) shall not apply to any alien whose status is changed under this subparagraph.''. (c) Violation of Agreements.--Section 214(l)(3)(A) of such Act (8 U.S.C. 1184(l)(3)(A)) is amended by inserting ``substantial requirement of an'' before ``agreement entered into''. (d) Physician Employment in Underserved Areas.--Section 214(l) of such Act, as amended by this section, is further amended by adding at the end the following: ``(4)(A) If an interested State agency denies an application for a waiver under paragraph (1)(B) from a physician pursuing graduate medical education or training pursuant to section 101(a)(15)(J) because the State has requested the maximum number of waivers permitted for that fiscal year, the physician's nonimmigrant status shall be extended for up to 6 months if the physician agrees to seek a waiver under this subsection (except for paragraph (1)(D)(ii)) to work for an employer described in paragraph (1)(C) in a State that has not yet requested the maximum number of waivers. ``(B) Such physician shall be authorized to work only for the employer referred to in subparagraph (A) during the period beginning on the date on which a new waiver application is filed with such State and ending on the earlier of-- ``(i) the date on which the Secretary of Homeland Security denies such waiver; or ``(ii) the date on which the Secretary approves an application for change of status under paragraph (2)(A) pursuant to the approval of such waiver.''. (e) Contract Requirements.--Section 214(l) of such Act, as amended by this section, is further amended by adding at the end the following: ``(5) An alien granted a waiver under paragraph (1)(C) shall enter into an employment agreement with the contracting health facility or health care organization that-- ``(A) specifies the maximum number of on-call hours per week (which may be a monthly average) that the alien will be expected to be available and the compensation the alien will receive for on-call time; ``(B) specifies-- ``(i) whether the contracting facility or organization-- ``(I) has secured medical malpractice liability protection for the alien under section 224(g) of the Public Health Service Act (42 U.S.C. 233(g)); or ``(II) will pay the alien's malpractice insurance premiums; ``(ii) whether the employer will provide malpractice insurance for the alien; and ``(iii) the amount of such liability protection that will be provided; ``(C) describes all of the work locations that the alien will work and includes a statement that the contracting facility or organization will not add additional work locations without the approval of the Federal agency or State agency that requested the waiver; and ``(D) does not include a non-compete provision. ``(6) An alien granted a waiver under this subsection whose employment relationship with a health facility or health care organization terminates under paragraph (1)(C)(ii) during the 3-year service period required under paragraph (1) shall be considered to be maintaining lawful status in an authorized period of stay during the 120-day period referred to in items (aa) and (bb) of subclause (III) of paragraph (1)(C)(ii) or the 45-day period referred to in subclause (III)(cc) of such paragraph.''. (f) Recapturing Waiver Slots Lost to Other States.--Section 214(l) of such Act, as amended by this section, is further amended by adding at the end the following: ``(7) If a recipient of a waiver under this subsection terminates the recipient's employment with a health facility or health care organization pursuant to paragraph (1)(C)(ii), including termination of employment because of circumstances described in paragraph (1)(C)(ii)(III), and accepts new employment with such a facility or organization in a different State, the State from which the alien is departing may be accorded an additional waiver by the Secretary of State for use in the fiscal year in which the alien's employment was terminated.''. (g) Exception to 3-Year Work Requirement.--Section 214(l) of such Act, as amended by this section, is further amended by adding at the end the following: ``(8) The 3-year work requirement set forth in subparagraphs (C) and (D) of paragraph (1) shall not apply if-- ``(A)(i) the Secretary of Homeland Security determines that extenuating circumstances, including violations by the employer of the employment agreement with the alien or of labor and employment laws, exist that justify a lesser period of employment at such facility or organization; and ``(ii) the alien demonstrates, not later than 120 days after the employment termination date (unless the Secretary determines that extenuating circumstances would justify an extension), another bona fide offer of employment at a health facility or health care organization in a geographic area or areas which are designated by the Secretary of Health and Human Services as having a shortage of health care professionals, for the remainder of such 3-year period; ``(B)(i) the interested State agency that requested the waiver attests that extenuating circumstances, including violations by the employer of the employment agreement with the alien or of labor and employment laws, exist that justify a lesser period of employment at such facility or organization; and ``(ii) the alien demonstrates, not later than 120 days after the employment termination date (unless the Secretary determines that extenuating circumstances would justify an extension), another bona fide offer of employment at a health facility or health care organization in a geographic area or areas which are designated by the Secretary of Health and Human Services as having a shortage of health care professionals, for the remainder of such 3-year period; or ``(C) the alien-- ``(i) elects not to pursue a determination of extenuating circumstances pursuant to subclause (A) or (B); ``(ii) terminates the alien's employment relationship with the health facility or health care organization at which the alien was employed; ``(iii) demonstrates, not later than 45 days after the employment termination date, another bona fide offer of employment at a health facility or health care organization in a geographic area or areas, in the State that requested the alien's waiver, which are designated by the Secretary of Health and Human Services as having a shortage of health care professionals; and ``(iv) agrees to be employed for the remainder of such 3-year period, and 1 additional year for each termination under clause (ii).''. SEC. 5. ALLOTMENT OF CONRAD 30 WAIVERS. (a) In General.--Section 214(l) of the Immigration and Nationality Act (8 U.S.C. 1184(l)), as amended by section 4, is further amended by adding at the end the following: ``(9)(A)(i) All States shall be allotted a total of 35 waivers under paragraph (1)(B) for a fiscal year if 90 percent of the waivers available to the States receiving at least 5 waivers were used in the previous fiscal year. ``(ii) When an allotment occurs under clause (i), all States shall be allotted an additional 5 waivers under paragraph (1)(B) for each subsequent fiscal year if 90 percent of the waivers available to the States receiving at least 5 waivers were used in the previous fiscal year. If the States are allotted 45 or more waivers for a fiscal year, the States will only receive an additional increase of 5 waivers the following fiscal year if 95 percent of the waivers available to the States receiving at least 1 waiver were used in the previous fiscal year. ``(B) Any increase in allotments under subparagraph (A) shall be maintained indefinitely, unless in a fiscal year, the total number of such waivers granted is 5 percent lower than in the last year in which there was an increase in the number of waivers allotted pursuant to this paragraph, in which case-- ``(i) the number of waivers allotted shall be decreased by 5 for all States beginning in the next fiscal year; and ``(ii) each additional 5 percent decrease in such waivers granted from the last year in which there was an increase in the allotment, shall result in an additional decrease of 5 waivers allotted for all States, provided that the number of waivers allotted for all States shall not drop below 30.''. (b) Academic Medical Centers.--Section 214(l)(1)(D) of such Act (8 U.S.C. 1184(l)(1)(D)) is amended-- (1) in clause (ii), by striking ``and'' at the end; (2) in clause (iii), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(iv) in the case of a request by an interested State agency-- ``(I) the head of such agency determines that the alien is to practice medicine in, or be on the faculty of a residency program at, an academic medical center (as that term is defined in section 411.355(e)(2) of title 42, Code of Federal Regulations, or similar successor regulation), without regard to whether such facility is located within an area designated by the Secretary of Health and Human Services as having a shortage of health care professionals; and ``(II) the head of such agency determines that-- ``(aa) the alien physician's work is in the public interest; and ``(bb) the grant of such waiver would not cause the number of the waivers granted on behalf of aliens for such State for a fiscal year (within the limitation in subparagraph (B) and subject to paragraph (6)) in accordance with the conditions of this clause to exceed 3.''. SEC. 6. AMENDMENTS TO THE PROCEDURES, DEFINITIONS, AND OTHER PROVISIONS RELATED TO PHYSICIAN IMMIGRATION. (a) Dual Intent for Physicians Seeking Graduate Medical Training.-- Section 214(b) of the Immigration and Nationality Act (8 U.S.C. 1184(b)) is amended by striking ``(other than a nonimmigrant described in subparagraph (L) or (V) of section 101(a)(15), and other than a nonimmigrant described in any provision of section 101(a)(15)(H)(i) except subclause (b1) of such section)'' and inserting ``(other than a nonimmigrant described in subparagraph (L) or (V) of section 101(a)(15), a nonimmigrant described in any provision of section 101(a)(15)(H)(i) (except subclause (b1) of such section), and an alien coming to the United States to receive graduate medical education or training as described in section 212(j) or to take examinations required to receive graduate medical education or training as described in section 212(j))''. (b) Physician National Interest Waiver Clarifications.-- (1) Practice and geographic area.--Section 203(b)(2)(B)(ii)(I) of the Immigration and Nationality Act (8 U.S.C. 1153(b)(2)(B)(ii)(I)) is amended by striking items (aa) and (bb) and inserting the following: ``(aa) the alien physician agrees to work on a full-time basis practicing primary care, specialty medicine, or a combination thereof, in an area or areas designated by the Secretary of Health and Human Services as having a shortage of health care professionals, or at a health care facility under the jurisdiction of the Secretary of Veterans Affairs; or ``(bb) the alien physician is pursuing such waiver based upon service at a facility or facilities that serve patients who reside in a geographic area or areas designated by the Secretary of Health and Human Services as having a shortage of health care professionals (without regard to whether such facility or facilities are located within such an area) and a Federal agency, or a local, county, regional, or State department of public health determines the alien physician's work was or will be in the public interest.''. (2) Five-year service requirement.--Section 203(b)(2)(B)(ii) of the Immigration and Nationality Act (8 U.S.C. 1153(B)(ii)) is amended-- (A) by moving subclauses (II), (III), and (IV) 4 ems to the left; and (B) in subclause (II)-- (i) by inserting ``(aa)'' after ``(II)''; and (ii) by adding at the end the following: ``(bb) The 5-year service requirement under item (aa) shall begin on the date on which the alien physician begins work in the shortage area in any legal status and not on the date on which an immigrant visa petition is filed or approved. Such service shall be aggregated without regard to when such service began and without regard to whether such service began during or in conjunction with a course of graduate medical education. ``(cc) An alien physician shall not be required to submit an employment contract with a term exceeding the balance of the 5-year commitment yet to be served or an employment contract dated within a minimum time period before filing a visa petition under this subsection. ``(dd) An alien physician shall not be required to file additional immigrant visa petitions upon a change of work location from the location approved in the original national interest immigrant petition.''. (c) Technical Clarification Regarding Advanced Degree for Physicians.--Section 203(b)(2)(A) of the Immigration and Nationality Act (8 U.S.C. 1153(b)(2)(A)) is amended by adding at the end the following: ``An alien physician holding a foreign medical degree that has been deemed sufficient for acceptance by an accredited United States medical residency or fellowship program is a member of the professions holding an advanced degree or its equivalent.''. (d) Short-Term Work Authorization for Physicians Completing Their Residencies.-- (1) In general.--A physician completing graduate medical education or training described in section 212(j) of the Immigration and Nationality Act (8 U.S.C. 1182(j)) as a nonimmigrant described in section 101(a)(15)(H)(i) of such Act (8 U.S.C. 1101(a)(15)(H)(i))-- (A) shall have such nonimmigrant status automatically extended until October 1 of the fiscal year for which a petition for a continuation of such nonimmigrant status has been submitted in a timely manner and the employment start date for the beneficiary of such petition is October 1 of that fiscal year; and (B) shall be authorized to be employed incident to status during the period between the filing of such petition and October 1 of such fiscal year. (2) Termination.--The physician's status and employment authorization shall terminate on the date that is 30 days after the date on which a petition described in paragraph (1)(A) is rejected, denied or revoked. (3) Automatic extension.--A physician's status and employment authorization will automatically extend to October 1 of the next fiscal year if all of the visas described in section 101(a)(15)(H)(i) of such Act that were authorized to be issued for the fiscal year have been issued. (e) Applicability of Section 212(e) to Spouses and Children of J-1 Exchange Visitors.--A spouse or child of an exchange visitor described in section 101(a)(15)(J) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(J)) shall not be subject to the requirements under section 212(e) of such Act (8 U.S.C. 1182(e)). SEC. 7. ANNUAL CONRAD STATE 30 J-1 VISA WAIVER PROGRAM STATISTICAL REPORT. The Director of U.S. Citizenship and Immigration Services shall submit an annual report to Congress and to the Department of Health and Human Services that identifies the number of aliens admitted during the most recently concluded fiscal year as a result of the Conrad State 30 J-1 Visa Waiver Program established under sections 212(e) and 214(l) of the Immigration and Nationality Act (8 U.S.C. 1182(e) and 1184(l)), broken down by State. <all>

Conrad State 30 and Physician Access Reauthorization Act

A bill to provide incentives to physicians to practice in rural and medically underserved communities, and for other purposes.

Conrad State 30 and Physician Access Reauthorization Act

Sen. Klobuchar, Amy

D

MN

S.2802

Transportation and Public Works

Balance the Highway Trust Fund Act This bill prohibits the Department of Transportation from obligating more funding from the Highway Trust Fund and the Mass Transit Account for federal-aid highway and highway safety construction projects and mass transit activities than the fund receives in tax revenue.

To limit spending from the Highway Trust 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 ``Balance the Highway Trust Fund Act''. SEC. 2. OBLIGATION LIMITATION. (a) General Limitation.--Subject to subsection (d) and notwithstanding any other provision of law, for each fiscal year, the obligations for Federal-aid highway and highway safety construction programs shall not exceed the net highway receipts most recently estimated by the Secretary of the Treasury for that fiscal year under section 9503(d)(1)(B) of the Internal Revenue Code of 1986. (b) Distribution of Obligation Authority.--For each fiscal year, the Secretary of Transportation (referred to in this section as the ``Secretary'')-- (1) shall not distribute obligation authority provided by subsection (a) for the fiscal year for-- (A) amounts authorized for administrative expenses and programs by section 104(a) of title 23, United States Code; and (B) amounts authorized for the Bureau of Transportation Statistics; (2) shall not distribute an amount of obligation authority provided by subsection (a) that is equal to the unobligated balance of amounts-- (A) made available from the Highway Trust Fund (other than the Mass Transit Account) for Federal-aid highway and highway safety construction programs for previous fiscal years the funds for which are allocated by the Secretary (or apportioned by the Secretary under section 202 or 204 of title 23, United States Code); and (B) for which obligation authority was provided in a previous fiscal year; (3) shall determine the proportion that-- (A) the obligation authority provided by subsection (a) for the fiscal year, less the aggregate of amounts not distributed under paragraphs (1) and (2) of this subsection; bears to (B) the total of the sums authorized to be appropriated for the Federal-aid highway and highway safety construction programs, less the aggregate of the amounts not distributed under paragraphs (1) and (2) of this subsection; (4) shall distribute the obligation authority provided by subsection (a), less the aggregate amounts not distributed under paragraphs (1) and (2), for each of the programs (other than programs to which paragraph (1) applies) that are allocated by the Secretary under this Act and title 23, United States Code, or apportioned by the Secretary under section 202 or 204 of that title, by multiplying-- (A) the proportion determined under paragraph (3); by (B) the amounts authorized to be appropriated for each such program for the fiscal year; and (5) shall distribute the obligation authority provided by subsection (a), less the aggregate amounts not distributed under paragraphs (1) and (2) and the amounts distributed under paragraph (4), for Federal-aid highway and highway safety construction programs that are apportioned by the Secretary under title 23, United States Code (other than the amounts apportioned under sections 202 and 204 of title 23, United States Code) in the proportion that-- (A) amounts authorized to be appropriated for the programs that are apportioned under title 23, United States Code, to each State for the fiscal year; bears to (B) the total of the amounts authorized to be appropriated for the programs that are apportioned under title 23, United States Code, to all States for the fiscal year. (c) Redistribution of Unused Obligation Authority.--Notwithstanding subsection (b), the Secretary shall, after August 1 of each fiscal year-- (1) revise a distribution of the obligation authority made available under subsection (b) if an amount distributed cannot be obligated during that fiscal year; and (2) redistribute sufficient amounts to those States able to obligate amounts in addition to those previously distributed during that fiscal year, giving priority to those States having large unobligated balances of funds apportioned under sections 144 (as in effect on the day before the date of enactment of MAP-21 (Public Law 112-141)) and 104 of title 23, United States Code. (d) Applicability of Obligation Limitations to Transportation Research Programs.-- (1) In general.--Except as provided in paragraph (2), obligation limitations imposed by subsection (a) shall apply to contract authority for transportation research programs carried out under chapter 5 of title 23, United States Code. (2) Exception.--Obligation authority made available under paragraph (1) shall-- (A) remain available for a period of 4 fiscal years; and (B) be in addition to the amount of any limitation imposed on obligations for Federal-aid highway and highway safety construction programs for future fiscal years. (e) Redistribution of Certain Authorized Funds.-- (1) In general.--Not later than 30 days after the date of distribution of obligation authority under subsection (b) for each fiscal year, the Secretary shall distribute to the States any funds (excluding funds authorized for the program under section 202 of title 23, United States Code) that-- (A) are authorized to be appropriated for the fiscal year for Federal-aid highway programs; and (B) the Secretary determines will not be allocated to the States (or will not be apportioned to the States under section 204 of title 23, United States Code), and will not be available for obligation, for the fiscal year because of the imposition of any obligation limitation for the fiscal year. (2) Ratio.--Funds shall be distributed under paragraph (1) in the same proportion as the distribution of obligation authority under subsection (b)(5). (3) Availability.--Funds distributed to each State under paragraph (1) shall be available for any purpose described in section 133(b) of title 23, United States Code. SEC. 3. OBLIGATION LIMITATION. Section 5338 of title 49, United States Code, is amended by adding at the end the following: ``(i) Obligation Limitation.--Notwithstanding subsection (a) or any other provision of law, for each fiscal year, the total of all obligations from amounts made available from the Mass Transit Account of the Highway Trust Fund by subsection (a) and any other provision of law shall not exceed the net mass transit receipts most recently estimated for that fiscal year by the Secretary of the Treasury under section 9503(e)(4) of the Internal Revenue Code of 1986.''. SEC. 4. EFFECTIVE DATE. This Act and the amendments made by this Act take effect October 1, 2021. <all>

Balance the Highway Trust Fund Act

A bill to limit spending from the Highway Trust Fund, and for other purposes.

Balance the Highway Trust Fund Act

Sen. Lee, Mike

R

UT

H.R.2482

Taxation

Making Imperiled Communities Resistant to Outages with Generation that is Resilient, Islandable, and Distributed Act or the MICROGRID Act This bill allows a new tax credit for investment in qualified microgrid property. The bill defines qualified microgrid as an electrical system that incorporates a microgrid controller, includes equipment that is capable of generating not less that 4 kilowatts and not greater than 50 megawatts of electricity, is capable of operating in connection with the electrical grid and as a single controllable entity with respect to such grid, and is capable of operating independently (and disconnected) from such grid.

To amend the Internal Revenue Code of 1986 to provide tax credits for microgrid property. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Making Imperiled Communities Resistant to Outages with Generation that is Resilient, Islandable, and Distributed Act'' or as the ``MICROGRID Act''. SEC. 2. TAX CREDITS FOR MICROGRID PROPERTY. (a) In General.--Subpart E of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 48C the following new section: ``SEC. 48D. MICROGRID PROPERTY. ``(a) In General.--For purposes of section 46, the microgrid property credit for any taxable year is an amount equal to the applicable percentage of the basis of the qualified microgrid property placed in service by the taxpayer during such taxable year. ``(b) Applicable Percentage.--For purposes of this section-- ``(1) In general.--The term `applicable percentage' means, with respect to qualified microgrid property which is part of any qualified microgrid, the percentage determined in accordance with the following table determined with respect to the calendar year in which construction of such qualified microgrid begins: ``In the case of calendar year: The applicable percentage is: 2025 or any prior calendar year...... 30 percent 2026................................. 26 percent 2027................................. 22 percent 2028................................. 10 percent. ``(2) Treatment of conversions.--In the case of any system which is converted into a qualified microgrid, the construction of such microgrid shall be treated for purposes of this subsection as beginning on the date on which such conversion begins. ``(c) Qualified Microgrid Property.--For purposes of this section-- ``(1) In general.--The term `qualified microgrid property' means any qualified property-- ``(A) which is part of a qualified microgrid, ``(B) either-- ``(i) the construction, reconstruction, or erection of which is completed by the taxpayer, or ``(ii) which is acquired by the taxpayer if the original use of such property commences with the taxpayer, ``(C) which is not part of a bulk-power system (as defined in section 215 of the Federal Power Act (16 U.S.C. 824o)), and ``(D) with respect to which depreciation (or amortization in lieu of depreciation) is allowable. ``(2) Qualified microgrid.--The term `qualified microgrid' means an electrical system which-- ``(A) incorporates a microgrid controller, ``(B) includes equipment which is capable of generating not less than 4 kilowatts and not greater than 50 megawatts of electricity, ``(C) is capable of operating in connection with the electrical grid and as a single controllable entity with respect to such grid, and ``(D) is capable of operating independently (and disconnected) from such grid. ``(3) Qualified property.-- ``(A) In general.--The term `qualified property' means-- ``(i) microgrid controllers, and ``(ii) electric distribution and switchgear property. ``(B) Additional considerations.--Upon consultation with the Secretary of Energy, the Secretary may determine that a qualified property under this section includes property connected to the bulk power system (as defined in section 215 of the Federal Power Act (16 U.S.C. 824o)). ``(4) Microgrid controller.--The term `microgrid controller' means, with respect to operation and islanding of a qualified microgrid, the equipment which is necessary to monitor and control the energy resources and loads on such microgrid to maintain acceptable frequency, voltage, or economic dispatch. Such term includes any software and networking hardware necessary to the operation of such equipment. ``(5) Electric distribution and switchgear property.--The term `electric distribution and switchgear property' means, with respect to operation and islanding of a qualified microgrid, the equipment which is necessary to deliver electric power from energy resources on such microgrid to loads on the same such microgrid. Such term includes breakers, fuses, wires, switchgear cabinets and bussing, paralleling switchgear, transformers, power quality correction equipment, transfer switches, disconnects, protective relays, metering equipment, and wired and wireless communications equipment necessary to the operation of such microgrid. ``(6) Treatment of spare parts.--Any qualified property which is held by the taxpayer as a spare part for possible replacement of qualified property which is part of a qualified microgrid shall not fail to be treated as part of such microgrid for purposes of this section. ``(d) Special Rules.-- ``(1) Certain progress expenditure rules made applicable.-- Rules similar to the rules of subsections (c)(4) and (d) of section 46 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990) shall apply for purposes of this section. ``(2) Denial of double benefit.--No credit shall be determined under this section with respect to the basis of any property if a credit is determined under any other section of this title with respect to such basis. ``(e) Allowance of Personal Credit for Residential Microgrids.--In the case of a qualified microgrid placed in service by any individual in the residence of such individual-- ``(1) this section shall be applied without regard to subparagraph (C) of subsection (c)(1), and ``(2) the microgrid property credit determined under this section for any taxable year with respect to qualified microgrid property (determined after application of paragraph (1)) which is part of such qualified microgrid shall be taken into account as an increase in the amount of the credit otherwise allowable to the taxpayer under section 25D for such taxable year. ``(f) Termination.--No credit shall be determined under this section with respect to any property placed in service after December 31, 2028.''. (b) Elective Payment of Credit.--Subchapter B of chapter 65 of such Code is amended by adding at the end the following new section: ``SEC. 6431. ELECTIVE PAYMENT OF MICROGRID PROPERTY CREDIT. ``(a) Energy Property.--In the case of an eligible person making an election (at such time and in such manner as the Secretary may provide) under this section with respect to any portion of the credit determined under section 48D (determined without regard to subsection (d) of this section) or any portion of the credit allowed under section 25D by reason of section 48D(e) (as so determined), such eligible person shall be treated as making a payment against the tax imposed by subtitle A for the taxable year equal to the portion to which such election applies. ``(b) Definitions and Special Rules.--For purposes of this section-- ``(1) Eligible person.--The term `eligible person' means-- ``(A) any organization exempt from tax under section 501(a), ``(B) any State or local government, or a political subdivision thereof, or any agency, authority, or instrumentality of any one or more of the foregoing, or any corporation which is wholly owned, directly or indirectly, by any one or more of the foregoing, ``(C) any Indian tribal government, ``(D) any organization described in section 1381(a)(2), and ``(E) any not-for-profit electric utility which had or has received a loan or loan guarantee under the Rural Electrification Act of 1936. ``(2) Indian tribal government.--The term `Indian tribal government' shall have the meaning given such term by section 139E. ``(3) Determination of credits.--The amount of any credit described in subsection (a) which is treated as allowed to any eligible person shall be determined for purposes of such subsection in the same manner as though such eligible person were subject to the tax imposed under chapter 1. ``(4) Timing.--The payment described in subsection (a) shall be treated as made on-- ``(A) in the case of any government, or political subdivision, to which paragraph (1) applies and for which no return is required under section 6011 or 6033(a), the later of the date that a return would be due under section 6033(a) if such government or subdivision were described in that section or the date on which such government or subdivision submits a claim for credit or refund (at such time and in such manner as the Secretary shall provide), and ``(B) in any other case, the later of the due date of the return of tax for the taxable year or the date on which such return is filed. ``(5) Waiver of special rules.--In the case of an election under this section, the determination of any applicable credit shall be without regard to paragraphs (3) and (4)(A)(i) of section 50(b). ``(6) Governmental entities treated as taxpayers.--In the case of an election under this section-- ``(A) any State or local government, or a political subdivision thereof, or ``(B) any Indian tribal government, shall, to the extent not a taxpayer as defined under section 7701(a)(14), be treated as a taxpayer for purposes of this section and determining any applicable credit. ``(c) Exclusion From Gross Income.--Gross income of the taxpayer shall be determined without regard to this section. ``(d) Denial of Double Benefit.--The credit otherwise determined under section 45D (and the credit otherwise allowed under section 25D by reason of section 48D(e)), determined without regard to this subsection, shall be reduced by the amount of the portion of such credits with respect to which the taxpayer makes the election under subsection (a).''. (c) Conforming Amendments.-- (1) Section 46 of such Code is amended by striking ``and'' at the end of paragraph (5), by striking the period at the end of paragraph (6) and inserting ``, and'', and by adding at the end the following new paragraph: ``(7) the microgrid property credit.''. (2) Section 49(a)(1)(C) of such Code is amended by striking ``and'' at the end of clause (iv), by striking the period at the end of clause (v) and inserting a comma, and by adding at the end the following new clause: ``(vi) the basis of any qualified microgrid property under section 48D.''. (3) Section 50(a)(2)(E) of such Code is amended by striking ``or 48C(b)(2)'' and inserting ``48C(b)(2), or 48D(d)(1)''. (4) The table of sections for subpart E of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 48C the following new item: ``Sec. 48D. Microgrid property.''. (5) The table of sections for subchapter B of chapter 65 of such Code is amended by adding at the end the following new item: ``Sec. 6431. Elective payment of microgrid property credit.''. (d) Effective Date.--The amendments made by this section shall apply to periods after December 31, 2020, under rules similar to the rules of section 48(m) (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990). <all>

Making Imperiled Communities Resistant to Outages with Generation that is Resilient, Islandable, and Distributed Act

To amend the Internal Revenue Code of 1986 to provide tax credits for microgrid property.

MICROGRID Act Making Imperiled Communities Resistant to Outages with Generation that is Resilient, Islandable, and Distributed Act

Rep. Panetta, Jimmy

D

CA

H.R.274

Public Lands and Natural Resources

Keep Finfish Free Act of 2021 This bill prohibits the Department of the Interior and the Department of Commerce from authorizing commercial finfish aquaculture operations in the U.S. Exclusive Economic Zone, except in accordance with a law enacted after enactment of this bill.

To prohibit the Secretary of the Interior and the Secretary of Commerce from authorizing commercial finfish aquaculture operations in the Exclusive Economic Zone except in accordance with a law authorizing such action. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Keep Finfish Free Act of 2021''. SEC. 2. PROHIBITION ON AUTHORIZING FINFISH AQUACULTURE IN THE EEZ. Notwithstanding any other provision of law, neither the Secretary of the Interior nor the Secretary of Commerce may issue any permit or in any other way authorize any person to conduct commercial finfish aquaculture operations in the Exclusive Economic Zone of the United States (as established by Proclamation Numbered 5030, dated March 10, 1983), except in accordance with a law authorizing such action that is enacted after the date of the enactment of this Act. <all>

Keep Finfish Free Act of 2021

To prohibit the Secretary of the Interior and the Secretary of Commerce from authorizing commercial finfish aquaculture operations in the Exclusive Economic Zone except in accordance with a law authorizing such action.

Keep Finfish Free Act of 2021

Rep. Young, Don

R

AK

H.R.1072

Crime and Law Enforcement

COVID-19 in Corrections Data Transparency Act This bill requires the Bureau of Prisons, the U.S. Marshal Service, and state and local correctional facilities to publish on their websites and report to the Centers for Disease Control and Prevention certain data on COVID-19 (i.e., coronavirus disease 2019) cases, vaccinations, and outcomes.

To report data on COVID-19 in Federal, State, and local correctional facilities, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``COVID-19 in Corrections Data Transparency Act''. SEC. 2. DEFINITIONS. In this Act: (1) Covid-19.--The term ``COVID-19'' means Coronavirus Disease 2019. (2) Covid-19 diagnostic test.--The term ``COVID-19 diagnostic test'' means a test-- (A) that is an in vitro diagnostic product (as defined in section 809.3 of title 21, Code of Federal Regulations, or any successor thereto) for the detection of SARS-CoV-2 or the diagnosis of the virus that causes COVID-19; and (B) the administration of which-- (i) is approved, cleared, or authorized under section 510(k), 513, 515, or 564 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360(k), 360c, 360e, 360bbb-3); (ii) the developer has requested, or intends to request, emergency use authorization under section 564 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb-3), unless and until the emergency use authorization request under such section 564 has been denied or the developer of such test does not submit a request under such section within a reasonable timeframe; (iii) is developed in and authorized by a State that has notified the Secretary of Health and Human Services of its intention to review tests intended to diagnose COVID-19; or (iv) is another test that the Secretary determines appropriate in guidance. (3) COVID-19 emergency data collection period.--The term ``COVID-19 emergency data collection period'' means the period beginning on the date of enactment of this Act and ending on the date that is 1 year after the date on which the public health emergency declaration under section 319 of the Public Health Service Act (42 U.S.C. 247d), with respect to COVID-19, terminates. (4) State or local correctional facility.--The term ``State or local correctional facility''-- (A) means a correctional facility within the jurisdiction of a State or unit of local government; and (B) includes-- (i) a municipal, regional, or county jail; (ii) a State prison; (iii) a State-run boot camp prison; (iv) a boot camp prison that is contracted out by the State; (v) a State or local contract facility; (vi) a juvenile detention facility; (vii) a juvenile secure correctional facility; and (viii) any other local or State correctional facility, including any juvenile facility. SEC. 3. BUREAU OF PRISONS AND UNITED STATES MARSHALS SERVICE DATA COLLECTION. (a) Bureau of Prisons.--The Director of the Bureau of Prisons shall-- (1) on a daily basis during the COVID-19 emergency data collection period, make available to the public on the website of the Bureau of Prisons a report on the information described in section 6, with respect to incarcerated persons and staff; and (2) not later than 14 days after the date on which the Director of the Centers for Disease Control and Prevention publishes the guidance required under section 5(a), but in no case later than 45 days after the date of enactment of this Act, and not less frequently than once every 7 days thereafter until the date on which the COVID-19 emergency data collection period ends, submit to the Director of the Centers for Disease Control and Prevention every 7 days, a report on the information described in section 6, with respect to incarcerated persons and staff. (b) United States Marshals Service.--The Director of the United States Marshals Service shall-- (1) on a daily basis during the COVID-19 emergency data collection period, make available to the public on the website of the United States Marshals Service a report on the information described in section 6, with respect to incarcerated persons in the custody of the United States Marshals Service, including individuals held at or employed by a State or local correctional facility contracted by Federal entities; and (2) not later than 14 days after the date on which the Director of the Centers for Disease Control and Prevention publishes the guidance required under section 5(a), but in no case later than 45 days after the date of enactment of this Act, and not less frequently than once every 7 days thereafter until the date on which the COVID-19 emergency data collection period ends, submit to the Director of the Centers for Disease Control and Prevention every 7 days, a report on the information described in section 6, with respect to incarcerated persons and staff. SEC. 4. STATE AND LOCAL CORRECTIONAL FACILITY DATA COLLECTION. (a) State and Local Reports.-- (1) In general.--Not later than 14 days after the date on which the Director of the Centers for Disease Control and Prevention publishes the guidance required under section 5(a), but in no case later than 45 days after the date of enactment of this Act, and not less frequently than once every 7 days thereafter until the date on which the COVID-19 emergency data collection period ends-- (A) the head of each State department of corrections and the head of each State juvenile justice agency shall make available to the public on the website of the department, and submit to the public health authority of the State, the data described in section 6, with respect to incarcerated persons and staff; and (B) the head of each State or local correctional facility shall submit to the public health authority of the State or unit of local government, as the case may be, the data described in section 6, with respect to incarcerated persons and staff. (2) Submission of information to the cdc.--Not later than 24 hours after a State or local public health authority receives data under paragraph (1), the head of the State or local public health authority shall submit the data to the Director of the Centers for Disease Control and Prevention. (3) Byrne grant amounts.-- (A) In general.--If a State or jurisdiction within a State fails to comply with the requirements under paragraphs (1) and (2) in a fiscal year, the amount the State would otherwise be awarded in the following fiscal year under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10151 et seq.) shall be reduced by 10 percent. (B) Report on compliance to doj.--For purposes of carrying out this paragraph, the Director of the Centers for Disease Control and Prevention shall, not later than 30 days after the date on which the Director first receives data from a State or local public health authority and once every 30 days thereafter, submit to the Attorney General a report detailing which States, if any, are not in compliance with this Act. (b) Authorization of Appropriations.--There is authorized to be appropriated to the Director of the Centers for Disease Control and Prevention such sums as are necessary to carry out this section. SEC. 5. CDC REPORTS. (a) Guidance.--Not later than 30 days after the date of enactment of this Act, the Director of the Centers for Disease Control and Prevention shall issue guidance for Federal, State, and local correctional facilities on-- (1) the categories of data required to be reported under this Act; and (2) how the Director will determine whether a State is in compliance with this Act. (b) Publication on Website.--Not later than 7 days after data is reported to the Centers for Disease Control and Prevention under section 3 or 4, the Director of the Centers for Disease Control and Prevention shall make the data available to the public on the website of the Centers for Disease Control and Prevention, including all data reported by the Bureau of Prisons, the United States Marshals Service, and State and local correctional facilities. (c) Reports to Congress.--Not later than 60 days after the date of enactment of this Act, and every 30 days thereafter until the date on which the COVID-19 emergency data collection period ends, the Director of the Centers for Disease Control and Prevention shall compile and submit to Congress, including the Committees on the Judiciary and Health, Education, Labor, and Pensions of the Senate and the Committees on the Judiciary and Energy and Commerce of the House of Representatives, a report on the information submitted by the Bureau of Prisons, the United States Marshals Service, and the head of each State department of corrections under sections 3 and 4, respectively. SEC. 6. COVID-19 DATA. (a) In General.--The data described in this section is the following data for each Federal, State, or local correctional facility within a State: (1) Test numbers.--COVID-19 diagnostic testing, including cumulative and new (since the previous report) counts of-- (A) the number of incarcerated persons tested for COVID-19, disaggregated by first-time COVID-19 diagnostic tests and retests; (B) the number of correctional facility staff tested for COVID-19, disaggregated by first-time COVID- 19 diagnostic tests and retests; and (C) the COVID-19 diagnostic test developer and test name for each COVID-19 diagnostic test conducted. (2) Test results.--COVID-19 diagnostic testing outcomes, including cumulative and new (since the previous report) counts of-- (A) the number of confirmed positive tests of COVID-19 among incarcerated persons, disaggregated by first-time COVID-19 diagnostic tests and retests; (B) the number of confirmed negative tests of COVID-19 among incarcerated persons, disaggregated by first-time COVID-19 diagnostic tests and retests; (C) the number of confirmed positive tests of COVID-19 among correctional facility staff, disaggregated by first-time COVID-19 diagnostic tests and retests; (D) the number of confirmed negative tests of COVID-19 among correctional facility staff, disaggregated by first-time COVID-19 diagnostic tests and retests; (E) the number of COVID-19 diagnostic tests pending results, disaggregated by incarcerated persons and correctional facility staff; (F) the average time between testing an incarcerated person for COVID-19 and receiving the results of the COVID-19 diagnostic test; and (G) the average time between testing a correctional facility employee for COVID-19 and receiving the results of the COVID-19 diagnostic test. (3) Case outcomes.--COVID-19 case outcomes, including cumulative and new (since the previous report) counts of-- (A) the number of incarcerated persons hospitalized with COVID-19; (B) the number of incarcerated persons who have recovered from COVID-19; (C) the number of incarcerated persons currently in quarantine or medical isolation for exposure to or infection with COVID-19; (D) the number of incarcerated persons who have completed quarantine or been released from medical isolation; (E) the number of incarcerated persons who have died from a case of COVID-19; (F) the number of correctional facility staff hospitalized with COVID-19; (G) the number of correctional facility staff who have recovered from COVID-19; and (H) the number of correctional facility staff who have died from a case of COVID-19. (4) Release of incarcerated persons.--In the case of incarcerated persons, data related to the release of such incarcerated persons, including individuals released to home confinement and pursuant to compassionate release, as a result of the COVID-19 public health emergency. (5) Daily population.--Average daily population, the number of individuals who were newly admitted to the facility, and the number of individuals who were released from the facility for the week preceding the COVID-19 emergency data collection period and for all weeks during this period. (6) Vaccinations.--Data related to distribution of the COVID-19 vaccine, including-- (A) the policies of the facility relating to the distribution of the COVID-19 vaccination to incarcerated persons and correctional facility staff, including how the facility is prioritizing distribution, both among correctional facility staff and incarcerated persons, and any changes or updates made to the policies; (B) the total number of COVID-19 vaccine doses that the facility has received up to the date of the report; (C) the total number and percentage of incarcerated persons who-- (i) have been offered a COVID-19 vaccine; (ii) have received a first dose of the COVID-19 vaccine up to the date of the report; (iii) are fully vaccinated, either because the person received a second dose of the COVID- 19 vaccine or because the COVID-19 vaccine the person received required only 1 dose; (iv) declined the COVID-19 vaccine; and (v) are housed in a skilled nursing level housing unit or hospice and have-- (I) not received the COVID-19 vaccine; (II) accepted the COVID-19 vaccine; and (III) decline the COVID-19 vaccine; (D) the total number and percentage of correctional facility staff-- (i) have been offered a COVID-19 vaccine; (ii) have received a first dose of the COVID-19 vaccine in up to the date of the report; (iii) are fully vaccinated, either because the person received a second dose of the COVID- 19 vaccine or because the COVID-19 vaccine the person received required only 1 dose; and (iv) declined the COVID-19 vaccine; and (E) in the case of incarcerated persons and correctional facility staff described in subparagraph (C)(iv) or (D)(iv), respectively, the 3 most common reasons given for declining the COVID-19 vaccine. (b) Disaggregation of Data.--The data described in this section shall be disaggregated by sex (including sexual orientation and gender identity), age, race, ethnicity, disability, and geography (including county and State). (c) Incarcerated Persons Data.--The data described in this section with respect to incarcerated persons who are serving a term of imprisonment and who are infected with COVID-19 shall include, to the extent practicable, the term of imprisonment imposed on such incarcerated persons and the time served on such term of imprisonment. SEC. 7. PRIVACY PROTECTIONS. Any data collected, stored, received, or published under this Act shall-- (1) be so collected, stored, received, or published in a manner that protects the privacy of individuals whose information is included in such data; (2) be de-identified or anonymized in a manner that protects the identity of all individuals whose information is included in such data; (3) comply with privacy protections provided under the regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 1320d-2 note); and (4) be limited in use for the purpose of public health and be protected from all other internal use by any entity that collects, stores, or receives the data, including use of such data in determinations of eligibility (or continued eligibility) in health plans, and from any other inappropriate uses. <all>

COVID–19 in Corrections Data Transparency Act

To report data on COVID-19 in Federal, State, and local correctional facilities, and for other purposes.

COVID–19 in Corrections Data Transparency Act

Rep. Pressley, Ayanna

D

MA

H.R.3323

Finance and Financial Sector

Federal Home Loan Banks' Mission Implementation Act This bill generally expands the ability of Federal Home Loan Banks (FHLBs) to provide advances and grants for activities related to small businesses, affordable housing, and community development. The 11 regional FHLBs serve as government-sponsored enterprises to support mortgage lending and related community investment through advances to member financial institutions. These advances are secured by assets such as mortgages and other loans. Specifically, the bill allows FHLBs to provide advances that are secured by (1) loans guaranteed by the Small Business Administration, and (2) certain loans made in response to the economic impact of the COVID-19 pandemic and guaranteed or insured by the federal government. The bill also expands the availability of advances to certain community development financial institutions and credit unions. It also gives the Federal Housing Finance Agency discretion in setting the average asset maximum for certain community financial institutions to qualify for an advance. However, this maximum must not be more than $10 billion. Currently, a community financial institution must have less than $1 billion in average total assets to qualify. Furthermore, the bill exempts from taxation for two years after the conclusion of the COVID-19 emergency period certain municipal bonds guaranteed by an FHLB. The bill also increases the percentage of earnings FHLBs must annually contribute to the Affordable Housing Program and sets aside a specified percentage to benefit tribes under this program.

To strengthen the ability of the Federal Home Loan Bank system to provide critical financing to address the economic crisis caused by the COVID-19 and to meet the short- and long-term housing and community economic development needs of low-income communities, including Tribal communities, and for other purposes. Be it enacted by the Senate 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 Home Loan Banks' Mission Implementation Act''. SEC. 2. PURPOSE. The purpose of this Act is to promote economic recovery in response to the COVID-19 pandemic and to meet the short- and long-term housing and community economic development needs of low-income communities, including Tribal communities, by-- (1) increasing the ability of the Federal Home Loan Banks to accept, as collateral, small business loans guaranteed by the Small Business Administration; (2) authorizing the Federal Home Loan Banks to accept government guaranteed loans as collateral to support COVID-19 programs; (3) allowing community development financial institutions and credit unions to pledge community financial institution collateral, such as small business, small agriculture, and community development loans, and enable the Federal Housing Finance Agency to raise the threshold for qualification as a community financial institution; (4) providing letters of credit to provide liquidity, and support, stabilize and strengthen local, Tribal, State and Federal governmental entities public unit deposits, housing and community development efforts, and vital public financing; (5) increasing funding for the Affordable Housing Program established by each Federal Home Loan Bank under section 10(j) of the Federal Home Loan Bank Act (12 U.S.C. 1430(j)) and establishing a 2-percent set aside for Native American Tribes; and (6) creating a community economic development investment program within the Federal Home Loan Bank system to generate financial opportunity, create jobs, and stimulate economic development in distressed urban, rural, Tribal, and suburban communities in the United States. SEC. 3. FHLB ADVANCES SECURED BY SBA LOANS. Section 7 of the Small Business Act (15 U.S.C. 636) is amended by adding at the end the following: ``(o) Federal Home Loan Bank Advances.-- ``(1) Definition of bank.--In this subsection, the term `Bank' means a Federal Home Loan Bank, as defined in section 2 of the Federal Home Loan Bank Act (12 U.S.C. 1422). ``(2) Advances.--A Bank that, in the exercise of its authority under section 10 of the Federal Home Loan Bank Act (12 U.S.C. 1430) to make secured advances, accepts as collateral a loan guaranteed by the Administration under this Act or any other provision of law, including loans guaranteed under section 7(a)-- ``(A) may exercise all of the rights and remedies contained in any pledge or similar security agreement between the Bank and the lending or participating institution that made or purchased the loan; and ``(B) in the event of default on the loan, shall possess the same rights and remedies as such a lending or participating institution would possess in the same circumstance, including collecting monies due on the guarantee directly from the Administration. ``(3) Transfer of guarantee.--With respect to a guaranteed loan that a Bank accepts as collateral under paragraph (2), the guarantee obligation of the Administration on the loan shall transfer to the Bank.''. SEC. 4. MAKING GOVERNMENT GUARANTEED LOANS IN RESPONSE TO THE COVID-19 CRISIS ELIGIBLE COLLATERAL FOR THE FEDERAL HOME LOAN BANKS. Section 10(a)(3) of the Federal Home Loan Bank Act (12 U.S.C. 1430(a)(3)) is amended by adding at the end the following: ``(F) Loans guaranteed or insured by the United States Government or any agency thereof and made by any member under programs or facilities established by the Secretary of the Treasury or the Board of Governors of the Federal Reserve System under the CARES Act (Public Law 116-136) or other similar programs or facilities in subsequently enacted Acts to address the impact to the economy from the COVID-19 crisis, including other similar programs or facilities established under section 13(3) of the Federal Reserve Act (12 U.S.C. 343(3)). ``(G) Loans guaranteed by the Small Business Administration under the Small Business Act (15 U.S.C. 631 et seq.) or any other provision of law.''. SEC. 5. ADDING CREDIT UNIONS TO THE DEFINITION OF COMMUNITY FINANCIAL INSTITUTIONS AND EXPANDING THE PURPOSES OF ADVANCES AND COLLATERAL AVAILABLE TO CERTAIN COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS. (a) In General.--Section 10(a) of the Federal Home Loan Bank Act (12 U.S.C. 1430(a)) is amended-- (1) in paragraph (2)(B), by inserting ``or qualifying community development financial institution'' after ``community financial institution''; and (2) in paragraph (3)(E), by inserting ``or qualifying community development financial institution'' after ``community financial institution''. (b) Definitions.--Section 2 of the Federal Home Loan Bank Act (12 U.S.C. 1422) is amended-- (1) in paragraph (10)-- (A) by striking ``institution.--'' and all that follows through ``The term'' and inserting ``institution.--The term''; (B) by striking subparagraph (B); (C) by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively, and adjusting the margins accordingly; (D) in subparagraph (A), as so redesignated, by inserting ``(12 U.S.C. 1811 et seq.) or the Federal Credit Union Act (12 U.S.C. 1751 et seq.)'' before the semicolon; and (E) in subparagraph (B), as so redesignated, by striking ``$1,000,000,000'' and inserting ``assets at a level set by the Agency, but not more than $10,000,000,000''; and (2) by adding at the end the following: ``(13) Qualifying community development financial institution.--The term `qualifying community development financial institution' means an entity that-- ``(A) has been certified as a community development financial institution (as such term is defined in section 103 of the Riegle Community Development and Regulatory Improvement Act of 1994 (12 U.S.C. 4702) by the Secretary of the Treasury; and ``(B) satisfies the average total assets threshold requirement for a community financial institution set forth in paragraph (10).''. SEC. 6. STANDBY LETTERS OF CREDIT. The Federal Home Loan Bank Act (12 U.S.C. 1421 et seq.) is amended-- (1) in section 2 (12 U.S.C. 1422), as amended by section 5 of this Act, is amended by adding at the end the following: ``(14) Employee- or community-owned company.--The term `employee- or community-owned company' means-- ``(A) an organization described in section 1381 of the Internal Revenue Code of 1986; ``(B) an eligible worker-owned cooperative, as defined in section 1042(c)(2) of the Internal Revenue Code of 1986; and ``(C) an employee stock ownership plan, as defined in section 4975(e)(7) of the Internal Revenue Code of 1986, which meets the requirements of section 409 of such Code.''; and (2) in section 11 (12 U.S.C. 1431), by adding at the end the following: ``(m) Standby Letters of Credit.-- ``(1) In general.--Each Federal Home Loan Bank is authorized to issue and confirm standby letters of credit, secured by collateral eligible to secure advances, to support any activity permitted under law or regulation applicable to the member or non-member mortgagee eligible to receive advances under section 10b, subject to safety and soundness oversight, including the purposes described in paragraph (2). ``(2) Purposes.--Each Bank is authorized to issue or confirm on behalf of members or non-member mortgagees standby letters of credit that comply with the requirements of this subsection for any of the following purposes: ``(A) To assist members or non-member mortgagees in facilitating residential housing finance. ``(B) To assist members or non-member mortgagees in facilitating community lending. ``(C) To assist members or non-member mortgagees with asset or liability management. ``(D) To provide members or non-member mortgagees with liquidity or other funding. ``(E) To assist members in facilitating business retention or facilitating business transition to employee- or community-owned companies or assisting those companies.''. SEC. 7. LETTERS OF CREDIT ON TAX EXEMPT BONDS. (a) In General.--Clause (iv) of section 149(b)(3)(A) of the Internal Revenue Code of 1986 is amended by striking ``a bond during the period beginning on the date of the enactment of this clause and ending on December 31, 2010'' and inserting ``a municipal bond (as defined in section 75(b)(1)) on or after the date of enactment of the Federal Home Loan Banks' Mission Implementation Act''. (b) Safety and Soundness Requirements.--Subparagraph (E) of section 149(b)(3) of the Internal Revenue Code of 1986 is amended by striking ``which are at least'' and all that follows through the period and inserting ``as are established by the Director of the Federal Housing Finance Agency from time to time.''. (c) Effective Date.--The amendments made by this section shall apply to guarantees made after the date of enactment of this Act. (d) Sunset.--Effective on the date that is 2 years after the date on which the Federal Emergency Management Agency terminates the emergency declared on March 13, 2020 by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 4121 et seq.) relating to the Coronavirus Disease 2019 (COVID-19) pandemic, section 149(b)(3) of the Internal Revenue Code of 1986 is amended-- (1) in subparagraph (A)(iv), by striking ``a municipal bond (as defined in section 75(b)(1)) on or after the date of enactment of the Federal Home Loan Banks' Mission Implementation Act'' and inserting ``a bond during the period beginning on the date of the enactment of this clause and ending on December 31, 2010''; and (2) in subparagraph (E), by striking ``as are established by the Director of the Federal Housing Finance Agency from time to time'' and inserting ``which are at least as stringent as such requirements which apply under regulations applicable to such guarantees by Federal home loan banks as in effect on April 9, 2008''. SEC. 8. AFFORDABLE HOUSING PROGRAM. (a) In General.--Section 10 of the Federal Home Loan Bank Act (12 U.S.C. 1430) is amended-- (1) in subsection (j)-- (A) in paragraph (3)-- (i) in the matter preceding subparagraph (A), by striking ``such as the following:'' and inserting ``such as--''; (ii) in subparagraph (A)-- (I) by inserting ``the'' before ``purchase''; and (II) by striking the comma at the end and inserting a semicolon; (iii) in subparagraph (B)-- (I) by inserting ``the'' before ``purchase''; and (II) by striking ``and'' at the end; (iv) in subparagraph (C)-- (I) by inserting ``the'' before ``purchase''; and (II) by striking the period at the end and inserting a semicolon; and (v) by adding at the end the following: ``(D) the purchase or rehabilitation of housing financed by a community land trust; and ``(E) the purchase or rehabilitation of housing in qualified manufactured home communities owned by nonprofit organizations or the residents.''; and (B) in paragraph (5)(C)-- (i) by striking ``10'' and inserting ``20''; (ii) by striking ``100,000,000'' and inserting ``200,000,000''; and (iii) by adding at the end the following: ``Of such contribution, an amount equal to not less than 2 percent of 20 percent of the preceding year's net income shall be used to support subsidized grants or advances through the Affordable Housing Program benefitting federally recognized Indian Tribes and communities, which includes awards outside of the district of a Bank.''. (b) Definitions.--Section 2 of the Federal Home Loan Bank Act (12 U.S.C. 1422), as amended by section 6 of this Act, is amended by adding at the end the following: ``(16) Manufactured home.--The term `manufactured home' has the meaning given the term in section 603 of the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5402). ``(17) Qualified manufactured home community.-- ``(A) In general.--The term `qualified manufactured home community' means-- ``(i) a cooperative controlled by residents or a nonprofit or municipal housing corporation established pursuant to the laws of the State in which the property used as a manufactured home community is located; and ``(ii)(I) in the case of a community owned by a cooperative corporation or membership nonprofit, with membership interests that are sold on a non-appreciating basis, has only 1 class of membership consisting solely of residents and homeowners that occupy a home in that manufactured home community; or ``(II) in the case of a community owned by a nonprofit corporation-- ``(aa) the nonprofit exists for the purposes of preserving and improving affordable housing and is primarily for residential purposes; and ``(bb) the intent of the nonprofit in acquiring the community is for the purposes of preserving and improving the manufactured home community. ``(B) Governance.--An entity shall not be treated as a qualified manufactured home community unless governance of the entity is carried out by members elected to a board of directors with voting structured equitably among all members.''. (c) Technical and Conforming Amendments.--Section 10 of the Federal Home Loan Bank Act (12 U.S.C. 1430) is amended-- (1) in subsection (c), by striking ``Federal home loan bank'' and inserting ``Federal Home Loan Bank''; (2) in subsection (h)(2), by striking ``section 10(a) of this Act'' and inserting ``subsection (a)''; and (3) in subsection (j)-- (A) in paragraph (2), in the matter preceding subparagraph (A), by striking ``Board's regulations'' and inserting ``regulations promulgated by the Director''; (B) in paragraph (6)-- (i) in subparagraph (A), by striking ``this paragraph'' and inserting ``paragraph (5)''; (ii) in subparagraph (C), in the second sentence, by striking ``Board's decision'' and inserting ``decision of the Director''; and (iii) in subparagraph (F), by inserting ``Notification.--'' before ``The Director''; (C) in paragraph (8), in the matter preceding subparagraph (A), by striking ``paragraph'' and inserting ``subsection''; (D) in paragraph (12)-- (i) in subparagraph (A), by inserting ``In general.--'' before ``The Director''; and (ii) in subparagraph (B), by inserting ``Analyses.--'' before ``The analyses''; and (E) in paragraph (13), in the matter preceding subparagraph (A), by striking ``subsection--'' and inserting ``subsection:''. SEC. 9. COMMUNITY INVESTMENT CASH ADVANCE AND COMMUNITY ECONOMIC DEVELOPMENT PROGRAM. (a) In General.--Section 10 of the Federal Home Loan Bank Act (12 U.S.C. 1430) is amended by inserting after subsection (e) the following: ``(f) Community Investment Cash Advance and Community Economic Development Program.-- ``(1) In general.--Pursuant to regulations promulgated by the Director, each Bank-- ``(A) may establish community investment cash advance programs to provide financing for members or nonmember mortgagees eligible to receive advances under section 10b to provide projects targeted to certain economic development activities and specific beneficiaries, including certain geographic areas and at certain targeted income levels established by the Bank with the prior approval of Director; and ``(B) shall provide targeted community economic development grants and lending. ``(2) Mixed-use projects.--With respect to a project funded under a program established under this subsection involving a combination of housing projects and economic development projects, only the economic development components of the project shall be required to meet the appropriate targeted income level for the program. ``(3) Pricing and availability of advances.--A Bank shall price advances to members under this subsection as provided in section 1266.5 of title 12, Code of Federal Regulations, or any successor regulation, and may price such advances at rates below the price of advances of similar amounts, maturities, and terms made pursuant to subsection (a). ``(4) Advances to non-member mortgagees eligible to receive advances.-- ``(A) In general.--A Bank may offer advances under a program established under this subsection to non- member mortgagees eligible to receive advances under subsection (b) at the Bank's option. ``(B) Pricing.--A Bank shall price advances under this paragraph to non-member mortgagees eligible to receive advances under section 10b as provided in section 1266.17 of title 12, Code of Federal Regulations, or any successor regulation, and may price such advances at rates below the price of advances of similar amounts, maturities, and terms made pursuant to section 10b. ``(5) Pricing pass-through.--A Bank may require that borrowers receiving advances made under a program established under this subsection pass through the benefit of any price reduction from regular advance pricing to borrowers of the Bank. ``(6) Discount fund.-- ``(A) In general.--A Bank may establish a discount fund that the Bank may use to reduce the price of advances made under a program established under this subsection below the advance prices provided for by part 1292 of title 12, Code of Federal Regulations, or any successor regulation. ``(B) Fair distribution scheme.--Price reductions made through a discount fund under subparagraph (A) shall be made in accordance with a fair distribution scheme. ``(7) Community economic developing grants and lending.-- ``(A) Definitions.--In this paragraph: ``(i) Eligible entity.--The term `eligible entity' means-- ``(I) a locally owned nonprofit organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code or a community development corporation-- ``(aa) that has experience in developing and managing economic development projects; ``(bb) that is governed by a board of directors consisting of residents of the community and business and civic leaders; and ``(cc) the principal purpose of which is to plan, develop, or manage low-income housing or community development projects; ``(II) a non-depository community development financial institution, as defined in section 103 of the Riegle Community Development and Regulatory Improvement Act of 1994 (12 U.S.C. 4702), that is certified by the Community Development Financial Institutions Fund under section 1805.201 of title 12, Code of Federal Regulations, or any successor regulation; ``(III) a federally recognized Indian Tribe or community; or ``(IV) a regional or national nonprofit community development or cooperative development intermediary. ``(ii) Low-income community.--The term `low-income community' has the meaning given the term in section 45D(e) of the Internal Revenue Code of 1986. ``(iii) Rural community.--The term `rural community' means a city, town, or Census Designated Place with a population of not more than 20,000, according to the most recent decennial census conducted by the Bureau of the Census. ``(iv) Very low-income household.--The term `very low-income household' means a household with an income that is not greater than 50 percent of the area median income. ``(B) Requirement.--Each Bank shall establish a program to provide grants or subsidize the interest rate on advances to members engaged in lending to eligible entities for economic development activities that serve low-income or rural communities. ``(C) Use of funds.--The entire amount of a grant or subsidized advance provided under this paragraph-- ``(i) shall benefit the communities assisted by the recipient of the grant or subsidized advance; ``(ii) shall not be used for the purpose of financial education or to support a sports stadium or arena; and ``(iii) shall provide at least 2 percent of grants or advance funds to benefit federally recognized Indian Tribes or communities, which may include a Bank providing grants or advance funds outside of the district of the Bank. ``(D) Eligible activities.--Economic development activities that are eligible to be carried out under this paragraph include-- ``(i) providing grants and equity investments, including those that capitalize a revolving loan fund of a Treasury-certified non-depository community development financial institution for eligible economic development activities similar to the authority provided within the Affordable Housing Program under subsection (j); ``(ii) providing awards consistent with awards provided under section 680 of the Community Block Grant Act (42 U.S.C. 9921); ``(iii) financing business transitions to worker-owned cooperatives or financing the sales of business assets to employees or community stakeholders that preserve jobs in low- and moderate-income communities; ``(iv) financing capital expenditures, such as the purchase of equipment or real property for nonprofit organizations, including child care or health care facilities in low-income communities, that provide service to low-income households; ``(v) financing operating expenses for nonprofit community development organizations engaged in community economic development activities benefitting very low-income households; ``(vi) water, road, broadband, clean energy, or municipal infrastructure investments, including investments to address climate change, in Native American tribal lands and economically distressed rural communities; ``(vii) providing community facilities or infrastructure, including public transit, green space consisting of parks with trees and shrubbery, heat-reflecting road and sidewalk upgrades, tornado shelters, public restrooms, or environmental cooling locations accessible to the public in low-income communities; and ``(viii) any other activity established by the Director in consultation with Congress, the Federal Home Loan Banks and their housing advisory councils, and the public. ``(E) Priorities for making grants and advances.-- In using amounts provided under this paragraph, each Bank member shall give priority to qualified projects such as-- ``(i) grants or advances for mixed-use housing developments that provide economic activity and affordable housing for low-income and rural communities; ``(ii) grants or advances for child care facilities that serve low-income households; ``(iii) grants or advances for programs that provide economic opportunities for formerly incarcerated individuals; ``(iv) grants or advances that enable conversion to employee- or community-owned companies or financing the sales of business assets to employees or community stakeholders; ``(v) grants or advances to established regional and national intermediary organizations that already receive Federal funds and have the capacity to deliver economic development activities to low-income households; and ``(vi) any other priority established by the Agency in consultation with the Banks, Bank members, housing advisory councils of the Banks, Congress, and the public. ``(F) Requirements for projects in rural communities.--With respect to a project carried out by an eligible entity in a rural community under this paragraph-- ``(i) not less than 51 percent of the population served by the project shall reside in the rural community; ``(ii) the projects shall primarily serve and benefit rural residents and communities; and ``(iii) the rural community shall be within the jurisdiction of the eligible entity. ``(G) Report.--Each member receiving a grant or advance under this paragraph shall report annually to the Bank making the grant or advance concerning the use by the member of the grant or advance. ``(H) Contribution to program.--Each Bank shall annually contribute 10 percent of the preceding year's net income, or such prorated sums as may be required to ensure that the aggregate contribution of the Banks shall not be less than $100,000,000 for each such year, to support grants and subsidized advances made under this paragraph.''. <all>

Federal Home Loan Banks’ Mission Implementation Act

To strengthen the ability of the Federal Home Loan Bank system to provide critical financing to address the economic crisis caused by the COVID-19 and to meet the short- and long-term housing and community economic development needs of low-income communities, including Tribal communities, and for other purposes.

Federal Home Loan Banks’ Mission Implementation Act

Rep. Torres, Ritchie

D

NY

H.R.6688

Transportation and Public Works

Negating Obligations for Transit-Oriented Developments Act or the NO TOD Act This bill restricts the use of certain transportation funds for transit-oriented development projects.

To amend title 23 and title 49, United States Code, to remove transit- oriented development projects as projects eligible for assistance under the transportation infrastructure finance and innovation program and the railroad rehabilitation and improvement financing 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 ``Negating Obligations for Transit- Oriented Developments Act'' or the ``NO TOD Act''. SEC. 2. TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION PROGRAM. (a) Generally Applicable Provisions.--Section 601(a)(12) of title 23, United States Code, is amended-- (1) by striking subparagraph (E); and (2) by redesignating subparagraphs (F) through (H) as subparagraphs (E) through (G), respectively. (b) Determination of Eligibility and Project Selection.--Section 602(a) of title 23, United States Code, is amended-- (1) in paragraph (5)(B)-- (A) by striking clause (ii); and (B) by redesignating clauses (iii) and (iv) as clauses (ii) and (iii), respectively; and (2) by adding at the end the following: ``(12) Ineligible projects.-- ``(A) In general.--Notwithstanding any other provision of law, a transit-oriented development project shall not be eligible to receive assistance under the TIFIA program. ``(B) Definition.--In this paragraph, the term `transit-oriented development project' means a project or components of a project designed for commercial or residential use.''. (c) Conforming Amendment.--Section 608(a)(4) of title 23, United States Code, is amended by striking ``(A) transit-oriented development projects.--'' and all that follows through ``(B) airport-related projects.--''. (d) Applicability.--This section and the amendments made by this section shall apply to project applications submitted on or after the date of enactment of this Act. SEC. 3. RAILROAD REHABILITATION AND IMPROVEMENT FINANCING. (a) In General.--Section 22402 of title 49, United States Code, is amended-- (1) in subsection (b)(1)-- (A) in subparagraph (D) by inserting ``or'' at the end; (B) in subparagraph (E) by striking ``; or'' and inserting a period at the end; and (C) by striking subparagraph (F); and (2) in subsection (c)(6) by striking ``and increase transit-oriented development''. (b) Applicability.--This section and the amendments made by this section shall apply to applications for direct loans or guaranteed loans submitted on or after the date of enactment of this Act. SEC. 4. ELIMINATION OF TRANSIT-ORIENTED DEVELOPMENT PLANNING PILOT PROGRAM. Section 20005 of MAP-21 (49 U.S.C. 5303 note; Public Law 112-141) is amended by striking subsection (b). <all>

NO TOD Act

To amend title 23 and title 49, United States Code, to remove transit-oriented development projects as projects eligible for assistance under the transportation infrastructure finance and innovation program and the railroad rehabilitation and improvement financing program, and for other purposes.

NO TOD Act Negating Obligations for Transit-Oriented Developments Act

Rep. Perry, Scott

R

PA

S.903

Immigration

End Child Trafficking Now Act This bill imposes restrictions related to adult aliens being admitted into the United States with a minor. An adult alien shall not be admitted with a minor unless the adult (1) presents documents and witness testimony proving that the adult is a relative or guardian of the minor, or (2) submits to a DNA test that proves such a relationship. The Department of Homeland Security shall request a DNA test only if the required relationship cannot be established by the presented documents and witness testimony. An adult alien who does not consent to a requested DNA test shall be inadmissible. If the required relationship cannot be established and the immigration officer believes the alien is guilty of a felony offense, the officer may arrest the alien adult. The bill makes it a crime for an alien adult to knowingly use a minor to whom the adult is not a relative or guardian to enter the United States.

To amend the Immigration and Nationality Act to require a DNA test to determine the familial relationship between an alien and an accompanying minor, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``End Child Trafficking Now Act''. SEC. 2. DNA TESTING. The Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended by inserting after section 211 the following: ``SEC. 211A. FAMILIAL RELATIONSHIP DOCUMENTARY REQUIREMENTS. ``(a) In General.--Except as provided in subsection (b), an alien who has attained 18 years of age may not be admitted into the United States with a minor. ``(b) Exceptions.--An alien described in subsection (a) may be admitted into the United States with a minor if-- ``(1) the alien presents to the Secretary of Homeland Security-- ``(A) one or more documents that prove that the alien is a relative or guardian of the minor; and ``(B) a witness that testifies that the alien is a relative or guardian of the minor; or ``(2) a DNA test administered by the Secretary of Health and Human Services proves that the alien is a relative of the minor. ``(c) Administration of DNA Test.--The Secretary of Homeland Security shall request, and the Secretary of Health and Human Services shall administer, a DNA test only in a case in which the Secretary of Homeland Security is unable to determine, based on the evidence presented under subsection (b)(1), that the alien is a relative or guardian of the minor accompanying the alien. ``(d) Denial of Consent.-- ``(1) Alien.--An alien described in subsection (a) is inadmissible if-- ``(A) the Secretary of Homeland Security determines that the alien has presented insufficient evidence under subsection (b)(1) to prove that the alien is a relative of the minor; and ``(B) the alien refuses to consent to a DNA test. ``(2) Minor.--A minor accompanying an alien who is inadmissible under paragraph (1) shall be treated as an unaccompanied alien child (as defined in section 462(g) of the Homeland Security Act of 2002 (6 U.S.C. 279(g))). ``(e) DNA Test Results.--In a case in which the results of the DNA test fail to prove that the alien described in subsection (a) is a relative of a minor accompanying the alien, an immigration officer shall conduct interviews as necessary to determine whether the alien is a relative or guardian of the minor. ``(f) Arrest.--An immigration officer may arrest, pursuant to section 287, an alien described in subsection (a) if the immigration officer-- ``(1) determines, after conducting interviews pursuant to subsection (e), that the alien is not related to the minor accompanying the alien; and ``(2) has reason to believe that the alien is guilty of a felony offense, including the offenses of human trafficking, recycling of a minor, and alien smuggling. ``(g) Definitions.--In this section-- ``(1) Minor.--The term `minor' means an alien who has not attained 18 years of age. ``(2) Recycling.--The term `recycling' means, with respect to a minor, that the minor is being used to enter the United States on more than 1 occasion, by an alien who has attained 18 years of age and is not the relative or the guardian of the minor; ``(3) Relative.--The term `relative' means an individual related by consanguinity within the second degree, as determined by common law.''. SEC. 3. CRIMINALIZING RECYCLING OF MINORS. (a) In General.--Chapter 69 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 1430. Recycling of minors ``(a) In General.--Whoever, being 18 years of age or over, knowingly uses, for the purpose of entering the United States, a minor to whom the individual is not a relative or guardian, shall be fined under this title, imprisoned not more than 10 years, or both. ``(b) Relative.--In this section, the term `relative' means an individual related by consanguinity within the second degree as determined by common law.''. (b) Clerical Amendment.--The table of sections for chapter 69 of title 18, United States Code, is amended by adding at the end the following new item: ``1430. Recycling of minors.''. <all>

End Child Trafficking Now Act

A bill to amend the Immigration and Nationality Act to require a DNA test to determine the familial relationship between an alien and an accompanying minor, and for other purposes.

End Child Trafficking Now Act

Sen. Blackburn, Marsha

R

TN

H.R.3453

Agriculture and Food

Anti-Hunger Pandemic Recovery Act of 2021 This bill authorizes the National Institute of Food and Agriculture to award grants to community-based nonprofit feeding and anti-hunger groups to partner with small and mid-sized restaurants or food contractors to expand meal access and food security to meet the needs of children, families, and vulnerable populations during a pandemic such as COVID-19. Grants awarded may not exceed $500,000.

To provide community-based nonprofit feeding and anti-hunger groups with funding to partner with small and mid-sized restaurants to expand meal access and delivery for low-income and vulnerable populations during, and through 1 year following the end of, a pandemic or public health emergency. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Anti-Hunger Pandemic Recovery Act of 2021''. SEC. 2. DEFINITIONS. (1) Vulnerable population.--The term ``vulnerable population'' means any person who is a member of the target population, is a low income individual, or receives a means- tested benefit as defined under this Act. (2) Grab-and-go meal.--The term ``grab-and-go meals'' refers to pre-packaged, ready to eat food that has been prepared and cooked no greater than 8 hours prior to being sealed or enclosed in a container. (3) Target population.--The term ``target population'' includes an individual who (or family that)-- (A) earns an income below 200 percent of the Federal poverty line; (B) suffers from food insecurity; (C) is homeless; (D) receives (or recently received) assistance under a State program funded under part A of title IV of the Social Security Act (42 U.S.C. et seq.), relating to temporary assistance to needy families; or (E) is eligible for benefits under any nutrition assistance or anti-poverty program. (4) Community-based nonprofit feeding and anti-hunger group.--The term ``community-based nonprofit feeding and anti- hunger group'' means an anti-hunger organization, food bank, food pantry, soup kitchen, food rescue group, or community food security organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code. (5) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (6) Low-income individual.--The term ``low-income individual'' means, with respect to any calendar year, any individual who lives in a household that has a gross income that does not exceed 300 percent of the poverty line, as defined in section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2)). (7) Homeless.--The term ``homeless'' has the meaning given such term in subtitle B of title VII of the McKinney-Vento Act and the Housing and Urban Development (HUD) definition in section 103 of subtitle I of the McKinney-Vento Act. (8) Crisis housing.--The term ``crisis housing'' means a supervised publicly or privately operated shelter designated to provide temporary living arrangements (including hotels and motels paid for by Federal, State, or local government programs for low-income individuals or by charitable organizations, congregate shelters, and transitional housing). (9) Means-tested benefit.--The term ``means-tested benefit'' means a mandatory spending program of the Federal Government for which, as determined by the Secretary, eligibility for the program's benefits, or the amount of such benefits, is determined on the basis of income or resources of the individual or family seeking the benefit. (10) Dependent.--The term ``dependent'' has the meaning given such term in section 152 of the Internal Revenue Code of 1986, except that the term also includes an individual who is not a citizen or national of the United States if such individual would otherwise be considered a dependent pursuant to such section if such individual were a citizen or national of the United States. (11) Disaster declaration.--The term ``disaster declaration'' means-- (A) an emergency involving Federal primary responsibility determined to exist by the President under section 501(b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5191(b)); (B) a national emergency declared by the President under the National Emergencies Act (50 U.S.C. 1601 et seq.); (C) an emergency declared by a Federal official with respect to coronavirus (as defined in section 506 of the Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020 (Public Law 116- 123)); (D) a public health emergency declared by the Secretary of Health and Human Services pursuant to section 319 of the Public Health Service Act (42 U.S.C. 247(d)) with respect to COVID-19 or any other coronavirus with pandemic potential; or (E) the instance a Governor requests a major disaster declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.). (12) Temporary community need.--The term ``temporary community need'' means prepared meals during the time period under which a disaster declaration is provided. Such community need shall terminate 3 years after the termination of such declaration. (13) Pandemic.--The term ``pandemic'' means a communicable disease for which the Federal Government has issued a travel alert or travel warning. SEC. 3. ANTI-HUNGER PANDEMIC RECOVERY FUND. (a) Application.--To be eligible to receive a grant to address temporary community needs under this section, a community-based nonprofit feeding and anti-hunger group shall submit to the Secretary an application that contains a description of how the applicant proposes to use the grant funds to implement the components of the temporary grant program listed in subsection (b). The application shall be submitted in such form, at such time, and containing such other information as the Secretary may require. (b) Anti-Hunger Pandemic Recovery Grant Program Components.--An application for a grant under this section shall contain an assurance that the applicant will expand the capacity of community-based nonprofit feeding and anti-hunger groups and schools to meet the needs of children, families, and vulnerable populations in a pandemic by-- (1) contracting with small and mid-sized business restaurants or small and mid-sized food contractors that are small business concerns as defined in section 3 of the Small Business Act (15 U.S.C. 632) for-- (A) preparing, cooking, and storing grab-and-go meals; (B) serving meals to vulnerable populations or make them available for pick up, or distributed in high poverty areas designated by State and local agencies; (C) bolstering food security for children, dependents, families, and the elderly in rural and hard to reach communities; (D) bolstering food security for dependents, target populations, and families in crisis housing; and (E) improving the nutrition of vulnerable populations. (c) Criteria.--In evaluating an application of a community-based nonprofit feeding and anti-hunger group to receive a grant, the Secretary shall consider criteria as the Secretary determines appropriate. (d) Grant Administration.-- (1) Amount.--A grant awarded under this section may not exceed $500,000. (2) Renewals.-- (A) In general.--The Secretary may renew a grant awarded under this section with respect to an eligible entity if the entity-- (i) submits to the Secretary an application for renewal at such time, in such manner, and containing such information as the Secretary may require; and (ii) demonstrates in such application that-- (I) grant, contract, or cooperative agreement funds made available to the entity were used in a manner required under the most recently approved application of the entity under this section; and (II) the entity has made progress in achieving the objectives of the initial application approved for the entity under this section. (B) Duration.--A grant shall be eligible for renewal so long as a disaster declaration is active on the date of the renewal application. (e) Supplement, Not Supplant, Requirement.--A grant, contract, or cooperative agreement made under this Act shall be expended to supplement, and not supplant, the expenditures of the eligible entity involved and the value of in-kind contributions. (f) Administration of Grants.--Grants made under this section shall be administered through the National Institute of Food and Agriculture. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated to carry out this section ``$2,000,000,000 for fiscal year 2022. (b) Availability.--Funds appropriated under subsection (a) shall remain available until expended. SEC. 5. RULE OF CONSTRUCTION. Nothing in this Act shall be construed to limit a community-based nonprofit feeding and anti-hunger group from receiving a grant under this Act for any vulnerable population otherwise served by such group with other Federal funds. SEC. 6. REPORTING REQUIREMENTS. (a) Best Practices.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall develop and publish a report on the best practices for community-based nonprofit feeding and anti- hunger groups to do business with the Department of Agriculture, including how to register with the Federal system of award management (SAM), how to obtain and validate a Federal Data Universal Number System (DUNS), and how to apply for a grant under section 3. Such report shall be available for public review and inspection on the public websites of the Department of Agriculture. (b) Grantees.--Not later than 3 years after the date of the enactment of this Act, an eligible entity that receives a grant under this Act shall submit to the Secretary a report that contains an evaluation of the results of the activities, including financial expenditures, made during such fiscal year to carry out the program for which such grant is received and any other data the Secretary determines to be necessary for an evaluation of the benefits of the grants awarded under this Act. (c) Annual Reports to Congress.--Not later than 4 years after the date of the enactment of this Act, the Secretary shall submit to the Committee on Agriculture of the House of Representatives a report describing-- (1) each grant application received under this Act; (2) any grants awarded under this Act, including-- (A) the name and location of the eligible entity; (B) the total amount of the grant; (C) the date on which the grant was awarded; and (D) information from reports received under subsection (b); and (3) any other data the Secretary determines to be necessary for an evaluation of benefits of the grants awarded under this Act. <all>

Anti-Hunger Pandemic Recovery Act of 2021

To provide community-based nonprofit feeding and anti-hunger groups with funding to partner with small and mid-sized restaurants to expand meal access and delivery for low-income and vulnerable populations during, and through 1 year following the end of, a pandemic or public health emergency.

Anti-Hunger Pandemic Recovery Act of 2021

Rep. Velazquez, Nydia M.

D

NY

S.4207

Taxation

COVID-19 Commuter Benefits Distribution Act This bill permits a one-time payment of unused transportation fringe benefits to a succeeding month. Under current law, such unused benefits are forfeited.

To allow for one-time distributions from certain transportation fringe benefit 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 ``COVID-19 Commuter Benefits Distribution Act''. SEC. 2. TREATMENT OF CERTAIN DISTRIBUTIONS FROM TRANSPORTATION FRINGE BENEFIT ACCOUNTS. (a) In General.--In the case of any qualified payment from a specified transportation fringe benefit account-- (1) such qualified payment shall be includible in the gross income of the employee for the taxable year in which such qualified payment is made, and (2) the determination of whether any other payment from such account is a qualified transportation fringe for purposes of section 132 of the Internal Revenue Code of 1986 shall be determined without regard to such qualified payment. (b) Qualified Payment.--For purposes of this section, the term ``qualified payment'' means a one-time payment made during the 6-month period beginning on the date of the enactment of this Act from a specified transportation fringe benefit account to the employee for whose benefit such account is maintained but only to the extent that such payment does not exceed the lesser of-- (1) the highest balance of such account during the period beginning on March 13, 2020, and ending on the date of the enactment of this Act, or (2) the balance of such account on the date of such one- time payment. (c) Specified Transportation Fringe Benefit Account.--For purposes of this section, the term ``specified transportation fringe benefit account'' means, with respect to any employee, amounts set aside by such employee's employer under a compensation reduction agreement which-- (1) provides for payments to such employee of amounts which are excludible under section 132 of the Internal Revenue Code of 1986 as a qualified transportation fringe (determined after the application of subsection (a)), and (2) provides that unused amounts at the end of a month may be carried forward to the succeeding month (subject to such requirements or limitations as such agreement, the Secretary of the Treasury, or the Secretary's delegate, may provide). <all>

COVID–19 Commuter Benefits Distribution Act

A bill to allow for one-time distributions from certain transportation fringe benefit accounts.

COVID–19 Commuter Benefits Distribution Act

Sen. Gillibrand, Kirsten E.

D

NY

S.4903

Environmental Protection

Northwest Straits Marine Conservation Initiative Reauthorization Act of 2022 This bill revises and reauthorizes the Northwest Straits Marine Conservation Initiative and its Northwest Straits Advisory Commission. The initiative and the commission work to protect and restore marine waters, habitats, and species of the Northwest Straits region.

To reauthorize the Northwest Straits Marine Conservation Initiative Act to promote the protection of the resources of the Northwest Straits, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Northwest Straits Marine Conservation Initiative Reauthorization Act of 2022''. SEC. 2. REAUTHORIZATION OF NORTHWEST STRAITS MARINE CONSERVATION INITIATIVE ACT. The Northwest Straits Marine Conservation Initiative Act (title IV of Public Law 105-384; 112 Stat. 3458) is amended-- (1) in section 402, by striking ``Commission (in this title referred to as the `Commission').'' and inserting ``Commission.''; and (2) by striking sections 403, 404, and 405 and inserting the following: ``SEC. 403. FINDINGS. ``Congress makes the following findings: ``(1) The marine waters and ecosystem of the Northwest Straits in Puget Sound in the State of Washington represent a unique resource of enormous environmental and economic value to the people of the United States. ``(2) During the 20th century, the environmental health of the Northwest Straits declined dramatically as indicated by impaired water quality, declines in marine wildlife, collapse of harvestable marine species, loss of critical marine habitats, ocean acidification, and sea level rise. ``(3) Increasingly, the Northwest Straits have been threatened by sea level rise, ocean acidification, and other effects of climate change. ``(4) This title was enacted to tap the unprecedented level of citizen stewardship demonstrated in the Northwest Straits and create a mechanism to mobilize public support and raise capacity for local efforts to protect and restore the ecosystem of the Northwest Straits. ``(5) The Northwest Straits Marine Conservation Initiative helps the National Oceanic and Atmospheric Administration and other Federal agencies with their marine missions by fostering local interest in marine issues and involving diverse communities. ``(6) The Northwest Straits Marine Conservation Initiative shares many of the same goals with the National Oceanic and Atmospheric Administration, including fostering citizen stewardship of marine resources, general ecosystem management, and protecting federally managed marine species. ``(7) Ocean literacy, kelp habitat conservation and monitoring, Veterans Conservation Corps internships, and removal of marine debris projects are examples of previous and ongoing partnerships between the Northwest Straits Marine Conservation Initiative and the National Oceanic and Atmospheric Administration. Areas of partnership may evolve with emerging opportunities. ``SEC. 404. DEFINITIONS. ``In this title: ``(1) Commission.--The term `Commission' means the Northwest Straits Advisory Commission established by section 402. ``(2) Marine resources committee.--The term `marine resources committee' means a county government committee that assists in assessing marine resource and conservation needs. ``(3) Northwest straits region.--The term `Northwest Straits region' means the marine waters of the Strait of Juan de Fuca and of Puget Sound from the Canadian border to the south end of Snohomish County. ``(4) Tribal government.--The term `Tribal government' means the recognized governing body of any Indian or Alaska Native tribe, band, nation, pueblo, village, community, component band, or component reservation individually identified (including parenthetically) in the list published most recently as of the date of enactment of the Northwest Straits Marine Conservation Initiative Reauthorization Act of 2022 pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131). ``(5) Under secretary.--The term `Under Secretary' means the Under Secretary of Commerce for Oceans and Atmosphere. ``SEC. 405. MEMBERSHIP OF THE COMMISSION. ``(a) Composition.-- ``(1) In general.--The Commission shall be composed of 14 members, except as provided in paragraph (2), who shall be appointed as follows: ``(A) One member appointed by a consensus of the members of a marine resources committee for San Juan County, Washington. ``(B) One member appointed by a consensus of the members of a marine resources committee for Island County, Washington. ``(C) One member appointed by a consensus of the members of a marine resources committee for Skagit County, Washington. ``(D) One member appointed by a consensus of the members of a marine resources committee for Whatcom County, Washington. ``(E) One member appointed by a consensus of the members of a marine resources committee for Snohomish County, Washington. ``(F) One member appointed by a consensus of the members of a marine resources committee for Clallam County, Washington. ``(G) One member appointed by a consensus of the members of a marine resources committee for Jefferson County, Washington. ``(H) Two members appointed by the Secretary of the Interior, in coordination with the Northwest Indian Fisheries Commission and in consultation with the Tribal governments affected by this title, to represent the interests of such Tribal governments. ``(I) One member appointed by the Governor of the State of Washington to represent the interests of the Puget Sound Partnership. ``(J) Four members appointed by the Governor of the State of Washington who-- ``(i) are residents of the State of Washington; and ``(ii) are not employed by a Federal, State, or local government, excluding an institution of higher education. ``(2) Additional members.--The Commission may, as determined necessary to improve the ability of the Commission to perform the duties of the Commission under section 406(b), appoint members in addition to those appointed under paragraph (1). Any such additional member shall be appointed by a consensus of the members of a marine resources committee that is not described in such paragraph. ``(b) Vacancies.--A vacancy in the Commission shall be filled in the manner in which the original appointment was made. ``(c) Chairperson.--The Commission shall select a Chairperson from among its members. ``(d) Meeting.--The Commission shall meet at the call of the Chairperson, but not less frequently than quarterly. ``(e) Liaison.-- ``(1) In general.--The Under Secretary, in consultation with the Commission, shall appoint an employee of the National Oceanic and Atmospheric Administration-- ``(A) to serve as a liaison between the Commission and the Department of Commerce; ``(B) to coordinate programs of the National Oceanic and Atmospheric Administration with activities related to the goal of the Commission described in section 406(a); and ``(C) to perform additional liaison functions benefitting the Commission and the National Oceanic and Atmospheric Administration, which may include, as agreed to by the Commission and the National Oceanic and Atmospheric Administration, attending meetings and other events of the Commission as a nonvoting participant. ``(2) Limitation.--Service as a member of the Commission by the employee appointed under paragraph (1)-- ``(A) is limited to the employee's service as a liaison; and ``(B) does not obligate the employee to perform any duty of the Commission under section 406(b). ``(f) Administration.--The Commission may enter into cooperative agreements with the State of Washington for staffing and administrative services for the purposes of supporting the duties of the Commission under section 406(b). ``SEC. 406. GOAL AND DUTIES OF THE COMMISSION. ``(a) Goal.--The goal of the Commission is to protect and restore the marine waters, habitats, and species of the Northwest Straits region to achieve ecosystem health and sustainable resource use by-- ``(1) designing and recommending projects that are driven by the best available science, local priorities, community- based decisions, and the ability to measure results; ``(2) building awareness and stewardship and making recommendations to improve the health of the marine resources of the Northwest Straits region; ``(3) maintaining and expanding diverse membership and collaboration with partner organizations, such as the Puget Sound Partnership; ``(4) expanding partnerships with Tribal governments and continuing to support Tribal treaties, cultures, and subsistence and Tribal treaty rights; and ``(5) recognizing the importance of economic and social benefits that are dependent on marine environments and sustainable marine resources. ``(b) Duties.--The duties of the Commission are the following: ``(1) To provide resources and technical support for marine resources committees. ``(2) To work with such marine resources committees and appropriate entities of Federal, State, and local governments and Tribal governments to provide advice in developing regional programs to monitor the overall health of the marine ecosystem of the Northwest Straits region. ``(3) To collect marine resources data and identify factors adversely affecting or preventing the restoration of the health of the marine ecosystem and coastal economies of the Northwest Straits region to inform decisionmakers. ``(4) To develop scientifically sound restoration and protection recommendations, informed by local priorities, that address such factors. ``(5) To serve as a public forum for the informal discussion of policies and actions, with respect to the marine ecosystem of the Northwest Straits region, of Federal, State, or local governments, Tribal governments, or the Government of Canada. ``(6) To inform appropriate authorities and local communities about the marine ecosystem of the Northwest Straits region and about issues relating to the marine ecosystem of the Northwest Straits region. ``(7) To consult with all affected Tribal governments in the Northwest Straits region to ensure that the work of the Commission does not violate Tribal treaty rights. ``(c) Coordination and Collaboration.--The Commission-- ``(1) shall carry out the duties described in subsection (b) in coordination and collaboration, as appropriate, with Federal, State, and local governments and Tribal governments, including by-- ``(A) providing technical support and assistance to any Tribal government seeking representation and participation on the Commission; and ``(B) supporting the work and duties of the liaison to the Commission under section 405(e); and ``(2) may enter into cooperative agreements with nonprofit entities, such as the Northwest Straits Foundation, to provide assistance, including financial assistance, in carrying out the duties described in subsection (b). ``(d) Limitations.--Nothing in this title provides the Commission with authority to issue regulations or implement any Federal law or regulation. ``(e) Acceptance of Donations.--For purposes of carrying out this section, the Commission may solicit, accept, receive, hold, administer, and use gifts, devises, and bequests without any further approval or administrative action. ``(f) Annual Report.-- ``(1) In general.--Each year, the Commission shall prepare, submit to the Committee on Commerce, Science, and Transportation and the Committee on Appropriations of the Senate, the Committee on Natural Resources and the Committee on Appropriations of the House of Representatives, and the Under Secretary, and make available to the public a report describing-- ``(A) the activities carried out by the Commission during the preceding year; and ``(B) the progress in achieving the benchmarks described in paragraph (2). ``(2) Benchmarks.--The benchmarks described in this paragraph are the following: ``(A) Protection and restoration of marine, coastal, and nearshore habitats within the Northwest Straits region. ``(B) Protection and restoration of marine resources populations to healthy, sustainable levels. ``(C) Improvement of the water quality of the Northwest Straits region. ``(D) Collection of high-quality data and promotion of the use and dissemination of such data for the purposes of ecosystem monitoring. ``(E) Promotion of stewardship and understanding of marine resources of the Northwest Straits region through education and outreach, including by targeted outreach to underresourced communities. ``SEC. 407. FUNDING. ``(a) Authorization of Appropriations.--There are authorized to be appropriated to the Under Secretary to carry out this title, including to be made available to the Commission to carry out the duties of the Commission under this title-- ``(1) $10,000,000 for each of the first 6 fiscal years in which funds are appropriated to carry out this section; and ``(2) such sums as may be necessary for each fiscal year after the 6 fiscal years described in paragraph (1). ``(b) Assistance.-- ``(1) In general.--The Under Secretary may, from amounts made available to the Under Secretary to carry out this title, provide assistance to the Commission in carrying out the duties of the Commission under this title. ``(2) Provision.--The Under Secretary may provide the assistance described in paragraph (1), and make available amounts to the Commission to carry out the duties of the Commission, through a contract with the Director of the Padilla Bay National Estuarine Research Reserve, unless the Governor of the State of Washington objects. If such Governor so objects, the Under Secretary may provide such assistance and make available such amounts to the Commission.''. <all>

Northwest Straits Marine Conservation Initiative Reauthorization Act of 2022

A bill to reauthorize the Northwest Straits Marine Conservation Initiative Act to promote the protection of the resources of the Northwest Straits, and for other purposes.

Northwest Straits Marine Conservation Initiative Reauthorization Act of 2022

Sen. Murray, Patty

D

WA

S.4144

Commerce

Installing Clean Efficient Energy Hastens Our Transition Act of 2022 or the ICEE HOT Act of 2022 This bill revises the State Energy Efficient Appliance Rebate Program by allowing states to provide rebates to distributors and original equipment manufacturers of certain electrical heating appliances (e.g., heat pumps, heat pump water heaters, and heat pump clothes dryers) that are made in the United States.

To amend the Energy Policy Act of 2005 to establish an energy efficient appliance rebate program to provide rebates for the manufacturing, distribution, and shipment of certain building electrification products, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Installing Clean Efficient Energy Hastens Our Transition Act of 2022'' or the ``ICEE HOT Act of 2022''. SEC. 2. FINDINGS. Congress finds that-- (1) additional measures are needed to further reduce United States and European dependence on Russia and other authoritarian petrostates while also saving money for people in the United States, protecting public health, and combating the climate crisis; (2) over the past 5 years, the United States has, on average, imported approximately 500,000 barrels of oil per day from Russia; (3) almost 40 percent, or 196,500 barrels per day, of Russian oil supplied to the United States can be replaced by swapping out the 5,300,000 residential oil heating devices in the United States with efficient electric heat pumps; (4) in 2020, 104,000 heat pump water heaters were installed in the United States; (5) in 2021, 3,900,000 air source heat pumps were installed in the United States; (6) through the modified energy efficient appliance rebate program of the Department of Energy, the United States could provide midstream incentives and upstream incentives that support and increase manufacturing capacity and supply chain security for technologies that reduce fossil fuel demand and fuel costs, such as electric heat pumps and efficient electric appliances; (7) $10,000,000,000 in midstream incentives and upstream incentives at $1,000 per unit for cold climate and $500 per unit for noncold climate would-- (A) help the manufacture of an additional 7,500,000 heat pumps in the United States; and (B) lay the groundwork to bring down manufacturing and distribution costs in the medium and long term, thus transforming the heat pump marketplace; and (8) combined with climate justice and clean energy investment, generation, and domestic manufacturing incentives, the incentives described in paragraph (6) will provide additional support for national security, climate action, and consumer protection goals. SEC. 3. ENERGY EFFICIENT APPLIANCE REBATE PROGRAM. (a) Definitions.--Section 124(a) of the Energy Policy Act of 2005 (42 U.S.C. 15821(a)) is amended-- (1) by redesignating paragraphs (1) through (5) as paragraphs (7), (8), (13), (15), and (16), respectively; (2) by inserting before paragraph (7) (as so redesignated) the following: ``(1) Disadvantaged business.--The term `disadvantaged business' means a distributor or original equipment manufacturer that is a small business participating in the minority small business and capital ownership development program of the Small Business Administration pursuant to section 8(a) of the Small Business Act (15 U.S.C. 637(a)) (commonly known as the `8(a) program'). ``(2) Disadvantaged individual.--The term `disadvantaged individual' means-- ``(A) a Black American, Hispanic American, Native American, Asian Pacific American, any other minority, or any other individual found to be disadvantaged by the Small Business Administration pursuant to section 8(a) of the Small Business Act (15 U.S.C. 637(a)); and ``(B) a woman. ``(3) Distributor.--The term `distributor' means a person to which an eligible building electrification product is delivered or sold for purposes of distribution in commerce. ``(4) Electric residential cold climate heat pump.--The term `electric residential cold climate heat pump' means a heat pump that-- ``(A) is certified under the Energy Star program; ``(B) is optimized for peak heating and part-load cooling performance; and ``(C) meets-- ``(i) the cold climate air source heat pump specifications of the Northeast Energy Efficiency Partnerships; or ``(ii) the criteria for cold climate heat pumps under the Energy Star program. ``(5) Electric residential heat pump water heater.--The term `electric residential heat pump water heater' means an electric heat pump water heater for residential use that is certified under the Energy Star program. ``(6) Eligible building electrification product.--The term `eligible building electrification product' means any of the following United States-made products: ``(A) An electric residential heat pump water heater. ``(B) An electric residential air source heat pump. ``(C) An electric residential central geothermal heat pump. ``(D) An electric residential cold climate heat pump. ``(E) An induction or noninduction electric smooth stove, flat cooktop, range, or oven. ``(F) An electric heat pump clothes dryer that-- ``(i) is certified under the Energy Star program; or ``(ii) meets a more stringent standard, as determined by the Secretary, if the Secretary determines a more stringent standard is appropriate. ``(G) A smart panel or a panel that is part of an electric load or service center upgrade. ``(H) Any other electric product, as determined by the Secretary.''; (3) by inserting after paragraph (8) (as so redesignated) the following: ``(9) Midstream rebate.--The term `midstream rebate' means a rebate provided by a State to a distributor under a State program described in subsection (b)(1)(B). ``(10) Original equipment manufacturer.--The term `original equipment manufacturer' means an entity that manufactures eligible building electrification products. ``(11) Residential air source heat pump.--The term `residential air source heat pump' means a heat pump or central air conditioner (as defined in section 321(21) of the Energy Policy and Conservation Act (42 U.S.C. 6291(21))) that-- ``(A) notwithstanding subparagraph (E) of that section, is a heating and cooling unit; and ``(B) is certified under the Energy Star program. ``(12) Residential central geothermal heat pump.--The term `residential central geothermal heat pump' has the meaning given the term `qualified geothermal heat pump property' in section 25D(d)(5)(B) of the Internal Revenue Code of 1986.''; (4) by inserting after paragraph (13) (as so redesignated) the following: ``(14) Smart panel.--The term `smart panel' means an electrical power distribution panel with an integrated communications and energy management system capable of-- ``(A) interoperability with electric utility distribution networks; and ``(B) monitoring and controlling individual circuits to ensure that the total load on the electrical service does not exceed a programmed set- point.''; and (5) by adding at the end the following: ``(17) United states-made.--The term `United States-made', with respect to an eligible building electrification product, means that not less than 55 percent of the components of the eligible building electrification product are mined, produced, or manufactured, as applicable, in the United States, as determined by the Secretary. ``(18) Upstream rebate.--The term `upstream rebate' means a rebate provided by a State to a distributor or original equipment manufacturer under a State program described in subsection (b)(1)(B).''. (b) Program.--Section 124 of the Energy Policy Act of 2005 (42 U.S.C. 15821) is amended-- (1) in subsection (b)(1)-- (A) by striking ``program to provide'' and inserting the following: ``program-- ``(A) to provide''; (B) in subparagraph (A) (as so designated), by adding ``or'' at the end after the semicolon; and (C) by adding at the end the following: ``(B) to provide midstream rebates and upstream rebates to original equipment manufacturers and distributors, as applicable, for the manufacturing, distribution, or shipment of eligible building electrification products;''; (2) in subsection (d)-- (A) by striking ``The allocation'' and inserting the following: ``(1) In general.--The allocation''; and (B) by adding at the end the following: ``(2) Disadvantaged businesses and individuals.--Of the amount used by a State to carry out a State program described in subsection (b)(1)(B), not less than 40 percent shall be used to provide midstream rebates and upstream rebates-- ``(A) to disadvantaged businesses; or ``(B) to original equipment manufacturers or distributors that employ disadvantaged individuals. ``(3) Union facilities.--Of the amount used by a State to carry out a State program described in subsection (b)(1)(B), not less than 40 percent shall be used to provide midstream rebates and upstream rebates to distributors and original equipment manufacturers, as applicable, that own or operate facilities operating under a collective bargaining agreement negotiated by a labor organization (as defined in section 2 of the National Labor Relations Act (29 U.S.C. 152)) in accordance with the requirements of section 9 of the National Labor Relations Act (29 U.S.C. 159).''; (3) in subsection (e)-- (A) by redesignating paragraphs (1) through (3) as subparagraphs (A), (C), and (D), respectively, and indenting appropriately; (B) in the matter preceding subparagraph (A) (as so redesignated), by striking ``Rebates'' in the first sentence and all that follows through ``The amount'' in the second sentence and inserting the following: ``(1) In general.--Rebates may be provided to-- ``(A) residential consumers that meet the requirements of the State program described in subsection (b)(1)(A); and ``(B) original equipment manufacturers and distributors of eligible building electrification products that meet the requirements of the State program described in subsection (b)(1)(B). ``(2) Amount.--The amount''; and (C) in paragraph (2) (as so designated)-- (i) in the matter preceding subparagraph (A) (as so redesignated), by striking ``consideration--'' and inserting ``consideration, as applicable--''; and (ii) by inserting after subparagraph (A) (as so redesignated) the following: ``(B) the amount of any Federal or State tax incentive available for the manufacturing or distribution of eligible building electrification products;''; and (4) by striking subsection (f) and inserting the following: ``(f) Administrative Requirements for Recipients of Midstream and Upstream Rebates.-- ``(1) Pass-through.-- ``(A) In general.--As a condition of receipt of a midstream rebate or upstream rebate, a distributor or original equipment manufacturer shall pass through not less than 90 percent of the value of the midstream rebate or upstream rebate, as applicable, to a distributor or other customer in the form of a reduced price for the purchase of an eligible building electrification product. ``(B) Use of remainder.--After carrying out subparagraph (A), a distributor or original equipment manufacturer may retain not more than 10 percent of the remainder of the applicable midstream rebate or upstream rebate as a processing fee. ``(2) Coordination with existing programs.--An entity that receives a midstream rebate or upstream rebate is encouraged to coordinate with Federal and State agencies, electric utilities, natural gas utilities, nonprofit organizations, and other entities carrying out other relevant Federal or State rebate programs. ``(3) No multiple midstream and upstream rebates.--An entity that receives a midstream rebate or upstream rebate for an eligible building electrification product may not receive-- ``(A) an upstream rebate or midstream rebate, respectively, for the same eligible building electrification product; or ``(B) a second midstream rebate or upstream rebate, respectively, for the same eligible building electrification product. ``(4) Taxation.--A midstream rebate or upstream rebate shall not be considered to be gross income of the recipient of the rebate for purposes of the Internal Revenue Code of 1986. ``(g) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out this section to provide allocations only to States that have established a State program described in subsection (b)(1)(B) $10,000,000,000 for the period of fiscal years 2023 through 2030.''. <all>

ICEE HOT Act of 2022

A bill to amend the Energy Policy Act of 2005 to establish an energy efficient appliance rebate program to provide rebates for the manufacturing, distribution, and shipment of certain building electrification products, and for other purposes.

ICEE HOT Act of 2022 Installing Clean Efficient Energy Hastens Our Transition Act of 2022

Sen. Markey, Edward J.

D

MA

H.R.8190

Taxation

Equal Access to Reproductive Care Act This bill includes assisted reproduction as a tax deductible medical expense. It defines assisted reproduction as any methods, treatments, procedures, and services for effectuating a pregnancy and bringing it to term, and treats it as medical care of the taxpayer, the taxpayer's spouse, or dependent to the extent that they intend to take legal custody or responsibility for any children born as a result of such assisted reproduction.

To amend the Internal Revenue Code of 1986 to treat certain assisted reproduction expenses as medical expenses of the taxpayer. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Equal Access to Reproductive Care Act''. SEC. 2. TREATMENT OF CERTAIN ASSISTED REPRODUCTION EXPENSES AS MEDICAL EXPENSES OF THE TAXPAYER. (a) In General.--Section 213(d) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(12) Assisted reproduction expenses.-- ``(A) In general.--The term `medical care' includes assisted reproduction. ``(B) Assisted reproduction defined.--The term `assisted reproduction' means any methods, treatments, procedures, and services for the purpose of effectuating a pregnancy and carrying it to term, including gamete and embryo donation, intrauterine insemination, in vitro fertilization, intracervical insemination, traditional reproductive surrogacy, and gestational reproductive surrogacy. ``(C) Coverage of surrogacy, etc.--Assisted reproduction shall be treated as medical care of the taxpayer or the taxpayer's spouse or dependent to the extent that the taxpayer or the taxpayer's spouse or dependent, respectively, intends to take legal custody or responsibility for any children born as a result of such assisted reproduction. ``(D) Coordination with certain other rules related to transportation, insurance, etc.--Assisted reproduction shall be treated as medical care referred to in paragraph (1)(A).''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act. <all>

Equal Access to Reproductive Care Act

To amend the Internal Revenue Code of 1986 to treat certain assisted reproduction expenses as medical expenses of the taxpayer.

Equal Access to Reproductive Care Act

Rep. Schiff, Adam B.

D

CA

H.R.8655

Education

Responsible Education Assistance through Loan Reforms Act This bill makes various changes to the federal student loan system, including by (1) limiting the authority of the Department of Education to issue regulations, (2) establishing a new income-based repayment plan, (3) repealing the Public Service Loan Forgiveness program for new borrowers, and (4) allowing certain workforce development programs to be eligible for Pell Grants.

To streamline and improve the Federal student loan program to protect borrowers and taxpayers, prohibit the Secretary of Education from exercising regulatory overreach and abusing its authorities granted by Congress, and extend Federal Pell Grant eligibility to certain short- term workforce development programs. 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 ``Responsible Education Assistance through Loan Reforms Act'' or the ``Responsible Education Assistance through Loan Reforms Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. References. TITLE I--LIMITS ON SECRETARIAL AUTHORITY Sec. 101. Limitation on authority of Secretary to propose or issue regulations and executive actions. TITLE II--LOAN REFORMS Part A--Current Borrowers Sec. 201. Income-contingent and income-based repayment plans. Part B--Loan Rehabilitation and Loan Limits Sec. 211. Loan rehabilitation. Sec. 212. Loan limits. Part C--Repayment Terms and Conditions for Loans Made on or After July 1, 2023 Sec. 221. Repayment terms for Federal Direct Consolidation Loans. Sec. 222. Repayment incentives. Sec. 223. Repayment plans. Sec. 224. Public service loan forgiveness. Sec. 225. Income-based repayment plan. Sec. 226. Deferment on loans made on or after July 1, 2023. Part D--Elimination of Interest Capitalization Sec. 231. Elimination of interest capitalization. TITLE III--WORKFORCE PELL GRANTS Sec. 301. Data collection and dissemination related to Workforce Pell. Sec. 302. Program eligibility for Workforce Pell grants. Sec. 304. Workforce Pell Grants. Sec. 305. Accrediting agency determination of eligibility requirements for the Workforce Pell Grants program. SEC. 2. REFERENCES. Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.). TITLE I--LIMITS ON SECRETARIAL AUTHORITY SEC. 101. LIMITATION ON AUTHORITY OF SECRETARY TO PROPOSE OR ISSUE REGULATIONS AND EXECUTIVE ACTIONS. Part G of title IV (20 U.S.C. 1088 et seq.) is amended by inserting after section 492 the following: ``SEC. 492A. LIMITATION ON AUTHORITY OF THE SECRETARY TO PROPOSE OR ISSUE REGULATIONS AND EXECUTIVE ACTIONS. ``(a) Draft Regulations.--Beginning after the date of enactment of this section, a draft regulation implementing this title (as described in section 492(b)(1)) that is determined by the Secretary to be economically significant shall be subject to the following requirements (regardless of whether negotiated rulemaking occurs): ``(1) The Secretary shall determine whether the draft regulation, if implemented, would result in an increase in a subsidy cost resulting from a loan modification. ``(2) If the Secretary determines under paragraph (1) that the draft regulation would result in an increase in a subsidy cost resulting from a loan modification, then the Secretary may take no further action with respect to such regulation. ``(b) Proposed or Final Regulations and Executive Actions.-- Beginning after the date of enactment of this section, the Secretary may not issue a proposed rule, final regulation, or executive action implementing this title if the Secretary determines that the rule, regulation, or executive action-- ``(1) is economically significant; and ``(2) would result in an increase in a subsidy cost resulting from a loan modification. ``(c) Relationship to Other Requirements.--The analyses required under subsections (a) and (b) shall be in addition to any other cost analysis required under law for a regulation implementing this title, including any cost analysis that may be required pursuant to Executive Order 12866 (58 Fed. Reg. 51735; relating to regulatory planning and review), Executive Order 13563 (76 Fed. Reg. 3821; relating to improving regulation and regulatory review), or any related or successor orders. ``(d) Definition.--In this section, the term `economically significant', when used with respect to a draft, proposed, or final regulation or executive action, means that the regulation or executive action is likely, as determined by the Secretary-- ``(1) to have an annual effect on the economy of $100,000,000 or more; or ``(2) adversely to affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities.''. TITLE II--LOAN REFORMS PART A--CURRENT BORROWERS SEC. 201. INCOME-CONTINGENT AND INCOME-BASED REPAYMENT PLANS. (a) Income-Contingent Repayment.-- (1) Excessive interest cap.--Section 455(e) (20 U.S.C. 1087e(e)) is amended by adding at the end the following: ``(9) Excessive interest cap.--The Secretary shall cancel any outstanding balance due on all loans made under this part (other than an excepted PLUS Loan or an excepted Consolidation Loan as such terms are defined in section 493C) to a borrower-- ``(A) for whom an income contingent repayment plan under this subsection is in effect, without regard to the period of time for which such plan has been so in effect for such borrower; ``(B) who, in the absence of this paragraph, would not yet be eligible for loan cancellation under such plan; and ``(C) who has repaid, pursuant to paragraph (7)-- ``(i)(I) subject to subclause (II), an amount on such loans that is equal to the total amount of principal and interest that the borrower would have repaid under a standard repayment plan under section 455(d)(1)(A), based on a 10-year repayment period, when the borrower entered repayment on such loans; or ``(II) in the case of a Federal Direct Consolidation Loan, an amount on such loan that is equal to the total amount of principal and interest that the borrower would have repaid under the repayment schedule established for such loan under section 428C(c)(2) on the date on which such loan was made; and ``(ii) an amount equal to the amount of any unpaid interest that has accrued, but was not included in the calculation of the total amount principal and interest that would have been repaid under the standard repayment plan or schedule described in clause (i)-- ``(I) during any deferment period described in clause (i) or (ii) of section 455(f)(2)(A); and ``(II) during any forbearance period while serving in a medical or dental internship or residency program as described in section 428(c)(3)(A)(i)(I); and''. (2) Excessive interest cap for distressed borrowers.-- Section 455(e) (20 U.S.C. 1087e(e)) is further amended by adding at the end the following: ``(10) Excessive interest cap for distressed borrowers.-- ``(A) In general.--The Secretary shall cancel the balance of interest due (in accordance with subparagraph (B)) on any loan made under this part (other than an excepted PLUS or excepted consolidation loan (as defined in section 493C)) to a borrower-- ``(i)(I) who has been in repayment for not less than a 10-year period on such loan; or ``(II) in the case of a Federal Direct Consolidation Loan, who has been in repayment on such loan for not less than the repayment period under the repayment schedule established for such loan under section 428C(c)(2) on the date on which such loan was made; and ``(ii) whose first monthly payment on such loan pursuant to paragraph (7) that is not less than the full amount due on such loan for such month, after the date of enactment of the REAL Reforms Act, is insufficient to cover the interest that has accrued on such loan for such month, and results in higher balance of principal and interest on such loan. ``(B) Amount of interest cancellation.--The Secretary shall cancel the obligation to repay the balance of interest due on such loan as of the time of the payment described in subparagraph (A)(ii) on such loan.''. (b) Income-Based Repayment.-- (1) Excessive interest cap.--Section 493C(b)(7)(B) (20 U.S.C. 1098e(b)(7)(B)) is amended-- (A) by redesignating clauses (i) through (v) as subclauses (I) through (V), respectively, and moving the margins accordingly; (B) by striking the following: ``(B) for a period''; and inserting the following: ``(B)(i) for a period''; (C) by inserting ``or'' at the end of clause (i)(V), as so redesignated; and (D) by adding at the end the following: ``(ii) in the absence of this clause, would not yet be eligible for loan cancellation or repayment under this paragraph, and has repaid, pursuant to clause (i)-- ``(I)(aa) subject to item (bb), an amount on such loans that is equal to the total amount of principal and interest that the borrower would have repaid under a standard repayment plan under section 428(b)(9)(A)(i) or section 455(d)(1)(A), based on a 10- year repayment period, when the borrower entered repayment on such loans; or ``(bb) in the case of a Federal Direct Consolidation Loan or a loan made under section 428C, an amount on such loan that is equal to the total amount of principal and interest that the borrower would have repaid under the repayment schedule established for such loan under section 428C(c)(2) on the date on which such loan was made; and ``(II) an amount equal to the amount of any unpaid interest that has accrued, but was not included in the calculation of the total amount principal and interest that would have been repaid under the standard repayment plan or schedule described in subclause (I)-- ``(aa) during any deferment period described in section 427(a)(2)(C)(i) or 428(b)(1)(M)(i), or clause (i) or (ii) of section 455(f)(2)(A); and ``(bb) during any forbearance period while serving in a medical or dental internship or residency program as described in section 428(c)(3)(A)(i)(I);''. (2) Clarification of repayment of part b loans.--Section 493C(b) (20 U.S.C. 1098e(b)) is further amended-- (A) by striking ``and'' at end of paragraph (8); (B) by striking the period at the end of paragraph (9); and (C) by adding the end the following: ``(10) in repaying under clause (ii) of paragraph (7)(B) the outstanding balance of principal and interest due on a loan made under part B to a borrower who meets the requirements of such clause (ii), or in repaying under subsection (g) the balance of interest due on a loan made under part B to a borrower who meets the requirements of such subsection (g), the Secretary shall-- ``(A) enter into an agreement with the holder of such loan (or, if the holder acts as an eligible lender trustee for the beneficial owner of the loan, the beneficial owner of the loan) for the purpose of assuming the repayment obligations of the borrower in accordance with subparagraph (B), except that the Secretary shall not assign to the United States the right to such loan; ``(B)(i) in the case of a repayment under paragraph (7)(B)(ii), assume the obligation of the borrower to repay the holder of such loan (or, if the holder acts as an eligible lender trustee for the beneficial owner of the loan, the beneficial owner of the loan) the total amount of principal and interest remaining to be repaid on such loan (after taking into account the amounts repaid by the borrower under paragraph (7)(B)(ii) and the Secretary under subsection (g), if applicable) according to the terms and conditions, including the repayment schedule, that were in effect with respect to such loan on the day before the Secretary assumes such obligation; or ``(ii) in the case of a repayment under subsection (g), assume the obligation of the borrower to repay the holder of such loan (or, if the holder acts as an eligible lender trustee for the beneficial owner of the loan, the beneficial owner of the loan) the balance of interest due on such loan as of the time of the payment described in subsection (g)(1)(B) on such loan according to the terms and conditions, including the repayment schedule, that were in effect with respect to such loan on the day before the Secretary assumes such obligation; and ``(C) ensure that the holder of such loan (or, if the holder acts as an eligible lender trustee for the beneficial owner of the loan, the beneficial owner of the loan) shall, upon entering into an agreement described in subparagraph (A) with respect to a loan of a borrower, reports to consumer reporting agencies that-- ``(i) in the case of a repayment under paragraph (7)(B)(ii), the borrower's liability on such loan has been discharged; and ``(ii) in the case of a repayment under subsection (g), the borrower's liability has been discharged with respect to the balance of the interest due on such loan as of the time of the payment described in subsection (g)(1)(B) on such loan.''. (3) Rules of construction.--Section 493C (20 U.S.C. 1098e) is amended by adding at the end the following: ``(f) Rules of Construction.--Nothing in subsection (b)(10) shall be construed to authorize the Secretary to-- ``(1) revoke the rights to a special allowance under section 438 of the holder (or, if the holder acts as an eligible lender trustee for the beneficial owner of the loan, the beneficial owner of the loan) of the loans being repaid by the Secretary under subsection (b)(10); ``(2) prepay such loan ahead of repayment schedule with respect to such loans described in subparagraph (B) of subsection (b)(10); or ``(3) use any authority or take any actions beyond what is authorized explicitly in subsection (b)(10).''. (4) Excessive interest cap for distressed borrowers.-- Section 493C (20 U.S.C. 1098e) is further amended by adding at the end the following: ``(g) Excessive Interest Cap for Distressed Borrowers.-- ``(1) In general.--The Secretary shall repay or cancel the balance of interest due (in accordance with paragraph (2)) on any loan made under part B or D (other than an excepted PLUS or excepted consolidation loan) to a borrower-- ``(A)(i) who has been in repayment for not less than a 10-year period on such loan; or ``(ii) in the case of a Federal Direct Consolidation Loan or a consolidation loan under section 428C, who has been in repayment on such loan for not less than the repayment period under the repayment schedule established for such loan under section 428C(c)(2) on the date on which such loan was made; and ``(B) whose first monthly payment on such loan pursuant to subsection (b)(7) that is not less than the full amount due on such loan for such month, after the date of enactment of the REAL Reforms Act, is insufficient to cover the interest that has accrued on such loan for such month, and results in higher balance of principal and interest on such loan. ``(2) Amount of interest repayment or cancellation.--The Secretary shall repay or cancel the obligation to repay the balance of interest due on such loan as of the time of the payment described in paragraph (1)(B) on such loan.''. PART B--LOAN REHABILITATION AND LOAN LIMITS SEC. 211. LOAN REHABILITATION. (a) In General.--Section 428F(a)(5) (20 U.S.C. 1078-6) is amended by striking ``one time'' and inserting ``two times''. (b) Application of Amendment.--The amendment made by this section shall apply to any borrower of a loan made, insured, or guaranteed under title IV of the Higher Education Act of 1965 before, on, or after the date of enactment of this Act. SEC. 212. LOAN LIMITS. (a) Graduate and Professional Students.-- (1) Aggregate and annual limits.--Section 455(a) (20 U.S.C. 1087e(a)) is amended-- (A) in paragraph (3)-- (i) in subparagraph (A)(ii), by inserting before the period at the end the following: ``, except that for any period of instruction beginning on or after July 1, 2023, and subject to subparagraph (D), such maximum annual amount may not exceed $25,000''; and (ii) by adding at the end the following: ``(C) Aggregate limits.--Subject to subparagraph (D), for any period of instruction beginning on or after July 1, 2023, the maximum aggregate amount of loans under this part that a graduate or professional student may borrow for enrollment in a program of graduate or professional education shall be $100,000. ``(D) Exception for certain students.--The annual and aggregate limits described in subparagraphs (A)(ii) and (C) for any period of instruction beginning on or after July 1, 2023, shall not apply to any student enrolled in a program of study as of June 30, 2023, or any loans made under this part to (or on behalf of) such student, during the period required for the completion of such program.''. (2) Termination of authority to make federal direct plus loans to graduate and professional students.--Section 455(a) (20 U.S.C. 1087e(a)) is further amended by adding at the end the following: ``(4) Termination of authority to make federal direct plus loans to graduate and professional students.-- ``(A) In general.--Notwithstanding any provision of this part or part B, and except as otherwise provided in subparagraph (B), for any period of instruction beginning on or after July 1, 2023, a graduate or professional student shall not be eligible to receive a Federal Direct PLUS Loan under this part for enrollment in a program of graduate or professional education. ``(B) Exception for certain students.--This paragraph shall not apply to any student enrolled in a program of study at an eligible institution as of June 30, 2023, or any loans made under this part to (or on behalf of) such student, during the period required for the completion of such program.''. (b) Institutionally Determined Limits.--Section 455(a) (20 U.S.C. 1087e(a)) is further amended by adding at the end the following: ``(5) Institutionally determined limits.-- ``(A) In general.--Notwithstanding any other provision of this subsection, an eligible institution (at the discretion of a financial aid administrator at the institution) may prorate or limit the amount of a loan any student (other than a student described in subparagraph (D)) who is enrolled in a program of study for a period of instruction beginning on or after July 1, 2023, at that institution, may borrow under this part for an academic year-- ``(i) if the institution can reasonably demonstrate that student debt levels are or would be excessive for such program, based on-- ``(I) the most recently available data from the Bureau of Labor Statistics for the average starting salary in the region in which the institution is located for typical occupations pursued by graduates of such program; or ``(II) the most recently available data from the College Scorecard (or successor website) on-- ``(aa) the median earnings of students who complete such program; and ``(bb) the median debt owed, and the repayment rate, on loans made under this part, of such students; ``(ii) in a case in which the student is enrolled on a less than full-time basis or the student is enrolled for less than the period of enrollment to which the annual loan limit applies under this subsection, based on the student's enrollment status; ``(iii) based on the credential level (such as a degree, certificate, or other recognized educational credential) that the student would attain upon completion of such program; or ``(iv) based on the year of the program for which the student is seeking such loan. ``(B) Application to all students.--Any proration or limiting of loan amounts under subparagraph (A) shall be applied in the same manner to all students enrolled in the institution or program of study. ``(C) Increases for individual students.--Upon the request of a student whose loan amount for an academic year has been prorated or limited under subparagraph (A), an eligible institution (at the discretion of the financial aid administrator at the institution) may increase such loan amount to an amount not exceeding the annual loan amount applicable to such student under this paragraph for such academic year if such student demonstrates special circumstances or exceptional need. ``(D) Exception for certain students.--This paragraph shall not apply to any student enrolled in a program of study at an eligible institution as of June 30, 2023, or any loans made under this part to (or on behalf of) such student, during the period required for the completion of such program.''. PART C--REPAYMENT TERMS AND CONDITIONS FOR LOANS MADE ON OR AFTER JULY 1, 2023 SEC. 221. REPAYMENT TERMS FOR FEDERAL DIRECT CONSOLIDATION LOANS. Section 428C(c) (20 U.S.C. 1078-3(c)) is amended-- (1) in paragraph (2)(A), in the first sentence of subparagraph (A), by inserting ``, including income-based repayment schedules under section 460A, in the case of Federal Direct Consolidation Loans made on or after July 1, 2023'' after ``income-based repayment schedules''; and (2) in paragraph (3)-- (A) in subparagraph (A), by inserting ``or an income-based repayment schedule under section 460A'' after ``section 493C''; and (B) in subparagraph (C), by inserting ``or an income-based repayment schedule under section 460A'' after ``section 493C''. SEC. 222. REPAYMENT INCENTIVES. (a) Amendment.--Section 455(b)(9)(C) (20 U.S.C. 1087e(b)(9)(C)) is amended by inserting ``(which in the case of a loan for which the first disbursement of principal is made on or after July 1, 2023, may not exceed than 0.25 percentage points)'' after ``interest rate reduction''. (b) Application of Amendment.--The amendment made by this section shall not apply to any borrower who is a student enrolled in a program of study at an institution of higher education (as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002)) as of June 30, 2023, or any loans made under part D of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087a et seq.) to (or on behalf of) such student, during the period required for the completion of such program. SEC. 223. REPAYMENT PLANS. Section 455(d) (20 U.S.C. 1087e(d)) is amended by adding at the end the following: ``(6) Repayment plans for loans made on or after july 1, 2023.-- ``(A) Design and selection.--Notwithstanding paragraph (1) and except as provided in subparagraph (E), the Secretary shall offer a borrower of a loan made under this part on or after July 1, 2023, two plans for repayment of such loan, including principal and interest on the loan. The borrower shall be entitled to accelerate, without penalty, repayment on such loans. The borrower may choose-- ``(i) a standard repayment plan with a fixed monthly repayment amount paid over a fixed period of time, not to exceed 10 years; or ``(ii) an income-based repayment plan under section 460A. ``(B) Selection by secretary.--If such borrower does not select a repayment plan described in subparagraph (A), the Secretary shall provide the borrower with the repayment plan described in subparagraph (A)(i). ``(C) Changes in selection.-- ``(i) In general.--Subject to clause (ii), a borrower may change the borrower's selection of a repayment plan under subparagraph (A), or the Secretary's selection of a plan for the borrower under subparagraph (B), as the case may be, under such terms and conditions as may be established by the Secretary, except that the Secretary may not establish any terms or conditions with respect to whether a borrower may change the borrower's repayment plan. Nothing in this subsection shall prohibit the Secretary from encouraging struggling borrowers from enrolling in the income-based repayment plan under section 460A. ``(ii) Same repayment plan required.--All loans made under this part on or after July 1, 2023, to a borrower shall be repaid under the same repayment plan under subparagraph (A), except that the borrower may repay an excepted PLUS loan or an excepted consolidation loan (as such terms are defined in section 493C(a)) separately from other loans made under this part to the borrower. ``(D) Repayment after default.--The Secretary may require a borrower who has defaulted on a loan made under this part on or after July 1, 2023, to-- ``(i) pay all reasonable collection costs associated with such loan; and ``(ii) repay the loan pursuant to the income-based repayment plan under section 460A. ``(E) Exception for certain borrowers.--This paragraph shall not apply to any borrower who is student who is enrolled in a program of study at an institution of higher education as of June 30, 2023, or any loans made to (or on behalf of) such borrower, during the period required for the completion of such program. ``(F) Rule of construction.--Nothing in this paragraph shall be construed to authorize, with respect to a borrower of loans made under this part on or after July 1, 2023-- ``(i) eligibility for a repayment plan that is not described in clause (i) or (ii) of subparagraph (A); or ``(ii) the Secretary to-- ``(I) carry out a repayment plan that is not described in such clause (i) or (ii); or ``(II) modify a repayment plan that is described in such clause (i) or (ii).''. SEC. 224. PUBLIC SERVICE LOAN FORGIVENESS. (a) Amendment.--Section 455(m)(3)(A) (20 U.S.C. 1087e(m)(3)(A)) is amended by inserting before the period at the end the following: ``that was made before July 1, 2023''. (b) Application of Amendment.--The amendment made by this section shall not apply to any borrower who is a student enrolled in a program of study at an institution of higher education (as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002)) as of June 30, 2023, or any loans made under part D of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087a et seq.) to (or on behalf of) such student, during the period required for the completion of such program. SEC. 225. INCOME-BASED REPAYMENT PLAN. (a) Establishment of New IBR.--Part D of title IV (20 U.S.C. 1087e et seq.) is further amended by adding at the end the following: ``SEC. 460A. INCOME-BASED REPAYMENT PROGRAM. ``(a) In General.--Notwithstanding any other provision of this Act, the Secretary shall carry out a program under which-- ``(1) a borrower (other than a borrower described in section 455(d)(6)(E)) of a loan made under this part on or after July 1, 2023, may elect to have the borrower's aggregate monthly payment for all such loans (other than an excepted PLUS Loan or excepted Consolidation Loan) made to the borrower-- ``(A) not to exceed the result obtained by dividing by 12, 15 percent of the result obtained by calculating, on at least an annual basis, the amount by which-- ``(i) the adjusted gross income of the borrower or, if the borrower is married and files a Federal income tax return jointly with or separately from the borrower's spouse, the adjusted gross income of the borrower and the borrower's spouse; exceeds ``(ii) 150 percent of the poverty line applicable to the borrower's family size as determined under section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2)); and ``(B) not to be less than $25; ``(2) the Secretary shall apply the borrower's monthly payment under this section first toward interest due on such a loan, next toward any fees due on the loan, and then toward the principal of the loan; ``(3) any principal due and not paid under paragraph (2) shall be deferred; ``(4) the amount of time the borrower makes monthly payments under paragraph (1) may exceed 10 years; ``(5) the Secretary shall cancel any outstanding balance due on all loans made on or after July 1, 2023, under this part (other than an excepted PLUS Loan or an excepted Consolidation Loan) to the borrower-- ``(A) who, at any time, elected to participate in income-based repayment under paragraph (1); ``(B) whose final monthly payment for such loans prior to the loan cancellation under this paragraph was made under such income-based repayment; and ``(C) who has repaid, pursuant to income-based repayment under paragraph (1), a standard repayment plan under section 455(d)(6)(A)(i), or a combination, or in the case of consolidation loans, a repayment schedule described in clause (i)(II)-- ``(i)(I) except as otherwise provided in subclause (II), an amount on such loans that is equal to the total amount of principal and interest that the borrower would have repaid under a standard repayment plan under section 455(d)(6)(A)(i), based on a 10-year repayment period, when the borrower entered repayment on such loans; or ``(II) in the case of a Federal Direct Consolidation Loan, an amount on such loan that is equal to the total amount of principal and interest that the borrower would have repaid under the repayment schedule established for such loan under section 428C(c)(2) on the date on which such loan was made; and ``(ii) an amount equal to the amount of any unpaid interest that has accrued, but was not included in the calculation of the total amount principal and interest that would have been repaid under the standard repayment plan or schedule described in clause (i), during any period of deferment under subparagraph (A), (B), or (F) of section 460B(b)(1); and ``(6) a borrower who is repaying a loan made under this part pursuant to income-based repayment under paragraph (1) may elect, at any time, to terminate repayment pursuant to such income-based repayment and repay such loan under the standard repayment plan. ``(b) Eligibility Determinations.--The Secretary shall establish and implement with respect to any borrower who chooses to repay a loan made under this part pursuant to income-based repayment under this section procedures to-- ``(1) use return information disclosed under section 6103(l)(13) of the Internal Revenue Code of 1986, pursuant to approval provided under section 494, to determine the repayment obligation of the borrower without further action by the borrower; ``(2) allow the borrower (or the spouse of the borrower), at any time, to opt out of disclosure under such section 6103(l)(13) and instead provide such information as the Secretary may require to determine the repayment obligation of the borrower (or withdraw from the repayment plan under this subsection); and ``(3) provide the borrower with an opportunity to update the return information so disclosed before the determination of the repayment obligation of the borrower. ``(c) Notification to Borrowers.--The Secretary shall establish procedures under which a borrower of a loan made under this part who chooses to repay such loan pursuant to income-based repayment under this section is notified of the terms and conditions of such plan, including notification that if a borrower considers that special circumstances, such as a loss of employment by the borrower or the borrower's spouse, warrant an adjustment in the borrower's loan repayment as determined using the borrower's Federal tax return information, or the alternative documentation described in subsection (b)(2), the borrower may contact the Secretary, who shall determine whether such adjustment is appropriate, in accordance with criteria established by the Secretary. ``(d) Reduced Payment Periods.-- ``(1) In general.--The Secretary shall authorize borrowers meeting the criteria under paragraph (2) to make monthly payments of $5 for a period not in excess of 3 years, except that-- ``(A) for purposes of paragraph (2)(A), the Secretary may authorize reduced payments in 6-month increments, beginning on the date the borrower provides to the Secretary the evidence described in paragraph (2)(A)(i); and ``(B) for purposes of paragraph (2)(B), the Secretary may authorize reduced payments in 3-month increments, beginning on the date the borrower provides to the Secretary the evidence described in paragraph (2)(B)(i). ``(2) Eligibility determinations.--The Secretary shall authorize borrowers to make reduced payments under this subsection in the following circumstances: ``(A) In a case of borrower who is seeking and unable to find full-time employment, as demonstrated by providing to the Secretary-- ``(i) evidence of the borrower's eligibility for unemployment benefits to the Secretary; or ``(ii) the borrower recertifies the reason for the $5 monthly payment under this subparagraph. ``(B) The Secretary determines that, due to high medical expenses, the $25 monthly payment the borrower would otherwise make would be an extreme economic hardship to the borrower, if-- ``(i) the borrower documents the reason why the $25 minimum payment is an extreme economic hardship; and ``(ii) the borrower recertifies the reason for the $5 minimum payment on a three-month basis. ``(3) Definition.--For purpose of this subsection, the term `full-time employment' means employment that will provide not less than 30 hours of work a week and is expected to continue for a period of not less than 3 months. ``(e) Definitions.--In this section: ``(1) Adjusted gross income.--The term `adjusted gross income' has the meaning given the term in section 62 of the Internal Revenue Code of 1986. ``(2) Excepted consolidation loan.--The term `excepted Consolidation Loan' means a Federal Direct Consolidation Loan, if the proceeds of such loan were used to the discharge the liability on-- ``(A) an excepted PLUS loan; or ``(B) a Federal Direct Consolidation loan, if the proceeds of such loan were used to discharge the liability on an excepted PLUS loan. ``(3) Excepted plus loan.--The term `excepted PLUS Loan' has the meaning given the term in section 493C.''. (b) Procedure and Requirements for Requesting Tax Return Information From the IRS.--Section 494(a) (20 U.S.C. 1098h(a)) is amended by adding at the end the following: ``(4) Income-based repayment for loans made on or after july 1, 2023.-- ``(A) New applicants.--In the case of any written or electronic application by an individual for an income-based repayment plan under section 460A for a loan made under part D on after July 1, 2023, the Secretary, with respect to such individual and any spouse of such individual, shall-- ``(i) provide to such individuals the notification described in paragraph (1)(A)(i); and ``(ii) require, as a condition of eligibility for such repayment plan, that such individuals-- ``(I) affirmatively approve the disclosures described in subclauses (I) and (II) of paragraph (1)(A)(i), to the extent applicable, and agree that such approval shall serve as an ongoing approval of such disclosures until the date on which the individual elects to opt out of such disclosures under section 465(b)(2); or ``(II) provide such information as the Secretary may require to confirm the eligibility of such individual for such repayment plan. ``(B) Recertifications.--With respect to the first written or electronic recertification (after the date of the enactment of the REAL Reforms Act) of an individual's income or family size for purposes of an income-based repayment plan under section 460A (entered into before the date of the enactment of the REAL Reforms Act) for a loan under part D, the Secretary, with respect to such individual and any spouse of such individual, shall meet the requirements of clauses (i) and (ii) of subparagraph (A) with respect to such recertification.''. SEC. 226. DEFERMENT ON LOANS MADE ON OR AFTER JULY 1, 2023. (a) In General.--Part D of title IV (20 U.S.C. 1087e et seq.) is further amended by adding at the end the following: ``SEC. 460B. DEFERMENT ON LOANS MADE ON OR AFTER JULY 1, 2023. ``(a) Effect on Principal and Interest.-- ``(1) In general.--A borrower (other than a borrower described in section 455(d)(6)(E)) of a loan made under this part on or after July 1, 2023-- ``(A) who meets the requirements described in subsection (b) shall be eligible for a deferment on such loan during which installments of principal need not be paid and, as specified in paragraph (2), interest shall not accrue, or shall accrue and be paid by the borrower; and ``(B) may not be eligible for a deferment or forbearance under section 455(f) or any other provision of this Act (other than forbearance under section 455(l), forbearance under section 685.205(a) of title 34, Code of Federal Regulations (or successor regulations), or deferment under section 493D). ``(2) Effect on interest.-- ``(A) No accrual of interest on subsidized loans.-- With respect to a deferment period described in subparagraphs (A) through (D) of subsection (b)(1), interest-- ``(i) shall not accrue, in the case of a-- ``(I) Federal Direct Stafford Loan; or ``(II) a Federal Direct Consolidation Loan that consolidated only Federal Direct Stafford Loans, or a combination of such loans and Federal Stafford Loans for which the student borrower received an interest subsidy under section 428; or ``(ii) shall accrue or be paid by the borrower, in the case of a Federal Direct PLUS Loan, a Federal Direct Unsubsidized Stafford Loan, or a Federal Direct Consolidation Loan not described in clause (i)(II). ``(B) Interest accrual on all loans.--With respect to a deferment period described in subparagraph (E) or (F) of subsection (b)(1), or paragraph (2), (3)(A), or (4), interest shall accrue or be paid by the borrower, in the case of any loan made under this part. ``(C) No accrual of interest on any loan.--With respect to a deferment period described in paragraph (3)(B) or paragraph (5), interest shall not accrue, in the case of any loan made under this part. ``(b) Eligibility.--Any borrower described in subsection (a) shall be eligible for a deferment on a loan made under this part on or after July 1, 2023-- ``(1) during any period during which the borrower-- ``(A) is carrying at least one-half the normal full-time work load for the course of study that the borrower is pursuing, as determined by the eligible institution the borrower is attending; ``(B) is pursuing a course of study pursuant to-- ``(i) an eligible graduate fellowship program in accordance with subsection (g); or ``(ii) an eligible rehabilitation training program for individuals with disabilities in accordance with subsection (i); ``(C) is serving on active duty during a war or other military operation or national emergency, and for the 180-day period following the demobilization date for such service; ``(D) is performing qualifying National Guard duty during a war or other military operation or national emergency, and for the 180-day period following the demobilization date for such service; ``(E) is a member of the National Guard who is not eligible for a post-active duty deferment under section 493D and is engaged in active State duty for a period of more than 30 consecutive days beginning-- ``(i) the day after 6 months after the date the student ceases to carry at least one-half the normal full-time academic workload (as determined by the institution); or ``(ii) the day after the borrower ceases enrollment on at least a half-time basis, for a loan in repayment; or ``(F) is serving in a medical or dental internship or residency program, the successful completion of which is required to begin professional practice or service, or is serving in a medical or dental internship or residency program leading to a degree or certificate awarded by an institution of higher education, a hospital, or a health care facility that offers postgraduate training; ``(2) during a period sufficient to enable the borrower to resume honoring the agreement to repay the outstanding balance of principal and interest on the loan after default, if-- ``(A) the borrower signs a new agreement to repay such outstanding balance; ``(B) the deferment period is limited to 120 days; and ``(C) such deferment is not granted for consecutive periods; ``(3) during a period of administrative deferment-- ``(A) described in paragraphs (1) through (4) of subsection (j); or ``(B) described in subsection (j)(5); ``(4) in the case of a borrower of an excepted PLUS Loan or an excepted Consolidation Loan, during a period described in subsection (k); or ``(5) during a period in which such borrower is receiving treatment for cancer (in this paragraph referred to as the `treatment period'), and the 6-month period after such treatment period (in this paragraph referred to as the `post- treatment period'), except that, notwithstanding subsection (a), interest shall not accrue during any such treatment period or post-treatment period. ``(c) Length of Deferment.--A deferment granted by the Secretary-- ``(1) under subparagraph (F) of subsection (b)(1) shall be renewable at 12 month intervals; and ``(2) under subparagraph (F) of subsection (b)(1) shall equal the length of time remaining in the borrower's medical or dental internship or residency program. ``(d) Request and Documentation.--The Secretary shall determine the eligibility of a borrower for a deferment under paragraph (1), (2), or (4) of subsection (b), based on-- ``(1) the receipt of a request for a deferment from the borrower, and documentation of the borrower's eligibility for the deferment; ``(2) receipt of a completed loan application that documents the borrower's eligibility for a deferment; ``(3) receipt of a student status information documenting that the borrower is enrolled on at least a half-time basis; or ``(4) the Secretary's confirmation of the borrower's half- time enrollment status, if the confirmation is requested by the institution of higher education. ``(e) Notification.--The Secretary shall-- ``(1) notify a borrower of a loan made under this part-- ``(A) the granting of a deferment under this subsection on such loan; and ``(B) the option of the borrower to continue making payments on the outstanding balance of principal and interest on such loan in accordance with subsection (f); ``(2) at the time the Secretary grants a deferment to a borrower of a loan made under this part, and not less frequently than once every 180 days during the period of such deferment, provide information to the borrower to assist the borrower in understanding-- ``(A) the effect of granting a deferment on the total amount to be paid under the income-based repayment plan under 460A; ``(B) interest shall not accrue, or shall accrue or be paid by the borrower, as specified in subsection (a)(2); ``(C) the amount of unpaid principal and the amount of interest that has accrued since the last statement of such amounts provided to the borrower; and ``(D) the borrower's option to discontinue the deferment at any time. ``(f) Payments by Borrowers Authorized.--A borrower may make payments on the outstanding balance of principal and interest on a loan made under this part during any period of deferment granted under this subsection. ``(g) Graduate Fellowship Deferment.-- ``(1) In general.--A borrower of a loan under this part is eligible for a deferment under subsection (b)(1)(B)(i) during any period for which an authorized official of the borrower's graduate fellowship program certifies that the borrower meets the requirements of paragraph (2) and is pursuing a course of study pursuant to an eligible graduate fellowship program. ``(2) Borrower requirements.--A borrower meets the requirements of this subparagraph if the borrower-- ``(A) holds at least a baccalaureate degree conferred by an institution of higher education; ``(B) has been accepted or recommended by an institution of higher education for acceptance on a full-time basis into an eligible graduate fellowship program; and ``(C) is not serving in a medical internship or residency program, except for a residency program in dentistry. ``(h) Treatment of Study Outside the United States.-- ``(1) In general.--The Secretary shall treat, in the same manner as required under section 428(b)(4), any course of study at a foreign university that is accepted for the completion of a recognized international fellowship program by the administrator of such a program as an eligible graduate fellowship program. ``(2) Requests for deferment.--Requests for deferment of repayment of loans under this subsection by students engaged in graduate or postgraduate fellowship-supported study (such as pursuant to a Fulbright grant) outside the United States shall be approved until completion of the period of the fellowship, in the same manner as required under section 428(b)(4). ``(i) Rehabilitation Training Program Deferment.--A borrower of a loan under this part is eligible for a deferment under subsection (b)(1)(B)(ii) during any period for which an authorized official of the borrower's rehabilitation training program certifies that the borrower is pursuing an eligible rehabilitation training program for individuals with disabilities. ``(j) Administrative Deferments.--The Secretary may grant a deferment to a borrower without requiring a request and documentation from the borrower under subsection (d) for-- ``(1) a period during which the borrower was delinquent at the time a deferment is granted, including a period for which scheduled payments of principal and interest were overdue at the time such deferment is granted; ``(2) a period during which the borrower was granted a deferment under this subsection but for which the Secretary determines the borrower should not have qualified; ``(3) a period necessary for the Secretary to determine the borrower's eligibility for the cancellation of the obligation of the borrower to repay the loan under section 437; ``(4) a period during which the Secretary has authorized deferment due to a national military mobilization or other local or national emergency; or ``(5) a period not to exceed 60 days, during which interest shall accrue but not be capitalized, if the Secretary reasonably determines that a suspension of collection activity is warranted to enable the Secretary to process supporting documentation relating to a borrower's request-- ``(A) for a deferment under this subsection; ``(B) for a change in repayment plan under section 455(d)(6); or ``(C) to consolidate loans under this part. ``(k) Deferments for Excepted PLUS Loans or Excepted Consolidation Loans.-- ``(1) In general.--A qualified borrower shall be eligible for deferments under paragraphs (3) through (5). ``(2) Qualified borrower defined.--In this subsection, the term `qualified borrower' means a borrower of an excepted PLUS Loan or an excepted consolidation loan. ``(3) Economic hardship deferment.-- ``(A) In general.--A qualified borrower shall be eligible for a deferment during periods, not to exceed 3 years in total, during which the qualified borrower experiences an economic hardship described in subparagraph (B). ``(B) Economic hardship.--An economic hardship described in this clause is a period during which the qualified borrower-- ``(i) is receiving payment under a means- tested benefit program; ``(ii) is employed full-time and the monthly gross income of the qualified borrower does not exceed the greater of-- ``(I) the minimum wage rate described in section 6 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206); or ``(II) an amount equal to 150 percent of the poverty line; or ``(iii) demonstrates that the sum of the qualified borrower's monthly payments on the qualified borrower's excepted PLUS Loan or an excepted consolidation loan is not less than 20 percent of the qualified borrower's monthly gross income. ``(C) Eligibility.--To be eligible to receive a deferment under this subparagraph, a qualified borrower shall submit to the Secretary-- ``(i) for the first period of deferment under this subparagraph, evidence showing the monthly gross income of the qualified borrower; and ``(ii) for a subsequent period of deferment that begins less than one year after the end of a period of deferment granted under this subparagraph-- ``(I) evidence showing the monthly gross income of the qualified borrower; or ``(II) the qualified borrower's most recently filed Federal income tax return, if such a return was filed in either of the two tax years preceding the year in which the qualified borrower requests the subsequent period of deferment. ``(4) Unemployment deferment.-- ``(A) In general.--A qualified borrower shall be eligible for a deferment for periods during which the qualified borrower is seeking, and is unable to find, full-time employment. ``(B) Eligibility.--To be eligible to receive an deferment under this subparagraph, a qualified borrower shall submit to the Secretary-- ``(i) evidence of the qualified borrower's eligibility for unemployment benefits; or ``(ii) for requests submitted after the initial request, written confirmation, or an equivalent as approved by the Secretary, that the qualified borrower has made at least six diligent attempts during the preceding six- month period to secure full-time employment. ``(C) Terms of deferment.--The following terms shall apply to a deferment under this subparagraph: ``(i) Initial period.--The first deferment granted to a qualified borrower under this subparagraph may be for a period of unemployment beginning not more than 6 months before the date on which the Secretary receives the qualified borrower's request for deferment and may be granted for a period of up to 6 months after that date. ``(ii) Renewals.--Deferments under this subparagraph shall be renewable at 6-month intervals beginning after the expiration of the first period of deferment under clause (i). To be eligible to renew a deferment under this subparagraph, a qualified borrower shall submit to the Secretary the information described in subparagraph (B)(i). ``(iii) Aggregate limit.--The period of all deferments granted to a borrower under this subparagraph may not exceed 3 years in aggregate. ``(5) Health deferment.-- ``(A) In general.--A qualified borrower shall be eligible for a deferment during periods in which the qualified borrower is unable to make scheduled loan payments due to high medical expenses, as determined by the Secretary. ``(B) Eligibility.--To be eligible to receive a deferment under this subparagraph, a qualified borrower shall-- ``(i) submit to the Secretary documentation demonstrating that making scheduled loan payments would be an extreme economic hardship to the borrower due to high medical expenses, as determined by the Secretary; and ``(ii) resubmit such documentation to the Secretary not less frequently than once every 3 months. ``(l) Prohibitions.-- ``(1) Prohibition on fees.--No administrative fee or other fee may be charged to the borrower in connection with the granting of a deferment under this subsection. ``(2) Prohibition on adverse credit reporting.--No adverse information relating to a borrower may be reported to a consumer reporting agency solely because of the granting of a deferment under this subsection. ``(3) Limitation on authority.--The Secretary shall not, through regulation or otherwise, authorize additional deferment options or periods of deferment other than the deferment options and periods of deferment authorized under this subsection. ``(m) Definitions.--In this section: ``(1) Eligible graduate fellowship program.--The term `eligible graduate fellowship program', when used with respect to a course of study pursued by the borrower of a loan under this part, means a fellowship program that-- ``(A) provides sufficient financial support to graduate fellows to allow for full-time study for at least six months; ``(B) requires a written statement from each applicant explaining the applicant's objectives before the award of that financial support; ``(C) requires a graduate fellow to submit periodic reports, projects, or evidence of the fellow's progress; and ``(D) in the case of a course of study at an institution of higher education outside the United States described in section 102, accepts the course of study for completion of the fellowship program. ``(2) Eligible rehabilitation training program for individuals with disabilities.--The term `eligible rehabilitation training program for individuals with disabilities', when used with respect a course of study pursued by the borrower of a loan under this part, means a program that-- ``(A) is necessary to assist an individual with a disability in preparing for, securing, retaining, or regaining employment; ``(B) is licensed, approved, certified, or otherwise recognized as providing rehabilitation training to disabled individuals by-- ``(i) a State agency with responsibility for vocational rehabilitation programs, drug abuse treatment programs, mental health services programs, or alcohol abuse treatment programs; or ``(ii) the Secretary of Veterans Affairs; and ``(C) provides or will provide the borrower with rehabilitation services under a written plan that-- ``(i) is individualized to meet the borrower's needs; ``(ii) specifies the date on which the services to the borrower are expected to end; and ``(iii) requires a commitment of time and effort from the borrower that prevents the borrower from being employed at least 30 hours per week, either because of the number of hours that must be devoted to rehabilitation or because of the nature of the rehabilitation. ``(3) Excepted plus loan; excepted consolidation loan.--The terms `excepted PLUS loan' and `excepted consolidation loan' have the meanings given such terms in section 460A. ``(4) Family size.--The term `family size' means the number that is determined by counting-- ``(A) the borrower; ``(B) the borrower's spouse; ``(C) the borrower's children, including unborn children who are expected to be born during the period covered by the deferment, if the children receive more than half their support from the borrower; and ``(D) another individual if, at the time the borrower requests a deferment under this section, the individual-- ``(i) lives with the borrower; ``(ii) receives more than half of the individual's support (which may include money, gifts, loans, housing, food, clothes, car, medical and dental care, and payment of college costs) from the borrower; and ``(iii) is expected to receive such support from the borrower during the relevant period of deferment. ``(5) Full-time.--The term `full-time', when used with respect to employment, means employment for not less than 30 hours per week that is expected to continue for not less than three months. ``(6) Means-tested benefit program.--The term `means-tested benefit program' means-- ``(A) a State public assistance program under which eligibility for the program's benefits, or the amount of such benefits, are determined on the basis of income or resources of the individual or family seeking the benefit; or ``(B) a mandatory spending program of the Federal Government, other than a program under this title, under which eligibility for the program's benefits, or the amount of such benefits, are determined on the basis of income or resources of the individual or family seeking the benefit, and may include such programs as-- ``(i) the supplemental security income program under title XVI of the Social Security Act (42 U.S.C. 1381 et seq.); ``(ii) the supplemental nutrition assistance program under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.); ``(iii) the program of block grants for States for temporary assistance for needy families established under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.); ``(iv) the special supplemental nutrition program for women, infants, and children established by section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786); and ``(v) other programs identified by the Secretary. ``(7) Monthly gross income.--The term `monthly gross income', when used with respect to a borrower, means-- ``(A) the gross amount of income received by the borrower from employment and other sources for the most recent month; or ``(B) one-twelfth of the borrower's adjusted gross income, as recorded on the borrower's most recently filed Federal income tax return. ``(8) Rule of construction.--Nothing in this section shall be construed to impact a borrower's eligibility to receive the benefit of section 455(o).''. (b) Conforming Amendment.--Section 493D(a) (20 U.S.C. 1098f(a)) is amended by inserting ``, or section 460B'' after ``464(c)(2)(A)(iii)''. PART D--ELIMINATION OF INTEREST CAPITALIZATION SEC. 231. ELIMINATION OF INTEREST CAPITALIZATION. (a) Federal PLUS Loans.--Section 428B(d)(2) (20 U.S.C. 1078- 2(d)(2)) is amended to read as follows: ``(2) No capitalization of interest.--Interest on loans made under this section for which payments of principal are deferred pursuant to paragraph (1) shall be paid monthly or quarterly, if agreed upon by the borrower and the lender.''. (b) Federal Consolidation Loans Deferrals.--Section 428C(b)(4)(C)(ii)(III) (20 U.S.C. 1078-3(b)(4)(C)(III)) is amended by striking ``or capitalized,''. (c) Loan Limits for Unsubsidized Stafford Loans.--Section 428H(d)(5) (20 U.S.C. 1078-8(d)(5)) is amended by inserting ``before the date of enactment of the REAL Reforms Act'' after ``Interest capitalized''. (d) Unsubsidized Stafford Loans for Middle Income Borrowers.-- Section 428H(e)(2) (20 U.S.C. 1078-8(e)(2)) is amended-- (1) in subparagraph (A), in the matter before clause (i), by striking ``, if agreed upon by the borrower and the lender'' and all that follows through clause (ii)(IV) and inserting ``be paid monthly or quarterly, if agreed upon by the borrower and the lender.''; (2) by striking subparagraph (B); and (3) by redesignating subparagraph (C) as subparagraph (B). (e) Income Contingent Repayment.--Section 455(e)(5) (20 U.S.C. 1087e(e)(5)) is amended by striking the last sentence and inserting ``No interest may be capitalized on such loan on or after the date of the enactment of the REAL Reforms Act, and the Secretary shall promulgate regulations with respect to the treatment of accrued interest that is not capitalized''. (f) Effect of Deferment on Principal and Interest.--Section 455(f)(1)(B) (20 U.S.C. 1087e(f)(1)(B)) is amended by striking ``capitalized or''. (g) Income-Based Repayment Program.--Section 493C(b)(3)(B) (20 U.S.C. 1098e(b)(3)(B)) is amended by inserting ``shall accrue but not'' before ``be capitalized''. TITLE III--WORKFORCE PELL GRANTS SEC. 301. DATA COLLECTION AND DISSEMINATION RELATED TO WORKFORCE PELL. Section 131 (20 U.S.C. 1015) is amended by adding at the end the following: ``(i) Data Collection and Dissemination Related to Workforce Pell.-- ``(1) Appeal of earnings information.--The Secretary may establish an appeals process to permit eligible programs for purposes of the Workforce Pell Grants program under section 401(k) to submit alternate earnings data to comply with section 481(b)(3)(F), provided that such data are statistically rigorous, accurate, comparable, and representative of students who receive a Workforce Pell Grant and complete the eligible program. ``(2) Dissemination of information.--The Secretary shall collect, verify, and make publicly available the information required under subparagraph (E) of subsection (b)(3) of section 481 on the College Scorecard or any similar successor website. ``(3) Exceptions.--Notwithstanding any other provision of this subsection, if disclosure of any data under paragraph (2) is prohibited under State or Federal privacy laws or regulations, the Secretary shall take such steps as the Secretary determines necessary to make publicly available such data in accordance with such laws and regulations.''. SEC. 302. PROGRAM ELIGIBILITY FOR WORKFORCE PELL GRANTS. Section 481(b) (20 U.S.C. 1088(b)) is amended-- (1) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and (2) by inserting after paragraph (2) the following: ``(3) A program is an eligible program for purposes of the Workforce Pell Grants program under section 401(k) only if-- ``(A) it is at least 150 clock hours of instruction, but not more than 600 clock hours of instruction, or an equivalent number of credit hours, offered during a minimum of 8 weeks, but not more than 15 weeks; ``(B) it is determined by an accrediting agency or association recognized by the Secretary pursuant to section 496(a) to-- ``(i) provide an education aligned with the requirements of in-demand industry sectors or occupations, as defined in section 3 of the Workforce Innovation and Opportunity Act; ``(ii) meet the hiring requirements of potential employers in the sectors or occupations described in clause (i); ``(iii) have been offered by an institution for not less than 1 year prior to a determination by such agency or association under this subparagraph; ``(iv) have a completion rate (based on the methodology of such agency or association) of at least 70 percent; and ``(v) have a job placement rate (based on the methodology of such agency or association) of at least 70 percent; and ``(C) the increase in median earnings of students who receive Federal financial aid under this title and who complete the program is an amount that is equal to or greater than the published tuition and fees of such program, as determined by calculating the difference between-- ``(i) the median earnings of such students at the time of initial enrollment in the program; and ``(ii) the median earnings of such students two years after completing such program.''. SEC. 303. WORKFORCE PELL GRANTS. (a) Award Year 2023-2024.--Section 401 (20 U.S.C. 1070a) is amended by adding at the end the following: ``(k) Workforce Pell Grants Program.-- ``(1) In general.--For the award year beginning on July 1, 2023, the Secretary shall award grants (referred to as a `Workforce Pell Grants') to eligible students under paragraph (2) in accordance with this subsection. ``(2) Eligible students.--For award year 2023-2024, to be eligible to receive a Workforce Pell Grant under this subsection for any period of enrollment, a student shall meet the eligibility requirements for a Federal Pell Grant under this section, except that the student-- ``(A) shall be enrolled, or accepted for enrollment, in an eligible program described in section 481(b)(3); and ``(B) may not have received a postbaccalaureate degree. ``(3) Terms and conditions of awards.--The Secretary shall award Workforce Pell Grants under this subsection in the same manner and with the same terms and conditions as the Secretary awards Federal Pell Grants under subsection (b), except that a student who is eligible for a grant equal to less than the amount of the minimum Federal Pell Grant because the eligible workforce development program in which the student is enrolled or accepted for enrollment is less than an academic year (in hours of instruction or weeks of duration) may still be eligible for a Workforce Pell Grant. ``(4) Prevention of double benefits.--No eligible student described in paragraph (2) may, for the same period of enrollment, receive both a grant under this subsection and a Federal Pell Grant under subsection (b).''. (b) Subsequent Award Years.-- (1) In general.--Section 401 (20 U.S.C. 1070a), as amended by section 703 of the FAFSA Simplification Act (title VII of division FF of Public Law 116-260), is amended by adding at the end the following: ``(k) Workforce Pell Grants Program.-- ``(1) In general.--For the award year beginning on July 1, 2024, and each subsequent award year, the Secretary shall award grants (referred to as a `Workforce Pell Grants') to eligible students under paragraph (2) in accordance with this subsection. ``(2) Eligible students.--For award year 2024-2025 and each succeeding award year, to be eligible to receive a Workforce Pell Grant under this subsection for any period of enrollment, a student shall meet the eligibility requirements for a Federal Pell Grant under this section, except that the student-- ``(A) shall be enrolled, or accepted for enrollment, in an eligible program described in section 481(b)(3); and ``(B) may not have received a postbaccalaureate degree. ``(3) Terms and conditions of awards.--The Secretary shall award Workforce Pell Grants under this subsection in the same manner and with the same terms and conditions as the Secretary awards Federal Pell Grants under subsection (b), except that a student who is eligible for a grant equal to less than the amount of the minimum Federal Pell Grant because the eligible workforce development program in which the student is enrolled or accepted for enrollment is less than an academic year (in hours of instruction or weeks of duration) may still be eligible for a Workforce Pell Grant. ``(4) Prevention of double benefits.--No eligible student described in paragraph (2) may, for the same period of enrollment, receive both a grant under this subsection and a Federal Pell Grant under subsection (b).''. (2) Effective date.--The amendment made by paragraph (1) shall take effect as if included in section 703 of the FAFSA Simplification Act (title VII of division FF of Public Law 116- 260; 134 Stat. 3191) and in accordance with section 701(b) of such Act. SEC. 304. ACCREDITING AGENCY DETERMINATION OF ELIGIBILITY REQUIREMENTS FOR THE WORKFORCE PELL GRANTS PROGRAM. (a) In General.--Section 496(a)(4) (20 U.S.C. 1099b(a)(4)) is amended-- (1) in subparagraph (A), by striking ``and'' at the end; (2) in subparagraph (B)(ii), by inserting ``and'' at the end; and (3) by adding at the end the following: ``(C) if such agency or association has or seeks to include within its scope of recognition the evaluation of the quality of institutions offering an eligible program for purposes of the Workforce Pell Grants program (in accordance with section 481(b)(3)), such agency or association shall, in addition to meeting the other requirements of this subpart, demonstrate to the Secretary that, with respect to such eligible programs-- ``(i) the agency's or association's standards include a process for determining if the institution has the capability to effectively offer such an eligible program; and ``(ii) the agency or association requires a demonstration that the program-- ``(I) satisfies the requirements of subparagraph (B) of section 481(b)(3); and ``(II) provides academic content, an amount of instructional time, and competencies to satisfy any applicable educational requirement so that a student who completes the program and seeks employment is qualified to practice or find employment in the sectors or occupations that the program prepares students to enter.''. (b) Additional NACIQI Review Meetings.--For the purpose of preparing for the implementation of the Workforce Pell Grant program under section 401(k) of the Higher Education Act of 1965 (as added by section 304), in addition to the meetings required under section 114(d)(1) of the Higher Education Act of 1965 (20 U.S.C. 1011c(d)(1)), the National Advisory Committee on Institutional Quality and Integrity (as established by such section 114) shall, through 2025, hold meetings to evaluate the additions to the scope of recognition of accrediting agencies and associations with respect to an eligible program for purposes of the Workforce Pell Grants program (in accordance with section 481(b)(3) of the Higher Education Act of 1965, as added by section 302). <all>

Responsible Education Assistance through Loan Reforms Act

To streamline and improve the Federal student loan program to protect borrowers and taxpayers, prohibit the Secretary of Education from exercising regulatory overreach and abusing its authorities granted by Congress, and extend Federal Pell Grant eligibility to certain short-term workforce development programs.

Responsible Education Assistance through Loan Reforms Act

Rep. Foxx, Virginia

R

NC

H.R.7260

Immigration

Comprehensive Southern Border Strategy Act This bill requires the Department of Homeland Security to report to Congress a comprehensive southern border strategy. The strategy must include (1) an overview of current security risks along the southern border; and (2) an assessment of the barriers, technologies, and tools that are necessary to achieve and maintain situational awareness and operational control of the border.

To require a comprehensive southern border strategy, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Comprehensive Southern Border Strategy Act''. SEC. 2. COMPREHENSIVE SOUTHERN BORDER STRATEGY. (a) Comprehensive Strategy.-- (1) Requirement.--Not later than 12 months after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a comprehensive southern border strategy. (2) Contents.--The strategy submitted under paragraph (1) shall include-- (A) a comprehensive overview of the current security risks present along the southern border, including relating to deficiencies along the physical border, aerial and maritime vulnerabilities, and the presence of illegal tunneling; (B) a substantive review of the Department of Homeland Security's technology, tools, or other devices used to combat the trafficking of drugs across the southern border, with an emphasis on fentanyl and related substances; (C) a thorough outline of the Department's technology, tools, or other devices used to combat human trafficking across the southern border by international criminal organizations; (D) a list of known physical barriers, technologies, tools, and other devices that can be used to achieve and maintain situational awareness and operational control along the southern border; (E) a projected per mile cost estimate for each physical barrier, technology, tool, and other device included on the list required under subparagraph (B); (F) a detailed account of which type of physical barrier, technology, tool, or other device the Department of Homeland Security believes is necessary to achieve and maintain situational awareness and operational control for each linear mile of the southern border; (G) an explanation for why such physical barrier, technology, tool, or other device was chosen to achieve and maintain situational awareness and operational control for each linear mile of the southern border, including-- (i) the methodology used to determine which type of physical barrier, technology, tool, or other device was chosen for such linear mile; (ii) an examination of existing manmade and natural barriers for each linear mile of the southern border; and (iii) the information collected and evaluated from-- (I) the appropriate U.S. Customs and Border Protection Sector Chief; (II) the Joint Task Force Commander; (III) the appropriate State Governor; (IV) local law enforcement officials; (V) private property owners; and (VI) other affected stakeholders; (H) a per mile cost calculation for each linear mile of the southern border given the type of physical barrier, technology, tool, or other device chosen to achieve and maintain operational control for each linear mile; and (I) a cost justification for each time a more expensive physical barrier, technology, tool, or other device is chosen over a less expensive option, as established by the per mile cost estimates required in subparagraph (B). (b) Definitions.--In this section: (1) Operational control.--The term ``operational control'' has the meaning given such term in section 2(b) of the Secure Fence Act of 2006 (8 U.S.C. 1701 note; Public Law 109-367). (2) Situational awareness.--The term ``situational awareness'' has the meaning given the term in section 1092(a)(7) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328). <all>

Comprehensive Southern Border Strategy Act

To require a comprehensive southern border strategy, and for other purposes.

Comprehensive Southern Border Strategy Act

Rep. Kim, Young

R

CA

S.188

Health

Coronavirus Containment Corps Act This bill requires the Centers for Disease Control and Prevention (CDC) to develop, within 21 days, a nationwide contact tracing strategy for COVID-19 (i.e., coronavirus disease 2019) that addresses issues including workforce needs. To implement that strategy, the bill establishes grant programs in the CDC and the Indian Health Service (IHS). It also expands programs in the Department of Labor. The CDC must award grants to state and local health departments to, among other purposes, hire and train individuals for contact tracing positions and related roles. The IHS must award similar grants to tribes and tribal organizations. Additionally, Labor must award grants for states and other jurisdictions to support recruitment and employment of dislocated workers and other individuals in public health roles. Grants and contracts that include contact tracing in their scope of work must comply with prevailing wage requirements that apply to federal service contracts. Employees who work under such grants or contracts must receive similar compensation to that prevailing in the locality where work is performed. The CDC and Labor must report certain information on specified timelines, and the Government Accountability Office must evaluate the activities of grantees.

To create a Coronavirus Containment Corps. 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 ``Coronavirus Containment Corps Act''. (b) Definitions.--In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Energy and Commerce of the House of Representatives; (B) the Committee on Education and Labor of the House of Representatives; and (C) the Committee on Health, Education, Labor, and Pensions of the Senate. (2) COVID-19 public health emergency.--The term ``COVID-19 public health emergency'' means-- (A) the public health emergency declared by the Secretary of Health and Human Services pursuant to section 319 of the Public Health Service Act (42 U.S.C. 247d) on January 31, 2020, as a result of confirmed cases of 2019 Novel Coronavirus (2019-nCoV) and any successor to such declaration; or (B) the national emergency declared by the President under the National Emergencies Act (50 U.S.C. 1601 et seq.) on March 13, 2020, as a result of confirmed cases of 2019 Novel Coronavirus (2019-nCoV). (3) Indian tribe.--The term ``Indian Tribe'' shall have the meaning given such term in the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.). (4) Secretary.--Except as otherwise provided in this Act, the term ``Secretary'' means the Secretary of Health and Human Services. (5) State.--The term ``State'' includes any of the 50 States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (6) Tribal organization.--The term ``Tribal organization'' shall have the meaning given such term in the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450 et seq.). SEC. 2. NATIONWIDE CONTACT TRACING STRATEGY. (a) In General.--Not later than 21 days after the date of enactment of this Act, the Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall-- (1) provide to the appropriate congressional committees a strategy to expand COVID-19 contact tracing; and (2) include in such strategy recommendations to augment the capacity of State, Tribal, and local public health departments to train and place individuals into a Coronavirus Containment Corps to-- (A) investigate cases of COVID-19; (B) identify the contacts of individuals confirmed or presumed to have been infected by coronavirus; (C) trace such contacts; and (D) provide supports to ensure that such contacts can take the precautions necessary to safely quarantine to stop the spread of COVID-19. (b) Consultation.--In developing the strategy under subsection (a), the Secretary shall consult with-- (1) State public health officials; (2) Tribal public health officials, Indian Tribes, and Tribal organizations; (3) local public health officials; (4) the Director of the Indian Health Service; and (5) experts with knowledge of or field experience concerning racial and ethnic disparities in public health and historically marginalized communities. (c) Requirements.--The strategy under subsection (a) shall identify-- (1) the minimum number of persons needed to investigate cases of COVID-19 and identify the contacts of individuals confirmed or presumed to have been infected by SARS-CoV-19 for each State and Indian Tribe; (2) the minimum number of contact tracers needed for each State and Indian Tribe; (3) the minimum number of specialists needed to connect contacts described in paragraph (1) to social supports to ensure those contacts can take the precautions necessary to safely quarantine to stop the spread of COVID-19 for each State and Indian Tribe; (4) the recommended qualifications necessary for case investigators, contact tracers, and social support specialists to perform such duties successfully; (5) strategies to enable State, Tribal, and local public health departments to hire, train, and deploy case investigators, contact tracers, and social support specialists; (6) strategies to rapidly develop guidance and training materials (including training on social determinants of health, cultural competency, communications skills, and implicit and explicit bias training) necessary to support public health departments in preparing individuals to serve as case investigators, contact tracers, and social support specialists; (7) plans to use mobile or app-based contact tracing technology, including-- (A) plans to prevent the misuse of data and to ensure the automatic deletion of data after the conclusion of the COVID-19 public health emergency; and (B) plans to prohibit data sharing with and within the Federal Government, with the exceptions of the Centers for Disease Control and Prevention and the Indian Health Service; (8) strategies to record and publicly report deidentified data, while protecting-- (A) the privacy of individuals and information regarding their personal health; and (B) Tribal data sovereignty; (9) protocols to limit the risks posed to individual privacy and data security, including through data minimization, anonymizing and redacting, and limitations on sharing and storing personally identifiable information; (10) strategies to monitor and evaluate best practices in contact tracing, with input from State, Tribal, and local public health departments; and (11) strategies to coordinate with State and Tribal workforce agencies to recruit newly unemployed individuals-- (A) prioritizing individuals from within the communities in which they will work; and (B) reflecting the diversity of that community. (d) Strategies To Enable Hiring, Training, and Deployment.--Not later than 7 days after the strategy under subsection (a) is provided to the appropriate congressional committees, the Secretary shall provide the strategies described in subsection (c)(5) to States and Tribes. (e) Coordination.--The Director of the Centers for Disease Control and Prevention shall coordinate with the Director of the Indian Health Service to ensure the strategy developed under this section meets the needs of Indian Tribes. SEC. 3. GRANTS TO PUBLIC HEALTH DEPARTMENTS. (a) In General.--Subject to the availability of appropriations, the Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall award a grant to each State and local public health department that seeks a grant in accordance with this section to implement the strategy under section 2(a). (b) Formula.--The Secretary shall allocate amounts made available pursuant to subsection (a) in accordance with a formula to be established by the Secretary that-- (1) provides a minimum level of funding to each grantee; and (2) allocates-- (A) additional funding among grantees based on-- (i) population, including the presence of medically underserved populations (as defined in section 330(b)(3) of the Public Health Service Act (42 U.S.C. 254b(b)));; (ii) projected need for COVID-19 in vitro diagnostic tests (as defined in section 809.3 of title 21, Code of Federal Regulations (or successor regulations)) during the period of the grant; (iii) the percentage of COVID-19 cases per 10,000 persons as of the date of submission of the application for the grant; (iv) COVID-19 case growth rate; and (v) projected number of COVID-19 cases during the period of the grant; and (B) an additional increment for States that have a plan to increase the percentage of the population that will be tested. (c) Required Uses of Funds.--Amounts made available to a grantee pursuant to subsection (a) shall be used for the following activities: (1) Costs, including wages and benefits, including health care benefits, as appropriate, related to the recruiting and hiring of individuals-- (A) to serve as case investigators, contact tracers, and social support specialists described in paragraphs (1), (2), and (3), respectively, of section 2(c); and (B) employed by-- (i) the State or local government involved; or (ii) a nonprofit organization with demonstrated expertise in implementing public health programs. (2) Supplies necessary for grantees to implement the strategy under section 2, including any supplies, equipment, including personal protective equipment, or technology for individuals serving as case investigators, contact tracers, or social support specialists. (3) Administrative costs and activities necessary for grantees to implement the strategy under section 2. (4) Development of partnerships with State, Tribal, and local workforce development systems (as defined in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102)) to provide training and supportive service for individuals serving as case investigators, contact tracers, or social support specialists. (5) Reporting to the Centers for Disease Control and Prevention on-- (A) implementation of the strategy under section 2; and (B) indicators of performance listed in section 5(c)(1). (d) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $10,000,000,000, to remain available until expended. SEC. 4. AWARDS TO TRIBES AND TRIBAL ORGANIZATIONS. (a) In General.--Subject to the availability of appropriations, the Secretary, acting through the Director of the Indian Health Service, in coordination with the Director of the Centers for Disease Control and Prevention and in consultation with Indian Tribes and Tribal organizations, shall award funds to Indian Tribes and Tribal organizations to implement the strategy under section 2. (b) Formula.--The Secretary shall allocate amounts made available pursuant to subsection (a) in accordance with a formula to be established by the Secretary in consultation with Indian Tribes and Tribal organizations that-- (1) provides a minimum level of funding to each federally recognized Indian Tribe; and (2) allocates additional funding on the basis of population. (c) Eligible Activities.--Amounts made available to an awardee pursuant to subsection (a) shall be used for the following activities: (1) Costs, including wages and benefits, including health care benefits, as appropriate, related to the recruiting and hiring of individuals-- (A) to serve as case investigators, contact tracers, and social support specialists, which may include community health representatives, described in paragraphs (1), (2), and (3), respectively, of section 2(c); and (B) employed by-- (i) the Tribal government involved; or (ii) a nonprofit organization with demonstrated expertise in implementing public health programs. (2) Supplies necessary for awardees to implement the strategy under section 2, including any supplies, equipment, including personal protective equipment, or technology for individuals serving as case investigators, contact tracers, or social support specialists. (3) Administrative costs and activities necessary for awardees to implement the strategy under section 2. (4) Development of partnerships with State and local workforce development systems (as defined in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102)) to provide training and supportive service for individuals serving as case investigators, contact tracers, or social support specialists. (5) Reporting to the Indian Health Service, which shall then report the information to the Centers for Disease Control and Prevention, on-- (A) implementation of the strategy under section 2; and (B) indicators of performance listed in section 5(c)(1). (d) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $1,000,000,000, to remain available until expended. SEC. 5. REPORTING BY THE CENTERS FOR DISEASE CONTROL AND PREVENTION. (a) In General.--Not later than 90 days after the date of enactment of this Act, and every 30 days thereafter, the Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall report to the appropriate congressional committees on the implementation of the strategy under section 2. (b) Reporting Infrastructure.--In carrying out subsection (a), the Secretary shall-- (1) support a reporting infrastructure that-- (A) minimizes administrative burdens on States, Indian Tribes, Tribal organizations, and localities; and (B) protects the privacy of individuals' information; and (2) consult with Indian Tribes and Tribal organizations and coordinate with the Indian Health Service to create a reporting infrastructure for Indian Tribes and Tribal organizations that-- (A) honors and preserves Tribal data sovereignty; and (B) ensures that Indian Tribes and Tribal organizations consent before any Tribal data is reported. (c) Requirements.--The report under subsection (a) shall-- (1) for each State and Indian Tribe include-- (A) the number of case investigators hired, trained, and deployed; (B) the number of contact tracers hired, trained, and deployed; (C) the number of social support specialists hired, trained, and deployed; (D) the number of case investigations launched; (E) the percentage of contacts reached compared to the percentage of contacts identified; (F) the percentage of contacts quarantined or isolated compared to the percentage of contacts reached; (G) the percentage of contacts connected to social supports compared to the percentage of contacts needing such supports to quarantine; and (H) a description of any barriers that limit the ability of contacts to quarantine or isolate or access needed social supports; (2) contextualize data reported so as to mitigate discrimination against historically marginalized communities; and (3) be made public on the internet website of the Centers for Disease Control and Prevention. SEC. 6. GRANTS TO STATE AND TRIBAL WORKFORCE AGENCIES. (a) Definitions.-- (1) In general.--Except as otherwise provided in this section, the terms used in this section shall have the meanings given such terms in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102). (2) Other definitions.--In this section: (A) Apprenticeship; apprenticeship program.--The term ``apprenticeship'' or ``apprenticeship program'' means an apprenticeship program registered under the Act of August 16, 1937 (commonly known as the ``National Apprenticeship Act'') (50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.), including any requirement, standard, or rule promulgated under such Act, as such requirement, standard, or rule was in effect on December 30, 2019. (B) Contact tracing and related positions.--The term ``contact tracing and related positions'' means employment related to contact tracing, surveillance, containment, and mitigation activities. (C) Eligible entity.--The term ``eligible entity'' means-- (i) a State or territory, including the District of Columbia and Puerto Rico; (ii) an Indian Tribe, Tribal organization, Alaska Native entity, Indian-controlled organization serving Indians, urban Indian organization (as defined in section 4 of the Indian Health Care Improvement Act (25 U.S.C. 1603)), or a Native Hawaiian organization; (iii) an outlying area; or (iv) a local board, if an eligible entity under clauses (i) through (iii) has not applied with respect to the area over which the local board has jurisdiction as of the date on which the local board submits an application under subsection (c). (D) Eligible individual.--Notwithstanding section 170(b)(2) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3225(b)(2)), the term ``eligible individual'' means an individual seeking or securing employment in contact tracing or related positions and is served by an eligible entity or community-based organization receiving funding under this section. (E) Secretary.--The term ``Secretary'' means the Secretary of Labor. (b) Grants.-- (1) In general.--Subject to the availability of appropriations under subsection (g), the Secretary shall award national dislocated worker grants under section 170(b)(1)(B) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3225(b)(1)(B)) to each eligible entity that seeks a grant to assist local boards and community-based organizations in carrying out activities under subsections (f) and (d), respectively, for the following purposes: (A) To support the recruitment, placement, and training, as applicable, of eligible individuals seeking employment in contact tracing and related positions in accordance with the strategy established under section 2. (B) To assist with the employment transition to new employment or education and training of individuals employed under this section in preparation for and upon termination of such employment. (2) Timeline.--The Secretary shall-- (A) issue application requirements under subsection (c) not later than 10 days after the date of enactment of this section; and (B) award grants to an eligible entity under paragraph (1) not later than 10 days after the date on which the Secretary receives an application from such entity. (c) Grant Application.--An eligible entity applying for a grant under this section shall submit an application to the Secretary, at such time and in such form and manner as the Secretary may reasonably require, which shall include a description of-- (1) how the eligible entity will support the recruitment, placement, and training, as applicable, of eligible individuals seeking employment in contact tracing and related positions by partnering with-- (A) a State, local, Tribal, or territorial health department; or (B) a community-based organization partnering with such health departments; (2) how the activities described in paragraph (1) will support State efforts to address the demand for contact tracing and related positions with respect to-- (A) the State plans referred to in the heading ``Public Health and Social Services Emergency Fund'' in title I of division B of the Paycheck Protection Program and Health Care Enhancement Act (Public Law 116-139); (B) the strategy established under section 2; and (C) the number of eligible individuals that the State plans to recruit and train under the plans and strategies described in subparagraphs (A) and (B); (3) the specific strategies for recruiting and placement of eligible individuals from or residing within the communities in which they will work, including-- (A) plans for the recruitment of eligible individuals to serve as contact tracers and related positions, including dislocated workers, individuals with barriers to employment, veterans, new entrants in the workforce, or underemployed or furloughed workers, who are from or reside in or near the local area in which they will serve, and who, to the extent practicable-- (i) have experience or a background in industry-sectors and occupations such as public health, social services, customer service, case management, or occupations that require related qualifications, skills, or competencies, such as strong interpersonal and communication skills, needed for contact tracing or related positions; or (ii) seek to transition to public health and public health related occupations upon the conclusion of employment in contact tracing or related positions; and (B) how such strategies will take into account the diversity of such community, including racial, ethnic, socioeconomic, linguistic, or geographic diversity; (4) the amount, timing, and mechanisms for distribution of funds provided to local boards or through subgrants as described in subsection (d); (5) for eligible entities described in subparagraphs (A) through (C) of subsection (a)(4), a description of how the eligible entity will ensure the equitable distribution of funds with respect to-- (A) geography (such as urban and rural distribution); (B) medically underserved populations (as defined in section 330(b)(3) of the Public Health Service Act (42 U.S.C. 254b(b))); (C) health professional shortage areas (as defined under section 332(a) of the Public Health Service Act (42 U.S.C. 254e(a))); and (D) the racial and ethnic diversity of the area; and (6) for eligible entities who are local boards, a description of how a grant to such eligible entity would serve the equitable distribution of funds as described in paragraph (5). (d) Subgrant Authorization and Application Process.-- (1) In general.--An eligible entity may award a subgrant to a community-based organization for the purposes of partnering with a State or local board to conduct outreach and education activities to inform potentially eligible individuals about employment opportunities in contact tracing and related positions. (2) Application.--A community-based organization shall submit an application at such time and in such manner as the eligible entity may reasonably require, including-- (A) a demonstration of the community-based organization's established expertise and effectiveness in community outreach in the local area that such organization plans to serve; (B) a demonstration of the community-based organization's expertise in providing employment or public health information to the local areas in which such organization plans to serve; and (C) a description of the expertise of the community-based organization in utilizing culturally competent and multilingual strategies in the provision of services. (e) Grant Distribution.-- (1) Federal distribution.-- (A) Use of funds.--The Secretary shall use funds appropriated to carry out this section as follows: (i) Subject to clause (ii), the Secretary shall distribute funds among eligible entities in accordance with a formula to be established by the Secretary that provides a minimum level of funding to each eligible entity that seeks a grant under this section and allocates additional funding based on a formula that shall give first priority based on the number and proportion of contact tracing and related positions that the State plans to recruit, place, and train individuals as a part of the State strategy described in subsection (c)(2)(A). (ii) Not more than 2 percent of the funding for administration of the grants and for providing technical assistance to recipients of funds under this section. (B) Equitable distribution.--If the geographic region served by 1 or more eligible entities overlaps, the Secretary shall distribute funds among such entities in such a manner that ensures equitable distribution with respect to the factors under in subsection (c)(5). (2) Eligible entity use of funds.--An eligible entity described in subparagraphs (A) through (C) of subsection (a)(4)-- (A) shall, not later than 30 days after the date on which the entity receives grant funds under this section, provide not less than 70 percent of grant funds to local boards for the purpose of carrying out activities in subsection (f); (B) may use up to 20 percent of such funds to make subgrants to community-based organizations in the service area to conduct outreach, to potential eligible individuals, as described in subsection (d); (C) in providing funds to local boards and awarding subgrants under this subsection shall ensure the equitable distribution with respect to the factors described in subsection (c)(5); and (D) may use not more than 10 percent of the funds awarded under this section for the administrative costs of carrying out the grant and for providing technical assistance to local boards and community-based organizations. (3) Local board use of funds.--A local board, or an eligible entity that is a local board, shall use-- (A) not less than 60 percent of the funds for recruitment and training for activities in accordance with the strategy established under section 2; (B) not less than 30 of the funds to support the transition of individuals hired as contact tracers and related positions into an education or training program, or unsubsidized employment upon completion of such positions; and (C) not more than 10 percent of the funds for administrative costs. (f) Eligible Activities.--The State or local boards shall use funds awarded under this section to support the recruitment and placement of eligible individuals, training and employment transition as related to contact tracing and related positions, and for the following activities: (1) Establishing or expanding partnerships with-- (A) State, local, Tribal, and territorial public health departments; (B) community-based health providers, including community health centers and rural health clinics; (C) labor organizations or joint labor management organizations; (D) 2-year and 4-year institutions of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)), including institutions eligible to receive funds under section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a)); and (E) community action agencies or other community- based organizations serving local areas in which there is a demand for contact tracers and related positions. (2) Providing training for contact tracing and related positions in coordination with State, local, Tribal, or territorial health departments that is consistent with the State or territorial testing and contact tracing strategy and ensuring that eligible individuals receive compensation while participating in such training. (3) Providing eligible individuals with-- (A) adequate and safe equipment, environments, and facilities for training and supervision, as applicable; (B) information regarding the wages and benefits related to contact tracing and related positions, as compared to State, local, and national averages; (C) supplies and equipment needed by the program participants to support placement of an individual in contact tracing and related positions, as applicable; (D) an individualized employment plan for each eligible individual, as applicable-- (i) in coordination with the entity employing the eligible individual in a contact tracing or related position; and (ii) which shall include providing a case manager to work with each eligible individual to develop the plan, which may include-- (I) identifying employment and career goals, and setting appropriate achievement objectives to attain such goals; and (II) exploring career pathways that lead to in-demand industries and sectors, including in public health and related occupations; and (E) services for the period during which the individual is employed in a contact tracing and related position to ensure job retention, which may include-- (i) supportive services throughout the term of employment; (ii) a continuation of skills training as related to employment as a contact tracer or related positions, that is conducted in collaboration with the employers of such participants; (iii) mentorship services and job retention support for eligible individuals; or (iv) targeted training for managers and workers working with eligible individuals (such as mentors), and human resource representatives. (4) Supporting the transition and placement in unsubsidized employment for eligible individuals serving in the contact tracing or related positions after such positions are no longer necessary in the State or local area, including-- (A) any additional training and employment activities as described in section 170(d)(4) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3225(d)(4)); (B) developing the appropriate combination of services to enable the eligible individual to achieve the employment and career goals identified under paragraph (3)(D)(ii)(I); and (C) services to assist eligible individuals in maintaining employment for not less than 12 months after the completion of employment in contact tracing or related positions, as appropriate. (5) Any other activities as described in subsections (a)(3) and (b) of section 134 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3174). (g) Limitation.--Notwithstanding section 170(d)(3)(A) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3225(d)(3)(A)), a person may be employed in a contact tracing or related position using funds under this section for a period not greater than 2 years. (h) Reporting by the Department of Labor.-- (1) In general.--Not later than 120 days after the date of enactment of this Act, and once grant funds have been expended under this section, the Secretary shall report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Labor of the House of Representatives, and make publicly available a report containing a description of-- (A) the number of eligible individuals recruited, hired, or trained as contact tracers or in related positions; (B) the number of individuals successfully transitioned to unsubsidized employment or training at the completion of employment in contact tracing or related positions using funds under this section; (C) the number of such individuals who were unemployed prior to being hired, trained, or deployed as described in paragraph (1); (D) the performance of each program supported by funds under this section with respect to the indicators of performance under section 116 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3141), as applicable; (E) the number of individuals in unsubsidized employment within 6 months and 1 year, respectively, of the conclusion of employment in contact tracing or related positions and, of those, the number of individuals within a State, territorial, or local public health department in an occupation related to public health; (F) any information on how eligible entities, local boards, or community-based organizations that received funding under this section were able to support the goals of the strategy established under section 2; and (G) best practices for improving and increasing the transition of individuals employed in contact tracing or related positions to permanent, full-time employment. (2) Disaggregation.--All data reported under paragraph (1) shall be disaggregated by race, ethnicity, sex, age, and, with respect to individuals with barriers to employment, subpopulation of such individuals, except for when the number of participants in a category is insufficient to yield statistically reliable information or when the results would reveal personally identifiable information about an individual participant. (i) Special Rule.--Any funds for programs under this section that are used to fund an apprenticeship or apprenticeship program shall only be used for, or provided to, an apprenticeship or apprenticeship program that meets the definition of such term under subsection (a), including any funds awarded for the purposes of grants, contracts, or cooperative agreements, or the development, implementation, or administration, of an apprenticeship or an apprenticeship program. (j) Displacement.-- (1) Prohibition.--A participant in a program or activity authorized under this Act (referred to in this subsection as a ``specified activity'') shall not displace (including a partial displacement, such as a reduction in the hours of nonovertime work, wages, or employment benefits) any currently employed employee (as of the date of the participation). (2) Prohibition on impairment of contracts.--A specified activity shall not impair an existing contract for services or collective bargaining agreement, and no such activity that would be inconsistent with the terms of a collective bargaining agreement shall be undertaken without the written concurrence of the labor organization and employer concerned. (k) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $500,000,000. SEC. 7. GOVERNMENT ACCOUNTABILITY OFFICE STUDY. (a) Scope of Study.--The Comptroller General of the United States shall conduct a study to evaluate-- (1) the strategies, components, policies, and practices used by recipients of funding under this Act to successfully assist-- (A) State, Tribal, and local health departments; and (B) State, Tribal, and local workforce development systems; and (2) any challenges associated with implementation of such strategies, components, policies, and practices. (b) Consultation.--In carrying out the study under subsection (a), the Comptroller General shall consult with a geographically diverse (including urban, suburban, and rural) representation of individuals engaged in implementation of this Act, including the following: (1) Centers for Disease Control and Prevention employees. (2) Department of Labor employees. (3) State and local public health departments. (4) State and local workforce development systems. (5) Indian Tribes and Tribal organizations. (6) Case investigators, contact tracers, and social support specialists. (c) Submission.--Not later than 2 years after the date of enactment of this Act, the Comptroller General shall submit the study conducted under subsection (a) to the appropriate congressional committees. SEC. 8. APPLICATION OF THE SERVICE CONTRACT ACT TO CONTRACTS AND GRANTS. Contracts and grants, which include contact tracing as part of the scope of work and that are awarded under this Act, shall require that contact tracers and related positions are paid not less than the prevailing wage and fringe rates required under chapter 67 of title 41, United States Code (commonly known as the ``Service Contract Act''), for the area in which the work is performed. To the extent that a nonstandard wage determination is required to establish a prevailing wage for contact tracers and related positions for purposes of this Act, the Secretary of Labor shall issue such determination not later than 14 days after the date of enactment of this Act, based on a job description used by the Centers for Disease Control and Prevention and contractors or grantees performing contact tracing for State public health agencies. SEC. 9. RULE OF CONSTRUCTION. Nothing in this Act shall be construed to restrict or in any way infringe upon individuals' freedom of association. <all>

Coronavirus Containment Corps Act

A bill to create a Coronavirus Containment Corps.

Coronavirus Containment Corps Act

Sen. Warren, Elizabeth

D

MA

S.5096

Social Welfare

Senior Nutrition Task Force Act of 2022 This bill establishes a task force to identify ways to increase access to healthy foods and otherwise address hunger, food insecurity, and malnutrition among older adults and adults with disabilities. Members of the task force include representatives from relevant federal agencies, advocacy organizations, and affected populations.

To establish the Interagency Task Force to Address Hunger and Promote Access to Healthy Food Among Older Adults and Adults with Disabilities, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Senior Nutrition Task Force Act of 2022''. SEC. 2. INTERAGENCY TASK FORCE. (a) Definitions.--In this section: (1) Disability.--The term ``disability'' has the meaning given the term in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102). (2) Older person.--The term ``older person'' has the meaning given the term ``older individual'' in section 102 of the Older Americans Act of 1965 (42 U.S.C. 3002). (3) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (4) Task force.--The term ``Task Force'' means the task force established by subsection (b). (b) Establishment.--There is established a task force, to be known as the ``Interagency Task Force to Address Hunger and Promote Access to Healthy Food Among Older Adults and Adults with Disabilities''. (c) Members.-- (1) In general.--The members of the Task Force shall be the following: (A) The Secretary (or a designee). (B) The Secretary of Health and Human Services (or a designee). (C) The Secretary of Transportation (or a designee). (D) The Administrator of the Food and Nutrition Service (or a designee). (E) The Administrator of the Administration for Community Living (or a designee). (F) The Administrator for Independent Living within the Administration for Community Living (or a designee). (G) The Administrator of the Health Resources and Services Administration (or a designee). (H) The Secretary of Housing and Urban Development (or a designee). (I) The Commissioner of the Social Security Administration (or a designee). (J) The Assistant Secretary for Planning and Evaluation (or a designee). (K) The Director of the Centers for Disease Control and Prevention (or a designee). (L) The Assistant Secretary for Mental Health and Substance Use (or a designee). (M) The Surgeon General (or a designee). (N) The Deputy Administrator for Medicare and Medicaid Innovation (or a designee). (O) The Director of the Office on Nutrition Research of the National Institutes of Health (or a designee). (P) The Director of the Indian Health Service (or a designee). (Q) The head of any other relevant Federal department or agency, as determined appropriate by the Secretary, and appointed by the President. (R) At least 2 older persons, appointed by the President, who are recipients of Federal nutrition benefits, as determined by the President. (S) At least 2 adults with disabilities, appointed by the President, who are recipients of Federal nutrition benefits, as determined by the President. (T) At least 2 members of grandfamilies or kinship families, appointed by the President, who are recipients of Federal nutrition benefits, as determined by the President. (U) At least 1 representative, appointed by the President, from a national older adult nutrition organization. (V) At least 1 representative, appointed by the President, from a national organization that addresses hunger among adults with disabilities. (W) At least 1 representative, appointed by the President, from a national antihunger organization. (2) Chairperson.--The Chairperson of the Task Force shall be the Secretary (or a designee). (3) Vice chairperson.--The Vice Chairperson of the Task Force shall be the Administrator of the Administration for Community Living (or a designee). (d) Duties.--The duties of the Task Force shall be the following: (1) Identify, promote, coordinate, and disseminate information and resources and other available best practices-- (A) to address hunger, food insecurity, and malnutrition among older adults and adults with disabilities; and (B) to increase access to healthy foods. (2) Measure and evaluate progress in-- (A) addressing hunger, food insecurity, and malnutrition among older adults and adults with disabilities; and (B) increasing access to healthy, affordable, and local or regional food for older adults and adults with disabilities. (3) Examine interagency opportunities-- (A) to collaboratively address hunger, food insecurity, and malnutrition among older adults and adults with disabilities; and (B) to promote access to healthy, affordable, and local or regional food for older adults and adults with disabilities. (4) Examine challenges to interagency efforts to carry out subparagraphs (A) and (B) of paragraph (3). (e) Report.--Not later than September 30, 2026, the Task Force shall submit to Congress a report that describes-- (1) best practices for addressing hunger, food insecurity, and malnutrition and promoting access to healthy, affordable, and local or regional food among older adults and adults with disabilities; (2) recommendations to support interagency efforts to address hunger, food insecurity, and malnutrition and promote access to healthy, affordable, and local or regional food among older adults and adults with disabilities; (3) existing barriers to promoting interagency collaboration to address hunger, food insecurity, and malnutrition and access to healthy, affordable, and local or regional food among older adults and adults with disabilities; and (4) innovative practices to address hunger, food insecurity, and malnutrition and promote access to healthy, affordable, and local or regional food among older adults and adults with disabilities. <all>

Senior Nutrition Task Force Act of 2022

A bill to establish the Interagency Task Force to Address Hunger and Promote Access to Healthy Food Among Older Adults and Adults with Disabilities, and for other purposes.

Senior Nutrition Task Force Act of 2022

Sen. Casey, Robert P., Jr.

D

PA

H.R.837

Taxation

Free Speech Fairness Act This bill permits a tax-exempt organization to make certain statements related to a political campaign without losing its tax-exempt status. An organization may not lose its tax-exempt status under section 501(c)(3) of the Internal Revenue Code or be deemed to have participated in, or intervened in any political campaign on behalf of (or in opposition to) any candidate for public office, solely because of the content of any statement that (1) is made in the ordinary course of the organization's regular and customary activities in carrying out its exempt purpose, and (2) results in the organization incurring not more than de minimis incremental expenses.

To amend the Internal Revenue Code of 1986 to allow charitable organizations to make statements relating to political campaigns if such statements are made in the ordinary course of carrying out its tax exempt purpose. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Free Speech Fairness Act''. SEC. 2. ALLOWING 501(C)(3) ORGANIZATION TO MAKE STATEMENTS RELATING TO POLITICAL CAMPAIGN IN ORDINARY COURSE OF CARRYING OUT ITS TAX EXEMPT PURPOSE. (a) In General.--Section 501 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(s) Special Rule Relating to Political Campaign Statements of Organization Described in Subsection (c)(3).-- ``(1) In general.--For purposes of subsection (c)(3) and sections 170(c)(2), 2055, 2106, 2522, and 4955, an organization shall not fail to be treated as organized and operated exclusively for a purpose described in subsection (c)(3), nor shall it be deemed to have participated in, or intervened in any political campaign on behalf of (or in opposition to) any candidate for public office, solely because of the content of any statement which-- ``(A) is made in the ordinary course of the organization's regular and customary activities in carrying out its exempt purpose, and ``(B) results in the organization incurring not more than de minimis incremental expenses.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years ending after the date of the enactment of this Act. <all>

Free Speech Fairness Act

To amend the Internal Revenue Code of 1986 to allow charitable organizations to make statements relating to political campaigns if such statements are made in the ordinary course of carrying out its tax exempt purpose.

Free Speech Fairness Act

Rep. Scalise, Steve

R

LA

H.R.6763

Taxation

Small Business Tax Relief Act This bill establishes a graduated corporate tax rate for corporations whose taxable income does not exceed $5 million. The rate of such tax is 18% of taxable income not exceeding $400,000, and 21% of taxable income that equals or exceeds $400,000. The bill also modifies the tax treatment of carried interest, which is compensation that is typically received by a partner of a private equity or hedge fund and is based on a share of the fund's profits. (Under current law, carried interest is taxed as investment income rather than at ordinary income tax rates.) The bill includes provisions that The bill defines investment services partnership interest as any interest in a partnership held by a person who provides services to a partnership by (1) advising the partnership about investing in, purchasing, or selling specified assets; (2) managing, acquiring, or disposing of specified assets; or (3) arranging financing with respect to acquiring specified assets.

To amend the Internal Revenue Code of 1986 to lower the corporate tax rate for small businesses and close the carried interest loophole, and for other purposes. Be it enacted by the Senate 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 Tax Relief Act''. SEC. 2. GRADUATED CORPORATE TAX RATE TO SUPPORT SMALL BUSINESSES. (a) In General.--Section 11(b) of the Internal Revenue Code of 1986 is amended to read as follows: ``(b) Amount of Tax.-- ``(1) In general.--Except as provided by paragraph (2), the amount of the tax imposed by subsection (a) shall be 21 percent of taxable income. ``(2) Small businesses.--In the case of a corporation with taxable income that does not exceed $5,000,000 in the taxable year, the amount of the tax imposed by subsection (a) shall be the sum of-- ``(A) 18 percent of so much of the taxable income as does not exceed $400,000, and ``(B) 21 percent of so much of the taxable income as equals or exceeds $400,000.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years ending after the date of the enactment of this section. SEC. 3. PARTNERSHIP INTERESTS TRANSFERRED IN CONNECTION WITH PERFORMANCE OF SERVICES. (a) Modification to Election To Include Partnership Interest in Gross Income in Year of Transfer.--Subsection (c) of section 83 of the Internal Revenue Code of 1986 is amended by redesignating paragraph (4) as paragraph (5) and by inserting after paragraph (3) the following new paragraph: ``(4) Partnership interests.--Except as provided by the Secretary-- ``(A) In general.--In the case of any transfer of an interest in a partnership in connection with the provision of services to (or for the benefit of) such partnership-- ``(i) the fair market value of such interest shall be treated for purposes of this section as being equal to the amount of the distribution which the partner would receive if the partnership sold (at the time of the transfer) all of its assets at fair market value and distributed the proceeds of such sale (reduced by the liabilities of the partnership) to its partners in liquidation of the partnership, and ``(ii) the person receiving such interest shall be treated as having made the election under subsection (b)(1) unless such person makes an election under this paragraph to have such subsection not apply. ``(B) Election.--The election under subparagraph (A)(ii) shall be made under rules similar to the rules of subsection (b)(2).''. (b) Effective Date.--The amendments made by this section shall apply to interests in partnerships transferred in taxable years ending after the date of the enactment of this Act. SEC. 4. SPECIAL RULES FOR PARTNERS PROVIDING INVESTMENT MANAGEMENT SERVICES TO PARTNERSHIPS. (a) In General.--Part I of subchapter K of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 710. SPECIAL RULES FOR PARTNERS PROVIDING INVESTMENT MANAGEMENT SERVICES TO PARTNERSHIPS. ``(a) Treatment of Distributive Share of Partnership Items.--For purposes of this title, in the case of an investment services partnership interest-- ``(1) In general.--Notwithstanding section 702(b)-- ``(A) an amount equal to the net capital gain with respect to such interest for any partnership taxable year shall be treated as ordinary income, and ``(B) subject to the limitation of paragraph (2), an amount equal to the net capital loss with respect to such interest for any partnership taxable year shall be treated as an ordinary loss. ``(2) Recharacterization of losses limited to recharacterized gains.--The amount treated as ordinary loss under paragraph (1)(B) for any taxable year shall not exceed the excess (if any) of-- ``(A) the aggregate amount treated as ordinary income under paragraph (1)(A) with respect to the investment services partnership interest for all preceding partnership taxable years to which this section applies, over ``(B) the aggregate amount treated as ordinary loss under paragraph (1)(B) with respect to such interest for all preceding partnership taxable years to which this section applies. ``(3) Allocation to items of gain and loss.-- ``(A) Net capital gain.--The amount treated as ordinary income under paragraph (1)(A) shall be allocated ratably among the items of long-term capital gain taken into account in determining such net capital gain. ``(B) Net capital loss.--The amount treated as ordinary loss under paragraph (1)(B) shall be allocated ratably among the items of long-term capital loss and short-term capital loss taken into account in determining such net capital loss. ``(4) Terms relating to capital gains and losses.--For purposes of this section-- ``(A) In general.--Net capital gain, long-term capital gain, and long-term capital loss, with respect to any investment services partnership interest for any taxable year, shall be determined under section 1222, except that such section shall be applied-- ``(i) without regard to the recharacterization of any item as ordinary income or ordinary loss under this section, ``(ii) by only taking into account items of gain and loss taken into account by the holder of such interest under section 702 (other than subsection (a)(9) thereof) with respect to such interest for such taxable year, and ``(iii) by treating property which is taken into account in determining gains and losses to which section 1231 applies as capital assets held for more than 1 year. ``(B) Net capital loss.--The term `net capital loss' means the excess of the losses from sales or exchanges of capital assets over the gains from such sales or exchanges. Rules similar to the rules of clauses (i) through (iii) of subparagraph (A) shall apply for purposes of the preceding sentence. ``(5) Special rule for dividends.--Any dividend allocated with respect to any investment services partnership interest shall not be treated as qualified dividend income for purposes of section 1(h). ``(6) Special rule for qualified small business stock.-- Section 1202 shall not apply to any gain from the sale or exchange of qualified small business stock (as defined in section 1202(c)) allocated with respect to any investment services partnership interest. ``(b) Dispositions of Partnership Interests.-- ``(1) Gain.-- ``(A) In general.--Any gain on the disposition of an investment services partnership interest shall be-- ``(i) treated as ordinary income, and ``(ii) recognized notwithstanding any other provision of this subtitle. ``(B) Gift and transfers at death.--In the case of a disposition of an investment services partnership interest by gift or by reason of death of the taxpayer-- ``(i) subparagraph (A) shall not apply, ``(ii) such interest shall be treated as an investment services partnership interest in the hands of the person acquiring such interest, and ``(iii) any amount that would have been treated as ordinary income under this subsection had the decedent sold such interest immediately before death shall be treated as an item of income in respect of a decedent under section 691. ``(2) Loss.--Any loss on the disposition of an investment services partnership interest shall be treated as an ordinary loss to the extent of the excess (if any) of-- ``(A) the aggregate amount treated as ordinary income under subsection (a) with respect to such interest for all partnership taxable years to which this section applies, over ``(B) the aggregate amount treated as ordinary loss under subsection (a) with respect to such interest for all partnership taxable years to which this section applies. ``(3) Election with respect to certain exchanges.-- Paragraph (1)(A)(ii) shall not apply to the contribution of an investment services partnership interest to a partnership in exchange for an interest in such partnership if-- ``(A) the taxpayer makes an irrevocable election to treat the partnership interest received in the exchange as an investment services partnership interest, and ``(B) the taxpayer agrees to comply with such reporting and recordkeeping requirements as the Secretary may prescribe. ``(4) Distributions of partnership property.-- ``(A) In general.--In the case of any distribution of property by a partnership with respect to any investment services partnership interest held by a partner, the partner receiving such property shall recognize gain equal to the excess (if any) of-- ``(i) the fair market value of such property at the time of such distribution, over ``(ii) the adjusted basis of such property in the hands of such partner (determined without regard to subparagraph (C)). ``(B) Treatment of gain as ordinary income.--Any gain recognized by such partner under subparagraph (A) shall be treated as ordinary income to the same extent and in the same manner as the increase in such partner's distributive share of the taxable income of the partnership would be treated under subsection (a) if, immediately prior to the distribution, the partnership had sold the distributed property at fair market value and all of the gain from such disposition were allocated to such partner. For purposes of applying subsection (a)(2), any gain treated as ordinary income under this subparagraph shall be treated as an amount treated as ordinary income under subsection (a)(1)(A). ``(C) Adjustment of basis.--In the case a distribution to which subparagraph (A) applies, the basis of the distributed property in the hands of the distributee partner shall be the fair market value of such property. ``(D) Special rules with respect to mergers and divisions.--In the case of a taxpayer which satisfies requirements similar to the requirements of subparagraphs (A) and (B) of paragraph (3), this paragraph and paragraph (1)(A)(ii) shall not apply to the distribution of a partnership interest if such distribution is in connection with a contribution (or deemed contribution) of any property of the partnership to which section 721 applies pursuant to a transaction described in paragraph (2) of section 708(b). ``(c) Investment Services Partnership Interest.--For purposes of this section-- ``(1) In general.--The term `investment services partnership interest' means any interest in an investment partnership acquired or held by any person in connection with the conduct of a trade or business described in paragraph (2) by such person (or any person related to such person). An interest in an investment partnership held by any person-- ``(A) shall not be treated as an investment services partnership interest for any period before the first date on which it is so held in connection with such a trade or business, ``(B) shall not cease to be an investment services partnership interest merely because such person holds such interest other than in connection with such a trade or business, and ``(C) shall be treated as an investment services partnership interest if acquired from a related person in whose hands such interest was an investment services partnership interest. ``(2) Businesses to which this section applies.--A trade or business is described in this paragraph if such trade or business primarily involves the performance of any of the following services with respect to assets held (directly or indirectly) by one or more investment partnerships referred to in paragraph (1): ``(A) Advising as to the advisability of investing in, purchasing, or selling any specified asset. ``(B) Managing, acquiring, or disposing of any specified asset. ``(C) Arranging financing with respect to acquiring specified assets. ``(D) Any activity in support of any service described in subparagraphs (A) through (C). ``(3) Investment partnership.-- ``(A) In general.--The term `investment partnership' means any partnership if, at the end of any two consecutive calendar quarters ending after the date of enactment of this section-- ``(i) substantially all of the assets of the partnership are specified assets (determined without regard to any section 197 intangible within the meaning of section 197(d)), and ``(ii) less than 75 percent of the capital of the partnership is attributable to qualified capital interests which constitute property held in connection with a trade or business of the owner of such interest. ``(B) Look-through of certain wholly owned entities for purposes of determining assets of the partnership.-- ``(i) In general.--For purposes of determining the assets of a partnership under subparagraph (A)(i)-- ``(I) any interest in a specified entity shall not be treated as an asset of such partnership, and ``(II) such partnership shall be treated as holding its proportionate share of each of the assets of such specified entity. ``(ii) Specified entity.--For purposes of clause (i), the term `specified entity' means, with respect to any partnership (hereafter referred to as the upper-tier partnership), any person which engages in the same trade or business as the upper-tier partnership and is-- ``(I) a partnership all of the capital and profits interests of which are held directly or indirectly by the upper-tier partnership, or ``(II) a foreign corporation which does not engage in a trade or business in the United States and all of the stock of which is held directly or indirectly by the upper-tier partnership. ``(C) Special rules for determining if property held in connection with trade or business.-- ``(i) In general.--Except as otherwise provided by the Secretary, solely for purposes of determining whether any interest in a partnership constitutes property held in connection with a trade or business under subparagraph (A)(ii)-- ``(I) a trade or business of any person closely related to the owner of such interest shall be treated as a trade or business of such owner, ``(II) such interest shall be treated as held by a person in connection with a trade or business during any taxable year if such interest was so held by such person during any 3 taxable years preceding such taxable year, and ``(III) paragraph (5)(B) shall not apply. ``(ii) Closely related persons.--For purposes of clause (i)(I), a person shall be treated as closely related to another person if, taking into account the rules of section 267(c), the relationship between such persons is described in-- ``(I) paragraph (1) or (9) of section 267(b), or ``(II) section 267(b)(4), but solely in the case of a trust with respect to which each current beneficiary is the grantor or a person whose relationship to the grantor is described in paragraph (1) or (9) of section 267(b). ``(D) Antiabuse rules.--The Secretary may issue regulations or other guidance which prevent the avoidance of the purposes of subparagraph (A), including regulations or other guidance which treat convertible and contingent debt (and other debt having the attributes of equity) as a capital interest in the partnership. ``(E) Controlled groups of entities.-- ``(i) In general.--In the case of a controlled group of entities, if an interest in the partnership received in exchange for a contribution to the capital of the partnership by any member of such controlled group would (in the hands of such member) constitute property held in connection with a trade or business, then any interest in such partnership held by any member of such group shall be treated for purposes of subparagraph (A) as constituting (in the hands of such member) property held in connection with a trade or business. ``(ii) Controlled group of entities.--For purposes of clause (i), the term `controlled group of entities' means a controlled group of corporations as defined in section 1563(a)(1), applied without regard to subsections (a)(4) and (b)(2) of section 1563. A partnership or any other entity (other than a corporation) shall be treated as a member of a controlled group of entities if such entity is controlled (within the meaning of section 954(d)(3)) by members of such group (including any entity treated as a member of such group by reason of this sentence). ``(F) Special rule for corporations.--For purposes of this paragraph, in the case of a corporation, the determination of whether property is held in connection with a trade or business shall be determined as if the taxpayer were an individual. ``(4) Specified asset.--The term `specified asset' means securities (as defined in section 475(c)(2) without regard to the last sentence thereof), real estate held for rental or investment, interests in partnerships, commodities (as defined in section 475(e)(2)), cash or cash equivalents, or options or derivative contracts with respect to any of the foregoing. ``(5) Related persons.-- ``(A) In general.--A person shall be treated as related to another person if the relationship between such persons is described in section 267(b) or 707(b). ``(B) Attribution of partner services.--Any service described in paragraph (2) which is provided by a partner of a partnership shall be treated as also provided by such partnership. ``(d) Exception for Certain Capital Interests.-- ``(1) In general.--In the case of any portion of an investment services partnership interest which is a qualified capital interest, all items of gain and loss (and any dividends) which are allocated to such qualified capital interest shall not be taken into account under subsection (a) if-- ``(A) allocations of items are made by the partnership to such qualified capital interest in the same manner as such allocations are made to other qualified capital interests held by partners who do not provide any services described in subsection (c)(2) and who are not related to the partner holding the qualified capital interest, and ``(B) the allocations made to such other interests are significant compared to the allocations made to such qualified capital interest. ``(2) Authority to provide exceptions to allocation requirements.--To the extent provided by the Secretary in regulations or other guidance-- ``(A) Allocations to portion of qualified capital interest.--Paragraph (1) may be applied separately with respect to a portion of a qualified capital interest. ``(B) No or insignificant allocations to nonservice providers.--In any case in which the requirements of paragraph (1)(B) are not satisfied, items of gain and loss (and any dividends) shall not be taken into account under subsection (a) to the extent that such items are properly allocable under such regulations or other guidance to qualified capital interests. ``(C) Allocations to service providers' qualified capital interests which are less than other allocations.--Allocations shall not be treated as failing to meet the requirement of paragraph (1)(A) merely because the allocations to the qualified capital interest represent a lower return than the allocations made to the other qualified capital interests referred to in such paragraph. ``(3) Special rule for changes in services and capital contributions.--In the case of an interest in a partnership which was not an investment services partnership interest and which, by reason of a change in the services with respect to assets held (directly or indirectly) by the partnership or by reason of a change in the capital contributions to such partnership, becomes an investment services partnership interest, the qualified capital interest of the holder of such partnership interest immediately after such change shall not, for purposes of this subsection, be less than the fair market value of such interest (determined immediately before such change). ``(4) Special rule for tiered partnerships.--Except as otherwise provided by the Secretary, in the case of tiered partnerships, all items which are allocated in a manner which meets the requirements of paragraph (1) to qualified capital interests in a lower-tier partnership shall retain such character to the extent allocated on the basis of qualified capital interests in any upper-tier partnership. ``(5) Exception for no-self-charged carry and management fee provisions.--Except as otherwise provided by the Secretary, an interest shall not fail to be treated as satisfying the requirement of paragraph (1)(A) merely because the allocations made by the partnership to such interest do not reflect the cost of services described in subsection (c)(2) which are provided (directly or indirectly) to the partnership by the holder of such interest (or a related person). ``(6) Special rule for dispositions.--In the case of any investment services partnership interest any portion of which is a qualified capital interest, subsection (b) shall not apply to so much of any gain or loss as bears the same proportion to the entire amount of such gain or loss as-- ``(A) the distributive share of gain or loss that would have been allocated to the qualified capital interest (consistent with the requirements of paragraph (1)) if the partnership had sold all of its assets at fair market value immediately before the disposition, bears to ``(B) the distributive share of gain or loss that would have been so allocated to the investment services partnership interest of which such qualified capital interest is a part. ``(7) Qualified capital interest.--For purposes of this section-- ``(A) In general.--The term `qualified capital interest' means so much of a partner's interest in the capital of the partnership as is attributable to-- ``(i) the fair market value of any money or other property contributed to the partnership in exchange for such interest (determined without regard to section 752(a)), ``(ii) any amounts which have been included in gross income under section 83 with respect to the transfer of such interest, and ``(iii) the excess (if any) of-- ``(I) any items of income and gain taken into account under section 702 with respect to such interest, over ``(II) any items of deduction and loss so taken into account. ``(B) Adjustment to qualified capital interest.-- ``(i) Distributions and losses.--The qualified capital interest shall be reduced by distributions from the partnership with respect to such interest and by the excess (if any) of the amount described in subparagraph (A)(iii)(II) over the amount described in subparagraph (A)(iii)(I). ``(ii) Special rule for contributions of property.--In the case of any contribution of property described in subparagraph (A)(i) with respect to which the fair market value of such property is not equal to the adjusted basis of such property immediately before such contribution, proper adjustments shall be made to the qualified capital interest to take into account such difference consistent with such regulations or other guidance as the Secretary may provide. ``(C) Merger, consolidation, division, etc., disregarded.--No increase or decrease in the qualified capital interest of any partner shall result from a merger, consolidation, or division described in section 708, or any similar transaction. ``(8) Treatment of certain loans.-- ``(A) Proceeds of partnership loans not treated as qualified capital interest of service providing partners.--For purposes of this subsection, an investment services partnership interest shall not be treated as a qualified capital interest to the extent that such interest is acquired in connection with the proceeds of any loan or other advance made or guaranteed, directly or indirectly, by any other partner or the partnership (or any person related to any such other partner or the partnership). The preceding sentence shall not apply to the extent the loan or other advance is repaid before the date of the enactment of this section unless such repayment is made with the proceeds of a loan or other advance described in the preceding sentence. ``(B) Reduction in allocations to qualified capital interests for loans from nonservice-providing partners to the partnership.--For purposes of this subsection, any loan or other advance to the partnership made or guaranteed, directly or indirectly, by a partner not providing services described in subsection (c)(2) to the partnership (or any person related to such partner) shall be taken into account in determining the qualified capital interests of the partners in the partnership. ``(9) Special rule for qualified family partnerships.-- ``(A) In general.--In the case of any specified family partnership interest, paragraph (1)(A) shall be applied without regard to the phrase `and who are not related to the partner holding the qualified capital interest'. ``(B) Specified family partnership interest.--For purposes of this paragraph, the term `specified family partnership interest' means any investment services partnership interest if-- ``(i) such interest is an interest in a qualified family partnership, ``(ii) such interest is held by a natural person or by a trust with respect to which each beneficiary is a grantor or a person whose relationship to the grantor is described in section 267(b)(1), and ``(iii) all other interests in such qualified family partnership with respect to which significant allocations are made (within the meaning of paragraph (1)(B) and in comparison to the allocations made to the interest described in clause (ii)) are held by persons who-- ``(I) are related to the natural person or trust referred to in clause (ii), or ``(II) provide services described in subsection (c)(2). ``(C) Qualified family partnership.--For purposes of this paragraph, the term `qualified family partnership' means any partnership if-- ``(i) all of the capital and profits interests of such partnership are held by-- ``(I) specified family members, ``(II) any person closely related (within the meaning of subsection (c)(3)(C)(ii)) to a specified family member, or ``(III) any other person (not described in subclause (I) or (II)) if such interest is an investment services partnership interest with respect to such person, and ``(ii) such partnership does not hold itself out to the public as an investment advisor. ``(D) Specified family members.--For purposes of subparagraph (C), individuals shall be treated as specified family members if such individuals would be treated as one person under the rules of section 1361(c)(1) if the applicable date (within the meaning of subparagraph (B)(iii) thereof) were the latest of-- ``(i) the date of the establishment of the partnership, ``(ii) the earliest date that the common ancestor holds a capital or profits interest in the partnership, or ``(iii) the date of the enactment of this section. ``(e) Other Income and Gain in Connection With Investment Management Services.-- ``(1) In general.--If-- ``(A) a person performs (directly or indirectly) investment management services for any investment entity, ``(B) such person holds (directly or indirectly) a disqualified interest with respect to such entity, and ``(C) the value of such interest (or payments thereunder) is substantially related to the amount of income or gain (whether or not realized) from the assets with respect to which the investment management services are performed, any income or gain with respect to such interest shall be treated as ordinary income. Rules similar to the rules of subsections (a)(5) and (d) shall apply for purposes of this subsection. ``(2) Definitions.--For purposes of this subsection-- ``(A) Disqualified interest.-- ``(i) In general.--The term `disqualified interest' means, with respect to any investment entity-- ``(I) any interest in such entity other than indebtedness, ``(II) convertible or contingent debt of such entity, ``(III) any option or other right to acquire property described in subclause (I) or (II), and ``(IV) any derivative instrument entered into (directly or indirectly) with such entity or any investor in such entity. ``(ii) Exceptions.--Such term shall not include-- ``(I) a partnership interest, ``(II) except as provided by the Secretary, any interest in a taxable corporation, and ``(III) except as provided by the Secretary, stock in an S corporation. ``(B) Taxable corporation.--The term `taxable corporation' means-- ``(i) a domestic C corporation, or ``(ii) a foreign corporation substantially all of the income of which is-- ``(I) effectively connected with the conduct of a trade or business in the United States, or ``(II) subject to a comprehensive foreign income tax (as defined in section 457A(d)(2)). ``(C) Investment management services.--The term `investment management services' means a substantial quantity of any of the services described in subsection (c)(2). ``(D) Investment entity.--The term `investment entity' means any entity which, if it were a partnership, would be an investment partnership. ``(f) Exception for Domestic C Corporations.--Except as otherwise provided by the Secretary, in the case of a domestic C corporation-- ``(1) subsections (a) and (b) shall not apply to any item allocated to such corporation with respect to any investment services partnership interest (or to any gain or loss with respect to the disposition of such an interest), and ``(2) subsection (e) shall not apply. ``(g) Regulations.--The Secretary shall prescribe such regulations or other guidance as is necessary or appropriate to carry out the purposes of this section, including regulations or other guidance to-- ``(1) require such reporting and recordkeeping by any person in such manner and at such time as the Secretary may prescribe for purposes of enabling the partnership to meet the requirements of section 6031 with respect to any item described in section 702(a)(9), ``(2) provide modifications to the application of this section (including treating related persons as not related to one another) to the extent such modification is consistent with the purposes of this section, ``(3) prevent the avoidance of the purposes of this section (including through the use of qualified family partnerships), and ``(4) coordinate this section with the other provisions of this title. ``(h) Cross Reference.--For 40-percent penalty on certain underpayments due to the avoidance of this section, see section 6662.''. (b) Application of Section 751 to Indirect Dispositions of Investment Services Partnership Interests.-- (1) In general.--Subsection (a) of section 751 of such Code is amended by striking ``or'' at the end of paragraph (1), by inserting ``or'' at the end of paragraph (2), and by inserting after paragraph (2) the following new paragraph: ``(3) investment services partnership interests held by the partnership,''. (2) Certain distributions treated as sales or exchanges.-- Subparagraph (A) of section 751(b)(1) of such Code is amended by striking ``or'' at the end of clause (i), by inserting ``or'' at the end of clause (ii), and by inserting after clause (ii) the following new clause: ``(iii) investment services partnership interests held by the partnership,''. (3) Application of special rules in the case of tiered partnerships.--Subsection (f) of section 751 of such Code is amended-- (A) by striking ``or'' at the end of paragraph (1), by inserting ``or'' at the end of paragraph (2), and by inserting after paragraph (2) the following new paragraph: ``(3) an investment services partnership interest held by the partnership,'', and (B) by striking ``partner.'' and inserting ``partner (other than a partnership in which it holds an investment services partnership interest).''. (4) Investment services partnership interests; qualified capital interests.--Section 751 of such Code is amended by adding at the end the following new subsection: ``(g) Investment Services Partnership Interests.--For purposes of this section-- ``(1) In general.--The term `investment services partnership interest' has the meaning given such term by section 710(c). ``(2) Adjustments for qualified capital interests.--The amount to which subsection (a) applies by reason of paragraph (3) thereof shall not include so much of such amount as is attributable to any portion of the investment services partnership interest which is a qualified capital interest (determined under rules similar to the rules of section 710(d)). ``(3) Exception for publicly traded partnerships.--Except as otherwise provided by the Secretary, in the case of an exchange of an interest in a publicly traded partnership (as defined in section 7704) to which subsection (a) applies-- ``(A) this section shall be applied without regard to subsections (a)(3), (b)(1)(A)(iii), and (f)(3), and ``(B) such partnership shall be treated as owning its proportionate share of the property of any other partnership in which it is a partner. ``(4) Recognition of gains.--Any gain with respect to which subsection (a) applies by reason of paragraph (3) thereof shall be recognized notwithstanding any other provision of this title. ``(5) Coordination with inventory items.--An investment services partnership interest held by the partnership shall not be treated as an inventory item of the partnership. ``(6) Prevention of double counting.--Under regulations or other guidance prescribed by the Secretary, subsection (a)(3) shall not apply with respect to any amount to which section 710 applies. ``(7) Valuation methods.--The Secretary shall prescribe regulations or other guidance which provide the acceptable methods for valuing investment services partnership interests for purposes of this section.''. (c) Treatment for Purposes of Section 7704.--Subsection (d) of section 7704 of such Code is amended by adding at the end the following new paragraph: ``(6) Income from certain carried interests not qualified.-- ``(A) In general.--Specified carried interest income shall not be treated as qualifying income. ``(B) Specified carried interest income.--For purposes of this paragraph-- ``(i) In general.--The term `specified carried interest income' means-- ``(I) any item of income or gain allocated to an investment services partnership interest (as defined in section 710(c)) held by the partnership, ``(II) any gain on the disposition of an investment services partnership interest (as so defined) or a partnership interest to which (in the hands of the partnership) section 751 applies, and ``(III) any income or gain taken into account by the partnership under subsection (b)(4) or (e) of section 710. ``(ii) Exception for qualified capital interests.--A rule similar to the rule of section 710(d) shall apply for purposes of clause (i). ``(C) Coordination with other provisions.-- Subparagraph (A) shall not apply to any item described in paragraph (1)(E) (or so much of paragraph (1)(F) as relates to paragraph (1)(E)). ``(D) Special rules for certain partnerships.-- ``(i) Certain partnerships owned by real estate investment trusts.--Subparagraph (A) shall not apply in the case of a partnership which meets each of the following requirements: ``(I) Such partnership is treated as publicly traded under this section solely by reason of interests in such partnership being convertible into interests in a real estate investment trust which is publicly traded. ``(II) Fifty percent or more of the capital and profits interests of such partnership are owned, directly or indirectly, at all times during the taxable year by such real estate investment trust (determined with the application of section 267(c)). ``(III) Such partnership meets the requirements of paragraphs (2), (3), and (4) of section 856(c). ``(ii) Certain partnerships owning other publicly traded partnerships.--Subparagraph (A) shall not apply in the case of a partnership which meets each of the following requirements: ``(I) Substantially all of the assets of such partnership consist of interests in one or more publicly traded partnerships (determined without regard to subsection (b)(2)). ``(II) Substantially all of the income of such partnership is ordinary income or section 1231 gain (as defined in section 1231(a)(3)). ``(E) Transitional rule.--Subparagraph (A) shall not apply to any taxable year of the partnership beginning before the date which is 10 years after the date of the enactment of this paragraph.''. (d) Imposition of Penalty on Underpayments.-- (1) In general.--Subsection (b) of section 6662 of such Code is amended by inserting after paragraph (7) the following new paragraph: ``(8) The application of section 710(e) or the regulations or other guidance prescribed under section 710(g) to prevent the avoidance of the purposes of section 710.''. (2) Amount of penalty.-- (A) In general.--Section 6662 of such Code is amended by adding at the end the following new subsection: ``(k) Increase in Penalty in Case of Property Transferred for Investment Management Services.--In the case of any portion of an underpayment to which this section applies by reason of subsection (b)(8), subsection (a) shall be applied with respect to such portion by substituting `40 percent' for `20 percent'.''. (B) Conforming amendment.--Subparagraph (B) of section 6662A(e)(2) of such Code is amended by striking ``or (i)'' and inserting ``, (i), or (k)''. (3) Special rules for application of reasonable cause exception.--Subsection (c) of section 6664 of such Code is amended-- (A) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively, (B) by striking ``paragraph (3)'' in paragraph (5)(A), as so redesignated, and inserting ``paragraph (4)'', and (C) by inserting after paragraph (2) the following new paragraph: ``(3) Special rule for underpayments attributable to investment management services.-- ``(A) In general.--Paragraph (1) shall not apply to any portion of an underpayment to which section 6662 applies by reason of subsection (b)(8) unless-- ``(i) the relevant facts affecting the tax treatment of the item are adequately disclosed, ``(ii) there is or was substantial authority for such treatment, and ``(iii) the taxpayer reasonably believed that such treatment was more likely than not the proper treatment. ``(B) Rules relating to reasonable belief.--Rules similar to the rules of subsection (d)(3) shall apply for purposes of subparagraph (A)(iii).''. (e) Income and Loss From Investment Services Partnership Interests Taken Into Account in Determining Net Earnings From Self-Employment.-- (1) Internal revenue code.-- (A) In general.--Section 1402(a) of such Code is amended by striking ``and'' at the end of paragraph (16), by striking the period at the end of paragraph (17) and inserting ``; and'', and by inserting after paragraph (17) the following new paragraph: ``(18) notwithstanding the preceding provisions of this subsection, in the case of any individual engaged in the trade or business of providing services described in section 710(c)(2) with respect to any entity, investment services partnership income or loss (as defined in subsection (m)) of such individual with respect to such entity shall be taken into account in determining the net earnings from self-employment of such individual.''. (B) Investment services partnership income or loss.--Section 1402 of such Code is amended by adding at the end the following new subsection: ``(m) Investment Services Partnership Income or Loss.--For purposes of subsection (a)-- ``(1) In general.--The term `investment services partnership income or loss' means, with respect to any investment services partnership interest (as defined in section 710(c)) or disqualified interest (as defined in section 710(e)), the net of-- ``(A) the amounts treated as ordinary income or ordinary loss under subsections (b) and (e) of section 710 with respect to such interest, ``(B) all items of income, gain, loss, and deduction allocated to such interest, and ``(C) the amounts treated as realized from the sale or exchange of property other than a capital asset under section 751 with respect to such interest. ``(2) Exception for qualified capital interests.--A rule similar to the rule of section 710(d) shall apply for purposes of applying paragraph (1)(B).''. (2) Social security act.--Section 211(a) of the Social Security Act is amended by striking ``and'' at the end of paragraph (15), by striking the period at the end of paragraph (16) and inserting ``; and'', and by inserting after paragraph (16) the following new paragraph: ``(17) Notwithstanding the preceding provisions of this subsection, in the case of any individual engaged in the trade or business of providing services described in section 710(c)(2) of the Internal Revenue Code of 1986 with respect to any entity, investment services partnership income or loss (as defined in section 1402(m) of such Code) shall be taken into account in determining the net earnings from self-employment of such individual.''. (f) Separate Accounting by Partner.--Section 702(a) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of paragraph (7), by striking the period at the end of paragraph (8) and inserting ``, and'', and by inserting after paragraph (8) the following: ``(9) any amount treated as ordinary income or loss under subsection (a), (b), or (e) of section 710.''. (g) Conforming Amendments.-- (1) Subsection (d) of section 731 of such Code is amended by inserting ``section 710(b)(4) (relating to distributions of partnership property),'' after ``to the extent otherwise provided by''. (2) Section 741 of such Code is amended by inserting ``or section 710 (relating to special rules for partners providing investment management services to partnerships)'' before the period at the end. (3) The table of sections for part I of subchapter K of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 710. Special rules for partners providing investment management services to partnerships.''. (4) Part IV of subchapter O of chapter 1 of such Code is amended by striking section 1061, and the table of sections for such part is amended by striking the item relating to section 1061. (h) Effective Date.-- (1) In general.--Except as otherwise provided in this subsection, the amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act. (2) Partnership taxable years which include effective date.--In applying section 710(a) of the Internal Revenue Code of 1986 (as added by this section) in the case of any partnership taxable year which includes the date of the enactment of this Act, the amount of the net capital gain referred to in such section shall be treated as being the lesser of the net capital gain for the entire partnership taxable year or the net capital gain determined by only taking into account items attributable to the portion of the partnership taxable year which is after such date. (3) Dispositions of partnership interests.-- (A) In general.--Section 710(b) of such Code (as added by this section) shall apply to dispositions and distributions after the date of the enactment of this Act. (B) Indirect dispositions.--The amendments made by subsection (b) shall apply to transactions after the date of the enactment of this Act. (4) Other income and gain in connection with investment management services.--Section 710(e) of such Code (as added by this section) shall take effect on the date of the enactment of this Act. <all>

Small Business Tax Relief Act

To amend the Internal Revenue Code of 1986 to lower the corporate tax rate for small businesses and close the carried interest loophole, and for other purposes.

Small Business Tax Relief Act

Rep. Craig, Angie

D

MN

S.5070

Agriculture and Food

Relief for Farmers Hit with PFAS Act This bill directs the Department of Agriculture (USDA) to establish a grant program to help states address contamination by perfluoroalkyl and polyfluoroalkyl substances, commonly referred to as PFAS, on agricultural land and commercial farms. The bill also requires USDA to establish a task force to provide (1) advice regarding whether addressing PFAS contamination should be added as an eligible activity for each USDA program, and (2) technical assistance to states in addressing PFAS contamination.

To authorize the Secretary of Agriculture to provide grants to States to address contamination by perfluoroalkyl and polyfluoroalkyl substances on farms, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Relief for Farmers Hit with PFAS Act''. SEC. 2. DEFINITIONS. In this Act: (1) Agricultural land.-- (A) In general.--The term ``agricultural land'' means any land that is used, or capable of use without substantial modification, for production of farm products. (B) Inclusion.--The term ``agricultural land'' includes irrigation water and groundwater on or associated with land described in subparagraph (A). (2) Commercial farm.--The term ``commercial farm'' means a farm on which a person produces any farm product with the intent that the farm product be sold or otherwise disposed of to generate income. (3) Farm product.-- (A) In general.--The term ``farm product'' means any plant or animal that is useful to humans. (B) Inclusions.--The term ``farm product'' includes-- (i) forages; (ii) sod crops; (iii) grains; (iv) food crops; (v) dairy products; (vi) poultry and poultry products; (vii) bees; (viii) livestock and livestock products; (ix) fruits; (x) berries; (xi) vegetables; (xii) flowers; (xiii) seeds; (xiv) grasses; (xv) Christmas trees; and (xvi) other similar products. (4) PFAS.--The term ``PFAS'' means any member of the class of fluorinated organic chemicals containing at least 1 fully fluorinated carbon atom. (5) Program.--The term ``program'' means the program established under section 3(a). (6) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (7) Septage.--The term ``septage'' means waste, refuse, effluent, sludge, and any other materials from septic tanks, cesspools, or any other similar facilities. (8) Sludge.--The term ``sludge'' means-- (A) nonhazardous solid, semisolid, or liquid waste generated from a municipal, commercial, or industrial-- (i) wastewater treatment plant; (ii) water supply treatment plant; or (iii) wet process air pollution control facility; and (B) any other waste having similar characteristics and effect. SEC. 3. ESTABLISHMENT. (a) In General.--The Secretary shall establish a program under which the Secretary shall provide grants to States for the purposes described in section 4. (b) Eligibility.--To be eligible to receive a grant under the program, a State shall contain-- (1) agricultural land that contains any soil with levels above 0.3 parts per billion of PFAS; or (2) water used for the production of farm products that is above the less stringent of-- (A) the most recent advisory level for PFAS established by the Administrator of the Environmental Protection Agency pursuant to section 1412(b)(1)(F) of the Safe Drinking Water Act (42 U.S.C. 300g- 1(b)(1)(F)); and (B) the most recent advisory level for PFAS established by that State, if applicable. (c) Applications.-- (1) In general.--To receive a grant under the program, the department of agriculture or similar agency of a State shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (2) Spend plan.--An application submitted under paragraph (1) shall contain a plan describing how the State will administer the funding received under the program, including funding priorities and oversight. (d) Set-Aside.--The Secretary shall provide not less than 30 percent of the total amount of grants provided under the program to 1 or more States with a population of less than 3,000,000. SEC. 4. PURPOSES. A State may use a grant received under the program to provide funding for any of the following purposes: (1) Monitoring the health of a person, and members of the household of that person, whose agricultural land is found to be contaminated by PFAS, including blood serum testing. (2) Providing medical care to a person who-- (A) works or lives on-- (i) agricultural land that is found to be contaminated by PFAS; or (ii) land adjacent to land described in clause (i); or (B) is found to have-- (i) blood levels of PFAS greater than the general population of the United States; or (ii) health effects associated with exposure to PFAS. (3) Relocating-- (A) agricultural land that is found to be contaminated by PFAS; or (B) a commercial farm any agricultural land of which is found to be contaminated by PFAS. (4) Buying, selling, or providing compensation for agricultural land or farm products found to be contaminated by PFAS, including costs associated with the depopulation or disposal of farm products, premortem or postmortem. (5) Investing in equipment, facilities, and infrastructure to ensure that agricultural land that, or a commercial farm any agricultural land of which, is found to be contaminated by PFAS maintains profitability while the producers on the agricultural land or commercial farm, in response to the PFAS contamination-- (A) transition to an alternative cropping system; or (B) implement remediation strategies (including disposal), technological adaptations, solar energy development, or other modifications to the operations of the agricultural land or commercial farm. (6) Assisting the producers on agricultural land that, or a commercial farm any agricultural land of which, is found to be contaminated by PFAS in developing an enterprise budget for-- (A) alternative cropping systems; (B) remediation strategies; (C) technological adaptations; or (D) transitioning to an alternative revenue stream, including a land-use system that combines agricultural use of the land with solar energy production. (7) Providing financial assistance to a person the commercial farm of which is found to be contaminated by PFAS, including income replacement and mortgage payments. (8) Evaluating and expanding the capacity of PFAS testing and data management in the State. (9) Conducting research that-- (A) supports short-term farm management decisions with respect to agricultural land that has been contaminated by PFAS; and (B) assesses future options for viable uses of agricultural land that has been contaminated by PFAS. (10) Conducting research that quantifies the impact of PFAS on commercial farms and agricultural communities in the State. (11) Conducting research on-- (A) soil and water remediation systems; and (B) the viability of those systems for commercial farms. (12) Conducting research on-- (A) implementing alternative cropping systems in response to PFAS contamination; (B) the PFAS uptake of various crops; (C) the use of livestock systems to mitigate exposure to, and for remediation of, PFAS; and (D) food safety criteria for food products relating to PFAS contamination. (13) Developing and implementing educational programs for owners of agricultural land, including determining best practices for-- (A) informing residents about the potential of being near or on a site on which sludge or septage application was licensed or permitted by the State or the Federal Government; and (B) providing information and guidance on buying or selling agricultural land on which sludge or septage was applied. (14) Long-term monitoring of agricultural land sites contaminated by PFAS and establishing a corresponding centralized data repository. (15) Assisting commercial farms and other persons in the agricultural sector not directly affected by PFAS contamination with marketing efforts whose branding and marketing may be affected by the public perception of PFAS contamination in the State. (16) Regional planning with other States and the Federal Government to protect the food supply and farmers in the State from out-of-State PFAS contamination. (17) Testing of farm products, agricultural land, or other locations that are suspected to be contaminated with PFAS. SEC. 5. REPORTS. Not later than March 31 following each year of the period of a grant received under the program, the department of agriculture or similar agency of a State shall submit to the Secretary a report describing-- (1) the uses of the grant during the previous year, including-- (A) the purposes described in section 4 for which the grant was used; (B) the amount of the grant allocated to each purpose described in section 4; and (C) the extent to which the funding received under the program, including funding priorities and oversight, was administered in accordance with the plan described in section 3(c)(2); and (2) any additional needs identified by agricultural producers in the State. SEC. 6. TASK FORCE. The Secretary shall establish a task force composed of officers or employees of the Department of Agriculture-- (1) to provide advice to the Secretary relating to whether addressing PFAS contamination should be added as an eligible activity under each program of the Department of Agriculture; and (2) to provide technical assistance to States in addressing PFAS contamination. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to the Secretary to carry out this Act $500,000,000 for the period of fiscal years 2023 through 2027. <all>

Relief for Farmers Hit with PFAS Act

A bill to authorize the Secretary of Agriculture to provide grants to States to address contamination by perfluoroalkyl and polyfluoroalkyl substances on farms, and for other purposes.

Relief for Farmers Hit with PFAS Act

Sen. Collins, Susan M.

R

ME

H.R.1275

Labor and Employment

National Right-to-Work Act This bill repeals those provisions of the National Labor Relations Act and the Railway Labor Act that permit employers to make an agreement with a labor union to require employees to join such union as a condition of employment. Currently, at least 27 states have enacted laws prohibiting employers from compelling employees to become members of a union as a condition of employment.

To preserve and protect the free choice of individual employees to form, join, or assist labor organizations, or to refrain from such activities. Be it enacted by the Senate 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 Right-to-Work Act''. SEC. 2. AMENDMENTS TO THE NATIONAL LABOR RELATIONS ACT. (a) Section 7 of the National Labor Relations Act (29 U.S.C. 157) is amended by striking ``except to'' and all that follows through ``authorized in section 8(a)(3)''. (b) Section 8(a)(3) of the National Labor Relations Act (29 U.S.C. 158(a)(3)) is amended by striking ``: Provided, That'' and all that follows through ``retaining membership''. (c) Section 8(b) of the National Labor Relations Act (29 U.S.C. 158(b)) is amended-- (1) in paragraph (2), by striking ``or to discriminate'' and all that follows through ``retaining membership''; and (2) in paragraph (5), by striking ``covered by an agreement authorized under subsection (a)(3)''. (d) Section 8(f) of the National Labor Relations Act (29 U.S.C. 158(f)) is amended by striking paragraph (2) and redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively. SEC. 3. AMENDMENT TO THE RAILWAY LABOR ACT. Section 2 of the Railway Labor Act (45 U.S.C. 152) is amended by striking paragraph Eleventh. <all>

National Right-to-Work Act

To preserve and protect the free choice of individual employees to form, join, or assist labor organizations, or to refrain from such activities.

National Right-to-Work Act

Rep. Wilson, Joe

R

SC

H.R.166

Finance and Financial Sector

Fair Lending for All Act This bill modifies provisions related to prohibited credit discrimination. The bill adds sexual orientation, gender identity, and an applicant's location based on zip code or census tract as classes protected against discrimination with respect to credit transactions. (Currently, discrimination is prohibited on the basis of race, color, religion, national origin, sex, marital status, age, or because an applicant receives public assistance.) The bill establishes criminal penalties for violations of prohibited credit discrimination. The Consumer Financial Protection Bureau is required to review loan applications for compliance with specified consumer laws and to establish an Office of Fair Lending Testing.

To establish an Office of Fair Lending Testing to test for compliance with the Equal Credit Opportunity Act, to strengthen the Equal Credit Opportunity Act and to provide for criminal penalties for violating such Act, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Fair Lending for All Act''. SEC. 2. OFFICE OF FAIR LENDING TESTING. (a) Establishment.--There is established within the Bureau of Consumer Financial Protection an Office of Fair Lending Testing (hereinafter referred to as the ``Office''). (b) Director.--The head of the Office shall be a Director, who shall-- (1) be appointed to a 5-year term by, and report to, the Director of the Bureau of Consumer Financial Protection; (2) appoint and fix the compensation of such employees as are necessary to carry out the duties of the Office under this section; and (3) provide an estimated annual budget to the Director of the Bureau of Consumer Financial Protection. (c) Civil Service Position.--The position of the Director shall be a career position within the civil service. (d) Testing.-- (1) In general.--The Office, in consultation with the Attorney General and the Secretary of Housing and Urban Development, shall conduct testing of compliance with the Equal Credit Opportunity Act by creditors, through the use of individuals who, without any bona fide intent to receive a loan, pose as prospective borrowers for the purpose of gathering information. (2) Referral of violations.--If, in carrying out the testing described under paragraph (1), the Office believes a person has violated the Equal Credit Opportunity Act, the Office shall refer such violation in writing to the Attorney General for appropriate action. (e) Report to Congress.--Section 707 of the Equal Credit Opportunity Act (15 U.S.C. 1691f) is amended by adding at the end the following: ``In addition, each report of the Bureau shall include an analysis of the testing carried out pursuant to section 2 of the Fair Lending for All Act, and each report of the Bureau and the Attorney General shall include a summary of criminal enforcement actions taken under section 706A.''. SEC. 3. PROHIBITION ON CREDIT DISCRIMINATION. (a) In General.--Subsection (a) of section 701 of the Equal Credit Opportunity Act (15 U.S.C. 1691) is amended to read as follows: ``(a) It shall be unlawful to discriminate against any person, with respect to any aspect of a credit transaction-- ``(1) on the basis of race, color, religion, national origin, sex (including sexual orientation and gender identity), marital status, or age (provided the applicant has the capacity to contract); ``(2) on the basis of the person's zip code, or census tract; ``(3) because all or part of the person's income derives from any public assistance program; or ``(4) because the person has in good faith exercised any right under the Consumer Credit Protection Act.''. (b) Removal of Certain References to Creditors and Applicants and Definition Added.--The Equal Credit Opportunity Act (15 U.S.C. 1691 et seq.) is amended-- (1) in section 701(b)-- (A) by striking ``applicant'' each place such term appears and inserting ``person''; and (B) in paragraph (2), by striking ``applicant's'' each place such term appears and inserting ``person's''; (2) in section 702-- (A) by redesignating subsection (g) as subsection (h); and (B) by inserting after subsection (f) the following: ``(g) The term `aggrieved person' includes any person who-- ``(1) claims to have been injured by a discriminatory credit practice; or ``(2) believes that such person will be injured by a discriminatory credit practice.''; (3) in section 704A-- (A) in subsection (b)(1), by striking ``applicant'' each place such term appears and inserting ``aggrieved person''; and (B) in subsection (c), by striking ``applicant'' and inserting ``aggrieved person''; (4) in section 705-- (A) by striking ``the applicant'' each place such term appears and inserting ``persons''; and (B) in subsection (a)-- (i) by striking ``a creditor to take'' and inserting ``taking''; and (ii) by striking ``applicant'' and inserting ``person''; and (5) in section 706-- (A) by striking ``creditor'' each place such term appears and inserting ``person''; (B) by striking ``creditor's'' each place such term appears and inserting ``person's''; (C) by striking ``creditors'' each place such term appears and inserting ``persons''; and (D) in subsection (f), by striking ``applicant'' and inserting ``aggrieved person''. SEC. 4. CRIMINAL PENALTIES FOR VIOLATIONS OF THE EQUAL CREDIT OPPORTUNITY ACT. (a) In General.--The Equal Credit Opportunity Act (15 U.S.C. 1691 et seq.) is amended by inserting after section 706 the following: ``Sec. 706A. Criminal penalties ``(a) Individual Violations.--Any person who knowingly and willfully violates this title shall be fined not more than $50,000, or imprisoned not more than 1 year, or both. ``(b) Pattern or Practice.-- ``(1) In general.--Any person who engages in a pattern or practice of knowingly and willfully violating this title shall be fined not more than $100,000 for each violation of this title, or imprisoned not more than twenty years, or both. ``(2) Personal liability of executive officers and directors of the board.--Any executive officer or director of the board of an entity who knowingly and willfully causes the entity to engage in a pattern or practice of knowingly and willfully violating this title (or who directs another agent, senior officer, or director of the entity to commit such a violation or engage in such acts that result in the director or officer being personally unjustly enriched) shall be-- ``(A) fined in an amount not to exceed 100 percent of the compensation (including stock options awarded as compensation) received by such officer or director from the entity-- ``(i) during the time period in which the violations occurred; or ``(ii) in the one to three year time period preceding the date on which the violations were discovered; and ``(B) imprisoned for not more than 5 years.''. (b) Clerical Amendment.--The table of contents for the Equal Credit Opportunity Act (15 U.S.C. 1691 et seq.) is amended by inserting after the item relating to section 706 the following: ``706A. Criminal penalties.''. SEC. 5. REVIEW OF LOAN APPLICATIONS. (a) In General.--Subtitle C of the Consumer Financial Protection Act of 2010 (12 U.S.C. 5531 et seq.) is amended by adding at the end the following: ``SEC. 1038. REVIEW OF LOAN APPLICATIONS. ``(a) In General.--The Bureau shall carry out reviews of loan applications and the process of taking loan applications being used by covered persons to ensure such applications and processes do not violate the Equal Credit Opportunity Act or any other Federal consumer financial law. ``(b) Prohibition and Enforcement.--If the Bureau determines under subsection (a) that any loan application or process of taking a loan application violates the Equal Credit Opportunity Act or any other Federal consumer financial law, the Bureau shall-- ``(1) prohibit the covered person from using such application or process; and ``(2) take such enforcement or other actions with respect to the covered person as the Bureau determines appropriate.''. (b) Clerical Amendment.--The table of contents in section 1 of the Dodd-Frank Wall Street Reform and Consumer Protection Act is amended by inserting after the item relating to section 1037 the following: ``Sec. 1038. Review of loan applications.''. SEC. 6. MORTGAGE DATA COLLECTION. (a) In General.--Section 304(b)(4) of the Home Mortgage Disclosure Act of 1975 (12 U.S.C. 2803(b)(4)) is amended by striking ``census tract, income level, racial characteristics, age, and gender'' and inserting ``the applicant or borrower's zip code, census tract, income level, race, color, religion, national origin, sex, marital status, sexual orientation, gender identity, and age''. (b) Protection of Privacy Interests.--Section 304(h)(3)(A) of the Home Mortgage Disclosure Act of 1975 (12 U.S.C. 2803(h)(3)(A)) is amended-- (1) in clause (i), by striking ``and'' at the end; (2) by redesignating clause (ii) as clause (iii); and (3) by inserting after clause (i) the following: ``(ii) zip code, census tract, and any other category of data described in subsection (b)(4), as the Bureau determines to be necessary to satisfy the purpose described in paragraph (1)(E), and in a manner consistent with that purpose; and''. Amend the title so as to read: ``A bill to establish an Office of Fair Lending Testing to test for compliance with the Equal Credit Opportunity Act, to strengthen the Equal Credit Opportunity Act, to ensure that persons injured by discriminatory practices, including organizations that have diverted resources to address discrimination and whose mission has been frustrated by illegal acts, can seek relief under such Act and to provide for criminal penalties for violating such Act, and for other purposes.''. Union Calendar No. 263 117th CONGRESS 2d Session H. R. 166 [Report No. 117-349] _______________________________________________________________________

Fair Lending for All Act

To establish an Office of Fair Lending Testing to test for compliance with the Equal Credit Opportunity Act, to strengthen the Equal Credit Opportunity Act and to provide for criminal penalties for violating such Act, and for other purposes.

Fair Lending for All Act Fair Lending for All Act

Rep. Green, Al

D

TX

H.R.3991

Commerce

Telling Everyone the Location of data Leaving the U.S. Act or the TELL ActThis bill requires online sellers or distributors of mobile applications that maintain and store information in China to conspicuously disclose to users that such information is stored in China and whether the information is accessible by the Chinese Communist Party or a Chinese state-owned entity.

To require that any person that maintains an internet website or that sells or distributes a mobile application that maintains and stores information collected from such website or application in China to disclose that such information is stored and maintained in the People's Republic of China and whether the Chinese Communist Party or a Chinese state-owned entity has access to such information. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Telling Everyone the Location of data Leaving the U.S. Act'' or the ``TELL Act''. SEC. 2. COUNTRY DISCLOSURE REQUIREMENTS. (a) Disclosure Requirements.--Any person that maintains an internet website or that sells or distributes a mobile application that maintains and stores information collected from such website or application in the People's Republic of China shall disclose to any individual who downloads or otherwise uses such application, in a clear and conspicuous manner, the following-- (1) that such information is maintained and stored in the People's Republic of China; and (2) whether the Chinese Communist Party or a Chinese state- owned entity has access to such information. (b) False Information.--It shall be unlawful for the developer or publisher of such an application to knowingly provide false information with respect to the information required under this section. SEC. 3. ENFORCEMENT. (a) Unfair and Deceptive Acts or Practices.--A violation of this Act shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). (b) Powers of Federal Trade Commission.-- (1) In general.--The Federal Trade Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act. (2) Privileges and immunities.--Any person that violates this Act shall be subject to the penalties (including the provisions of subsections (l) and (m) of section 5 of such Act which provide for a maximum civil penalty per violation of $42,350 (as of February 14, 2019)), and entitled to the privileges and immunities, provided in the Federal Trade Commission Act (15 U.S.C. 41 et seq.). <all>

TELL Act

To require that any person that maintains an internet website or that sells or distributes a mobile application that maintains and stores information collected from such website or application in China to disclose that such information is stored and maintained in the People's Republic of China and whether the Chinese Communist Party or a Chinese state-owned entity has access to such information.

TELL Act Telling Everyone the Location of data Leaving the U.S. Act

Rep. Duncan, Jeff

R

SC

H.R.2628

Finance and Financial Sector

Debt Collection Practices Harmonization Act This bill applies certain consumer protections regarding debt collection to debt owed to a state. It also specifies that existing limits on civil damages awarded for abusive practices by a debt collector must be adjusted for inflation. A court may award injunctive relief for certain debt collection violations. The Department of the Treasury may not contract with any debt collector or other private party to recoup overpayments of certain disaster assistance made to an individual or household by the Federal Emergency Management Agency (FEMA), except in cases of fraud or deceit.

To amend the Fair Debt Collection Practices Act to extend the provisions of that Act to cover a debt collector who is collecting debt owed to a State or local government, to index award amounts under such Act for inflation, to provide for civil injunctive relief for violations of such Act, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Debt Collection Practices Harmonization Act''. SEC. 2. PREVENTING DECEPTIVE AND HARASSING PRACTICES WHEN COLLECTING DEBT OWED TO A STATE OR LOCAL GOVERNMENT. Section 803(5) of the Fair Debt Collection Practices Act (15 U.S.C. 1692a(5)) is amended-- (1) by striking ``money arising out'' and inserting the following: ``money-- ``(A) arising out''; (2) by striking ``judgment.'' and inserting ``judgment; or''; and (3) by adding at the end the following: ``(B) owed to a State.''. SEC. 3. AWARD OF DAMAGES. (a) Additional Damages Indexed for Inflation.-- (1) In general.--Section 813 of the Fair Debt Collection Practices Act (15 U.S.C. 1692k) is amended by adding at the end the following: ``(f) Adjustment for Inflation.-- ``(1) Initial adjustment.--Not later than 90 days after the date of the enactment of this subsection, the Bureau shall provide a percentage increase (rounded to the nearest multiple of $100 or $1,000, as applicable) in the amounts set forth in this section equal to the percentage by which-- ``(A) the Consumer Price Index for All Urban Consumers (all items, United States city average) for the 12-month period ending on the June 30 preceding the date on which the percentage increase is provided, exceeds ``(B) the Consumer Price Index for the 12-month period preceding January 1, 1978. ``(2) Annual adjustments.--With respect to any fiscal year beginning after the date of the increase provided under paragraph (1), the Bureau shall provide a percentage increase (rounded to the nearest multiple of $100 or $1,000, as applicable) in the amounts set forth in this section equal to the percentage by which-- ``(A) the Consumer Price Index for All Urban Consumers (all items, United States city average) for the 12-month period ending on the June 30 preceding the beginning of the fiscal year for which the increase is made, exceeds ``(B) the Consumer Price Index for the 12-month period preceding the 12-month period described in subparagraph (A).''. (2) Applicability.--The increases made under section 813(f) of the Fair Debt Collection Practices Act, as added by paragraph (1) of this subsection, shall apply with respect to failures to comply with a provision of such Act (15 U.S.C. 1601 et seq.) occurring on or after the date of enactment of this Act. (b) Injunctive Relief.--Section 813(d) of the Fair Debt Collection Practices Act (15 U.S.C. 1692k(d)) is amended by adding at the end the following: ``In a civil action alleging a violation of this title, the court may award appropriate relief, including injunctive relief.''. SEC. 4. PROHIBITION ON THE REFERRAL OF EMERGENCY INDIVIDUAL ASSISTANCE DEBT. Chapter 3 of title 31, United States Code, is amended-- (1) in subchapter II, by adding at the end the following: ``Sec. 334. Prohibition on the referral of emergency individual assistance debt ``With respect to any assistance provided by the Federal Emergency Management Agency to an individual or household pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122 et seq.), if the Secretary of the Treasury seeks to recoup any amount of such assistance because of an overpayment, the Secretary may not contract with any debt collector or other private party to collect such amounts, unless the overpayment occurred because of fraud or deceit and the recipient of such assistance knew or should have known about such fraud or deceit.''; and (2) in the table of contents for such chapter, by inserting after the item relating to section 333 the following: ``334. Prohibition on the referral of emergency individual assistance debt.''. <all>

Debt Collection Practices Harmonization Act

To amend the Fair Debt Collection Practices Act to extend the provisions of that Act to cover a debt collector who is collecting debt owed to a State or local government, to index award amounts under such Act for inflation, to provide for civil injunctive relief for violations of such Act, and for other purposes.

Debt Collection Practices Harmonization Act

Rep. Meeks, Gregory W.

D

NY

H.R.3143

Crime and Law Enforcement

Buyback Our Safety Act This bill directs the Office of Justice Programs within the Department of Justice to establish a gun buyback grant program for state, local, and tribal law enforcement agencies.

To establish a gun buyback grant program. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Buyback Our Safety Act''. SEC. 2. GUN BUYBACK GRANT PROGRAM. (a) In General.--The Attorney General, through the Assistant Attorney General for the Office of Justice Programs of the Department of Justice, shall establish a gun buyback grant program under which the Assistant Attorney General may make grants to law enforcement agencies of States, units of local government, and Indian tribal governments to assist in funding gun buyback programs carried out by such agencies. (b) Gun Buyback Program Defined.--For purposes of this section, the term ``gun buyback program'' means, with respect to a law enforcement agency of a State, unit of local government, or Indian tribal government, a program carried out by such agency under which guns are purchased or surrendered to such agency. (c) Applications.--A law enforcement agency described in subsection (a) desiring a grant under this section shall submit to the Assistant Attorney General for the Office of Justice Programs an application for the grant, in accordance with subsection (d) and which shall be in such form and contain such information as the Assistant Attorney General may require. (d) Requirements.--The Assistant Attorney General may make a grant under this section to a law enforcement agency described in subsection (a), with respect to a gun buyback program, only if the application submitted under subsection (c) by such agency provides assurances that-- (1) the law enforcement agency will adequately advertise such program to the public; (2) such program will be administered by law enforcement personnel; (3) all guns received through such program will remain in the possession of law enforcement personnel; (4) adequate safeguards will be established and followed to prevent the occurrence of fraud in such program; (5) the law enforcement agency will have in place a process to test on site a gun purchased from an individual through such program before payment is provided to such individual; and (6) an adequate process will be in place to destroy all guns received through such program. (e) Matching Requirement.-- (1) In general.--Subject to paragraph (2), to be eligible for a grant under this section, a law enforcement agency must certify that the law enforcement agency will match all Federal funds provided under such grant with an equal amount of cash or in-kind goods or services from other non-Federal sources. (2) Waiver.--The Assistant Attorney General for the Office of Justice Programs may waive, wholly or in part, the matching requirement under paragraph (1) with respect to a grant made under this section to a law enforcement agency for a gun buyback program if such program provides for obtaining only the guns identified by the National Academy of Sciences pursuant to subsection (f). (f) National Academy of Sciences Standards.--The Attorney General, through the Assistant Attorney General for the Office of Justice Programs, shall enter into an arrangement with the National Academy of Sciences to develop standards for identifying, and identify, guns that are the most likely to be used in violent crimes and establish a pricing scale for purchasing guns so identified through gun buyback programs receiving grants under this section. (g) Reports.-- (1) Reports required by grantees.--In the case of a law enforcement agency described in subsection (a) receiving a grant under this section with respect to a gun buyback program, such agency shall submit to the Assistant Attorney General for the Office of Justice Programs-- (A) not later than 90 days after receipt of such grant and every 90 days thereafter during the period for which the program is carried out, a report including-- (i) the number and types of guns collected and destroyed through such program during such period; and (ii) recommendations for improving future gun buyback programs in the jurisdiction of such agency; and (B) not later than 90 days after the last day of such program, a final report including the information described in each of subclauses (I) and (II) of clause (i) with respect to the duration of the program. (2) Reports by the office of justice programs.--Not later than one year after the date of the enactment of this section and annually thereafter, the Assistant Attorney General for the Office of Justice Programs shall submit to Congress a report on-- (A) the number of gun buyback programs that received funding under this section; (B) the number of guns received through each such gun buyback program; (C) the total number of guns purchased through all such gun buyback programs; and (D) recommendations on improving the grant program under this section and gun buyback programs. (h) Definitions.--For purposes of this section: (1) State.--The term ``State'' means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands. (2) Unit of local government.--The term ``unit of local government'' means a county, municipality, town, township, village, parish, borough, or other unit of general government below the State level. (3) Violent crime.--The term ``violent crime'' means murder, non-negligent manslaughter, forcible rape, robbery, and aggravated assault, as reported by the Federal Bureau of Investigation for purposes of the Uniform Crime Report. (i) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $15,000,000 for the period of fiscal years 2022 through 2026. <all>

Buyback Our Safety Act

To establish a gun buyback grant program.

Buyback Our Safety Act

Rep. Deutch, Theodore E.

D

FL

S.3372

Armed Forces and National Security

This bill addresses Department of Veterans Affairs (VA) benefits and care for covered children. Under the bill, a covered child is an individual, regardless of age or marital status, who is the natural child of a Vietnam veteran or a veteran of specified service in Korea or Thailand who was conceived after the date on which the veteran entered service in Vietnam, Korea, or Thailand. The bill requires the VA to establish an advisory council on health care and benefits for covered children. Additionally, the VA must establish care and coordination teams for covered children. At least every 180 days, the teams must conduct outreach to ensure the continued care of the children and assist with any necessary changes in care. The VA must report to Congress a list of conditions that will trigger outreach to covered children, and contact such children as soon as practicable after the identification of a condition. The bill requires the VA to provide a covered child with health care and benefits for the duration of the child's life, regardless of the death of a parent preceding the death of the child. The Veterans Benefits Administration and the Veterans Health Administration must enter into a memorandum of understanding to better assist covered children and establish conditions to be included in the report required by this bill.

To amend title 38, United States Code, to strengthen benefits for children of Vietnam veterans born with spina bifida, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. BENEFITS FOR CERTAIN CHILDREN OF VIETNAM VETERANS AND CERTAIN OTHER VETERANS. (a) Definitions.--Section 1831 of title 38, United States Code, is amended-- (1) by redesignating paragraphs (2) and (3) as paragraphs (4) and (5), respectively; and (2) by inserting after paragraph (1) the following new paragraphs: ``(2) The term `covered child' means a child who is eligible for health care and benefits under this chapter. ``(3) The term `covered veteran' means an individual whose children are eligible for health care and benefits under this chapter.''. (b) In General.--Subchapter IV of chapter 18 of title 38, United States Code, is amended by adding at the end the following new sections: ``Sec. 1835. Advisory council ``(a) In General.--The Secretary shall establish an advisory council on health care and benefits for covered children. ``(b) Duties.--The advisory council established under subsection (a) shall solicit feedback from covered children and covered veterans on the health care and benefits provided under this chapter and communicate such feedback to the Secretary. ``Sec. 1836. Care and coordination teams ``(a) In General.--The Secretary shall establish care and coordination teams for covered children. ``(b) Outreach.--A care and coordination team established under subsection (a) shall contact each covered child-- ``(1) not less frequently than once every 180 days, to ensure the continued care of the child and assist with any changes in care needed due to a changed situation of the child; and ``(2) as soon as practicable after the identification of a condition listed in the report required by subsection (c). ``(c) Report.--Not later than 180 days after the date of the enactment of this section, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report setting forth a list of conditions that will trigger outreach to covered children under subsection (b)(2). ``Sec. 1837. Duration of health care and benefits provided ``The Secretary shall provide a covered child with health care and benefits under this chapter-- ``(1) for the duration of the life of the child; and ``(2) notwithstanding any death of a parent of the child that precedes the death of the child.''. (c) Memorandum of Understanding.--Not later than 90 days after the date of the enactment of this Act, the Under Secretary for Benefits of the Department of Veterans Affairs and the Under Secretary for Health of the Department shall enter into a memorandum of understanding-- (1) to better assist covered children (as defined in section 1831 of title 38, United States Code, as amended by subsection (a)); and (2) to establish conditions to be included in the report required by section 1836(c) of title 38, United States Code, as added by subsection (b). (d) Implementation.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall establish-- (1) the advisory council required under section 1835 of title 38, United States Code, as added by subsection (b); and (2) the care and coordination teams required under section 1836 of such title, as so added. (e) Clerical Amendment.--The table of sections at the beginning of chapter 18 of title 38, United States Code, is amended by adding at the end the following new items: ``1835. Advisory council. ``1836. Care and coordination teams. ``1837. Duration of health care and benefits provided.''. <all>

A bill to amend title 38, United States Code, to strengthen benefits for children of Vietnam veterans born with spina bifida, and for other purposes.

A bill to amend title 38, United States Code, to strengthen benefits for children of Vietnam veterans born with spina bifida, and for other purposes.

Official Titles - Senate Official Title as Introduced A bill to amend title 38, United States Code, to strengthen benefits for children of Vietnam veterans born with spina bifida, and for other purposes.

Sen. Braun, Mike

R

IN

S.2773

Commerce

Unleashing American Innovators Act of 2022 This bill modifies the responsibilities of U.S. Patent and Trademark Office (PTO) satellite offices and addresses related issues. The bill increases the discount on patent-related fees for small and micro entities. An entity that falsely claims such a discount shall be subject to a fine, in addition to any other existing penalties. The bill also modifies the statutory purpose of PTO satellite offices to include (1) outreach activities targeting certain groups, such as low-income populations, veterans, and geographic groups that are underrepresented in patent filings; and (2) targeting patent examiners and administrative patent judges from economically, geographically, and demographically diverse backgrounds in the PTO's retention activities. For each satellite office established after January 1, 2023, the PTO must consider the office's proximity to anchor institutions (e.g., hospitals primarily serving veterans and institutions of higher education) and certain groups, such as low-income populations, veterans, and geographic groups that are underrepresented in patent filings. The PTO must establish (1) a satellite office in the southeastern United States within three years of this bill's enactment, (2) at least four community outreach offices throughout the United States within five years of this bill's enactment, and (3) a pilot program to help prospective first-time patent applicants assess the strengths and weaknesses of a potential patent application. The PTO must also (1) conduct and report to Congress a study on patent pro bono programs, including whether such programs are sufficiently serving prospective and existing participants; and (2) use the study's findings to update such pro bono programs.

To amend the Leahy-Smith America Invents Act to address satellite offices of the United States Patent and Trademark Office, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Unleashing American Innovators Act of 2022''. SEC. 2. DEFINITIONS. In this Act: (1) Director.--The term ``Director'' means the Under Secretary of Commerce for Intellectual Property and Director of the Office. (2) Office.--The term ``Office'' means the United States Patent and Trademark Office. (3) Patent pro bono programs.--The term ``patent pro bono programs'' means the programs established pursuant to section 32 of the Leahy-Smith America Invents Act (35 U.S.C. 2 note). (4) Southeast region of the united states.--The term ``southeast region of the United States'' means the area of the United States that is comprised of the States of Virginia, North Carolina, South Carolina, Georgia, Florida, Tennessee, Alabama, Mississippi, Louisiana, and Arkansas. SEC. 3. SATELLITE OFFICES. (a) Amendments to Purpose and Required Considerations.--Section 23 of the Leahy-Smith America Invents Act (35 U.S.C. 1 note) is amended-- (1) in subsection (b)-- (A) in paragraph (1)-- (i) by striking ``increase outreach activities to''; and (ii) by inserting after ``Office'' the following: ``, including by increasing outreach activities, including to individual inventors, small businesses, veterans, low-income populations, students, rural populations, and any geographic group of innovators that the Director may determine to be underrepresented in patent filings''; and (B) by striking paragraph (2) and inserting the following: ``(2) enhance patent examiner and administrative patent judge retention, including patent examiners and administrative patent judges from economically, geographically, and demographically diverse backgrounds;''; and (2) in subsection (c)(1)-- (A) in subparagraph (D), by striking ``and'' at the end; (B) in subparagraph (E), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(F) with respect to each office established after January 1, 2023, shall consider the proximity of the office to anchor institutions (such as hospitals primarily serving veterans and institutions of higher education), individual inventors, small businesses, veterans, low-income populations, students, rural populations, and any geographic group of innovators that the Director may determine to be underrepresented in patent filings.''. (b) Southeast Regional Office.-- (1) In general.--Not later than 3 years after the date of enactment of this Act, the Director shall establish a satellite office of the Office in the southeast region of the United States. (2) Considerations.--When selecting a site for the office required under paragraph (1), the Director shall consider the following: (A) The number of patent-intensive industries located near the site. (B) How many research-intensive institutions, including institutions of higher education, are located near the site. (C) The State and local government legal and business frameworks that support intellectual property- intensive industries located near the site. (c) Study on Additional Satellite Offices.--Not later than 2 years after the date of enactment of this Act, the Director shall complete a study to determine whether additional satellite offices of the Office are necessary to-- (1) achieve the purposes described in section 23(b) of the Leahy-Smith America Invents Act (35 U.S.C. 1 note), as amended by this section; and (2) increase participation in the patent system by individual inventors, small businesses, veterans, low-income populations, students, rural populations, and any geographic group of innovators that the Director may determine to be underrepresented in patent filings. SEC. 4. COMMUNITY OUTREACH OFFICES. (a) Establishment.-- (1) In general.--Subject to paragraphs (2) and (3), not later than 5 years after the date of enactment of this Act, the Director shall establish not fewer than 4 community outreach offices throughout the United States. (2) Restriction.--No community outreach office established under paragraph (1) may be located in the same State as-- (A) the principal office of the Office; or (B) any satellite office of the Office. (3) Requirement for northern new england region.-- (A) In general.--The Director shall establish not less than 1 community outreach office under this subsection in the northern New England region, which shall serve the States of Vermont, New Hampshire, and Maine. (B) Considerations.--In determining the location for the office required to be established under subparagraph (A), the Director shall give preference to a location in which-- (i) as of the date of enactment of this Act-- (I) there is located not less than 1 public institution of higher education and not less than 1 private institution of higher education; and (II) there are located not more than 15 registered patent attorneys, according to data from the Office of Enrollment and Discipline of the Office; and (ii) according to data from the 2012 Survey of Business Owners conducted by the Bureau of the Census, less than 45 percent of the firms (as that term is defined for the purposes of that Survey) are owned by women, minorities, or veterans. (b) Purposes.--The purposes of the community outreach offices established under subsection (a) are to-- (1) further achieve the purposes described in section 23(b)(1) of the Leahy-Smith America Invents Act (35 U.S.C. 1 note), as amended by this Act; (2) partner with local community organizations, institutions of higher education, research institutions, and businesses to create community-based programs that-- (A) provide education regarding the patent system; and (B) promote the career benefits of innovation and entrepreneurship; and (3) educate prospective inventors, including individual inventors, small businesses, veterans, low-income populations, students, rural populations, and any geographic group of innovators that the Director may determine to be underrepresented in patent filings, about all public and private resources available to potential patent applicants, including the patent pro bono programs. SEC. 5. UPDATES TO THE PATENT PRO BONO PROGRAMS. (a) Study and Updates.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, the Director shall-- (A) complete a study of the patent pro bono programs; and (B) submit the results of the study required under subparagraph (A) to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives. (2) Scope of the study.--The study required under paragraph (1)(A) shall-- (A) assess-- (i) whether the patent pro bono programs, as in effect on the date on which the study is commenced, are sufficiently serving prospective and existing participants; (ii) whether the patent pro bono programs are sufficiently funded to serve prospective participants; (iii) whether any participation requirement of the patent pro bono programs, including any requirement to demonstrate knowledge of the patent system, serves as a deterrent for prospective participants; (iv) the degree to which prospective inventors are aware of the patent pro bono programs; (v) what factors, if any, deter attorneys from participating in the patent pro bono programs; (vi) whether the patent pro bono programs would be improved by expanding those programs to include non-attorney advocates; and (vii) any other issue the Director determines appropriate; and (B) make recommendations for such administrative and legislative action as may be appropriate. (b) Use of Results.--Upon completion of the study required under subsection (a), the Director shall work with the Pro Bono Advisory Council, the operators of the patent pro bono programs, and intellectual property law associations across the United States to update the patent pro bono programs in response to the findings of the study. (c) Expansion of Income Eligibility.-- (1) In general.--The Director shall work with and support, including by providing financial support to, existing patent pro bono programs and intellectual property law associations across the United States to expand eligibility for the patent pro bono programs to an individual living in a household, the gross household income of which is not more than 400 percent of the Federal poverty line. (2) Rule of construction.--Nothing in paragraph (1) may be construed to prevent a patent pro bono program from electing to establish a higher eligibility level, as compared to the level described in that paragraph. SEC. 6. PRE-PROSECUTION ASSESSMENT PILOT PROGRAM. (a) Pilot Program.--Not later than 1 year after the date of enactment of this Act, the Director shall establish a pilot program to assist first-time prospective patent applicants in assessing the strengths and weaknesses of a potential patent application submitted by such a prospective applicant. (b) Considerations.--In developing the pilot program required under subsection (a), the Director shall establish-- (1) a notification process to notify a prospective patent applicant seeking an assessment described in that subsection that any assessment so provided may not be considered an official ruling of patentability from the Office; (2) conditions to determine eligibility for the pilot program, taking into consideration available resources; (3) reasonable limitations on the amount of time to be spent providing assistance to each individual first-time prospective patent applicant; (4) procedures for referring prospective patent applicants to legal counsel, including through the patent pro bono programs; and (5) procedures to protect the confidentiality of the information disclosed by prospective patent applicants. SEC. 7. FEE REDUCTION FOR SMALL AND MICRO ENTITIES. (a) Title 35.--Section 41(h) of title 35, United States Code, is amended-- (1) in paragraph (1), by striking ``50 percent'' and inserting ``60 percent''; and (2) in paragraph (3), by striking ``75 percent'' and inserting ``80 percent''. (b) False Certifications.--Title 35, United States Code, is amended-- (1) in section 41, by adding at the end the following: ``(j) Penalty for False Assertions.--In addition to any other penalty available under law, an entity that is found to have falsely asserted entitlement to a fee reduction under this section shall be subject to a fine, to be determined by the Director, the amount of which shall be not less than 3 times the amount that the entity failed to pay as a result of the false assertion, whether the Director discovers the false assertion before or after the date on which a patent has been issued.''; and (2) in section 123, by adding at the end the following: ``(f) Penalty for False Certifications.--In addition to any other penalty available under law, an entity that is found to have falsely made a certification under this section shall be subject to a fine, to be determined by the Director, the amount of which shall be not less than 3 times the amount that the entity failed to pay as a result of the false certification, whether the Director discovers the false certification before or after the date on which a patent has been issued.''. (c) Leahy-Smith America Invents Act.--Section 10(b) of the Leahy Smith America Invents Act (35 U.S.C. 41 note) is amended-- (1) by striking ``50 percent'' and inserting ``60 percent''; and (2) by striking ``75 percent'' and inserting ``80 percent''. (d) Study on Fees.-- (1) In general.--Not later than 2 years after the date of enactment of this Act, the Director shall-- (A) complete a study of the fees charged by the Office; and (B) submit the results of the study required under subparagraph (A) to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives. (2) Scope of study.--The study required under paragraph (1)(A) shall-- (A) assess whether-- (i) fees for small and micro entities are inhibiting the filing of patent applications by those entities; (ii) fees for examination should approximately match the costs of examination and what incentives are created by using maintenance fees to cover the costs of examination; and (iii) the results of the assessments performed under clauses (i) and (ii) counsel in favor of changes to the fee structure of the Office, such as-- (I) raising standard application and examination fees; (II) reducing standard maintenance fees; and (III) reducing the fees for small and micro entities as a percentage of standard application fees; and (B) make recommendations for such administrative and legislative action as may be appropriate. Passed the Senate December 6, 2022. Attest: Secretary. 117th CONGRESS 2d Session S. 2773 _______________________________________________________________________

Unleashing American Innovators Act of 2022

A bill to amend the Leahy-Smith America Invents Act to address satellite offices of the United States Patent and Trademark Office, and for other purposes.

Unleashing American Innovators Act of 2022 Unleashing American Innovators Act of 2022 Unleashing American Innovators Act of 2021

Sen. Leahy, Patrick J.

D

VT

S.5190

International Affairs

Ending China's Developing Nation Status Act This bill requires the Department of State to take actions to stop China from being classified as a developing nation by international organizations. (Generally, international organizations provide developing nations certain rights and beneficial treatment. For example, the World Trade Organization provides developing nations with so-called special and differential treatment, which includes measures that aim to increase trading opportunities for those nations.) Under this bill, the State Department must advocate for international organizations to (1) change China's status from developing nation to developed nation, or (2) develop a mechanism to change China's status to developed nation if no mechanism currently exists. The President may waive this requirement if doing so is in the national interest of the United States.

To end the treatment of the People's Republic of China as a developing nation. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Ending China's Developing Nation Status Act''. SEC. 2. STATEMENT OF POLICY. It should be the policy of the United States-- (1) to refuse entering into any treaty in which the People's Republic of China-- (A) is labeled a developing nation; or (B) receives the benefits of a developing nation under the terms of the treaty; (2) to oppose the labeling or treatment of the People's Republic of China as a developing nation in each international organization of which the United States and the People's Republic of China are both current members; and (3) to pursue the labeling or treatment of the People's Republic of China as a developed nation in each international organization of which the United States and the People's Republic of China are both current members. SEC. 3. DEFINITIONS. In this Act: (1) Appropriate committees of congress.--The term ``appropriate committees of Congress'' means-- (A) the Committee on Foreign Relations of the Senate; and (B) the Committee on Foreign Affairs of the House of Representatives. (2) Secretary.--The term ``Secretary'' means the Secretary of State. SEC. 4. REPORT ON THE LABELING OF THE PEOPLE'S REPUBLIC OF CHINA'S DEVELOPMENT STATUS IN CURRENT TREATY NEGOTIATIONS. Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate committees of Congress identifying all current treaty negotiations in which-- (1) the proposed treaty develops different standards for the enforcement of the treaty based on the development status of the member states of the treaty; and (2) the People's Republic of China is under consideration for becoming a party to the treaty. SEC. 5. MECHANISMS FOR CHANGING DEVELOPMENT STATUS. (a) In General.--In any international organization of which the United States and the People's Republic of China are both current members, the Secretary shall pursue-- (1) changing the status of the People's Republic of China from developing nation to developed nation if a mechanism exists in such organization to make such status change; or (2) proposing the development of a mechanism described in paragraph (1) to change the status of the People's Republic of China in such organization from developing nation to developed nation. (b) Waiver.--The President may waive the application of paragraph (1) or (2) of subsection (a) with respect to any international organization if the President notifies the appropriate committees of Congress that such a waiver is in the national interests of the United States. <all>

Ending China's Developing Nation Status Act

A bill to end the treatment of the People's Republic of China as a developing nation.

Ending China's Developing Nation Status Act

Sen. Romney, Mitt

R

UT

H.R.8524

Health

Protect Sexual and Reproductive Health Act of 2022 This bill requires the Department of Health and Human Services (HHS) to undertake activities to promote access to sexual and reproductive health and well-being. The bill renames HHS's Office of Population Affairs as the Office of Sexual and Reproductive Health and modifies its responsibilities. Among other activities, the office must develop and implement a strategy to promote sexual and reproductive health and well-being. This strategy must include recommendations to integrate sexual and reproductive health equity and reproductive justice into federal programs. HHS must also award grants for improving access to sexual and reproductive health care to nonprofit or community-based organizations that assist individuals seeking abortion services through programs that are unbiased and medically and factually accurate. Grant funds may not be used to pay for abortion services. Additionally, HHS and the Director of the White House Gender Policy Council must jointly establish an interagency task force to coordinate and promote federal programs and activities related to sexual and reproductive health and well-being.

To establish the Office of Sexual and Reproductive Health and Well- Being within the Department of Health and Human Services, to generate a whole-of-government approach to protecting and affirming sexual and reproductive rights, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Protect Sexual and Reproductive Health Act of 2022''. SEC. 2. SEXUAL AND REPRODUCTIVE HEALTH AND WELL-BEING; REPRODUCTIVE JUSTICE AND EQUITY GRANT PROGRAM. (a) In General.--The Public Health Service Act (42 U.S.C. 201 et seq.) is amended by inserting after title XXXIII of such Act (42 U.S.C. 300mm et seq.) the following: ``TITLE XXXIV--SEXUAL AND REPRODUCTIVE HEALTH AND WELL-BEING ``SEC. 3401. OFFICE OF SEXUAL AND REPRODUCTIVE HEALTH AND WELL-BEING. ``(a) Establishment.--The Office of Population Affairs in the Department of Health and Human Services is hereby redesignated as the Office of Sexual and Reproductive Health and Well-Being (in this section referred to as the `Office'), to be headed by a Director of National Sexual and Reproductive Health and Well-Being (in this section referred to as the `Director'). The Director shall be appointed by the Secretary. ``(b) Responsibilities.--The Director shall have responsibility for overseeing activities that promote sexual and reproductive health and well-being, including-- ``(1) funding, conducting, and publicly disseminating the findings of, research on policies, programs, infrastructure, and other investments that serve to protect and increase access to services related to sexual and reproductive health and well- being; ``(2) not later than 1 year after the date of enactment of this title, developing a national strategy to promote sexual and reproductive health and well-being, to be known as the Sexual and Reproductive Health and Well-Being Strategy (in this section referred to as the `SRHW Strategy'); ``(3) coordinating implementation of the SRHW Strategy by-- ``(A) coordinating among Federal departments and agencies, including the Interagency Task Force on Sexual and Reproductive Health and Well-Being established under section 3402; ``(B) assessing Federal regulations and programs funded by the Federal Government with respect to sexual and reproductive health and well-being to ensure that such regulations and programs are consistent with the SRHW Strategy; ``(C) providing to the public updates, findings, and recommendations on sexual and reproductive health services collected from the reports made by recipients of grants under section 3403; ``(D) leading activities to engage the public, including publicly available listening sessions with affected communities; ``(E) coordinating with other Federal departments and agencies, as appropriate, to develop guidelines and recommendations for health care providers to implement best practices for protecting sexual and reproductive health and well-being; ``(F) supporting and helping to coordinate interagency initiatives that advance, streamline, and otherwise implement research programs, services, and activities that protect and increase access to sexual and reproductive health and well-being; ``(G) administering grant programs that support State governments, local governments, and community- based organizations in protecting and increasing access to sexual and reproductive health and well-being research programs, services, and activities; and ``(H) consulting with the Attorney General and the Chair of the Federal Trade Commission to develop strategies to-- ``(i) protect consumers' privacy when seeking provision of, or information about, sexual and reproductive health care services; and ``(ii) strengthen the protection of sensitive information related to sexual and reproductive health care services and bolster patient-provider confidentiality; ``(4) carrying out community outreach programs to-- ``(A) inform local communities about the Office; and ``(B) notify potential grants recipients of funding opportunities; and ``(5) submitting to Congress reports in accordance with subsection (d). ``(c) SRHW Strategy Requirements.-- ``(1) Content.--The SRHW Strategy shall-- ``(A) identify areas to develop and implement a sexual and reproductive health framework that moves beyond a biomedical model of health to include services with respect to health, well-being, economic stability, and freedom from discrimination; ``(B) include recommendations-- ``(i) to integrate sexual and reproductive health equity and reproductive justice into processes and policies used, and programs provided, by Federal agencies; ``(ii) to remove Federal barriers to full reproductive autonomy; and ``(iii) to support patient-centered care models in hospitals, Federally qualified health centers, and entities eligible to receive funds under title X; ``(C) with respect to the recommendations under subparagraph (B), include goals that are comprehensive, research-based, and long-range; and ``(D) include short-term measurable goals to promote sexual and reproductive health and well-being that may be realistically achieved. ``(2) Consultation.--In developing the SRHW Strategy, the Director shall consult with-- ``(A) patients and communities; ``(B) State and local governments; and ``(C) nonprofit and nongovernmental entities and community-based organizations. ``(d) Reports.--Not later than 18 months after the date of enactment of this section, and on an annual basis thereafter, the Director shall submit to the Committee on Energy and Commerce and the Committee on Appropriations of the House of Representatives and the Committee on Health, Education, Labor, and Pensions and the Committee on Appropriations of the Senate, and post on the website of the Office, a report containing-- ``(1) a summary of the state of sexual and reproductive health and well-being in the United States; ``(2) a description of the effectiveness of the SRHW Strategy, including a summary of plans for implementing Federal policy recommendations; and ``(3) a detailed description of the actions taken by Federal agencies to implement the SRHW Strategy. ``(e) Definitions.--In this section: ``(1) Patient-centered care.--The term `patient-centered care' refers to a health care philosophy where-- ``(A) the health needs and desired health outcomes of a patient are the driving force behind all health care decisions and quality measurements; and ``(B) patients are partners with health care providers and such providers consider, with respect to a patient, clinical, emotional, mental, spiritual, social, and financial perspectives. ``(2) Reproductive health.--The term `reproductive health'-- ``(A) means a state of complete physical, mental, and social well-being; and ``(B) includes all matters relating to the reproductive system and the functions and processes of such system, and ensuring that an individual-- ``(i) is able to have a satisfying and safe sex life; and ``(ii) possesses the capability to reproduce and the freedom to decide if, when, and how often to reproduce. ``(3) Reproductive justice.--The term `reproductive justice' means-- ``(A) the human right to maintain personal bodily autonomy; ``(B) the ability to choose whether to have children; and ``(C) the ability to parent children in safe and sustainable communities. ``(4) Sexual and reproductive health and well-being.--The term `sexual and reproductive health and well-being' includes having access to trauma-informed, culturally sensitive services and support to attain the highest level of sexual and reproductive health. ``(5) Sexual and reproductive health equity.--The term `sexual and reproductive health equity' means a health policy framework that-- ``(A) ensures that individuals (including individuals across a range of age, gender, race, and other identities) have what is necessary to attain the highest level of sexual and reproductive health including having self-determination and the ability to achieve reproductive goals; and ``(B) includes government policies that value and support individuals fairly and justly. ``SEC. 3402. INTERAGENCY TASK FORCE ON SEXUAL AND REPRODUCTIVE HEALTH AND WELL-BEING. ``(a) Establishment.--The Secretary and the Director of the Gender Policy Council, acting jointly, shall establish and maintain an interagency task force to be known as the Interagency Task Force on Sexual and Reproductive Health and Well-Being (referred to in this section as the `Task Force') to coordinate and promote Federal programs and activities related to sexual and reproductive health and well- being. ``(b) Members.--The Task Force shall be composed of the following members (or their designees): ``(1) The Secretary of Health and Human Services, who shall serve as a Co-Chair of the Task Force. ``(2) The Director of the Gender Policy Council, who shall serve as a Co-Chair of the Task Force. ``(3) The Attorney General of the United States. ``(4) The Secretary of Housing and Urban Development. ``(5) The Secretary of Education. ``(6) The Secretary of Labor. ``(7) The Administrator of the Environmental Protection Agency. ``(8) The Secretary of Transportation. ``(9) The Secretary of Homeland Security. ``(10) The Secretary of the Interior. ``(11) The Secretary of State. ``(12) The Secretary of Agriculture. ``(13) The Secretary of Defense. ``(14) The Secretary of the Treasury. ``(15) The Secretary of Veterans Affairs. ``(16) The Secretary of Energy. ``(17) The Chair of the Federal Trade Commission. ``(18) The heads of other Federal departments and agencies, as determined necessary by the Secretary of Health and Human Services and Director of the Gender Policy Council. ``(c) Duties.--The Task Force shall-- ``(1) identify and coordinate activities to protect and strengthen access to essential reproductive health care and support services, and promote sexual and reproductive health and well-being; ``(2) coordinate Federal interagency policymaking, program development, and outreach efforts-- ``(A) to address barriers that individuals and entities may face in seeking and providing reproductive health care services; and ``(B) to promote and protect sexual and reproductive health and well-being; ``(3) on an annual basis, conduct a comprehensive equity- focused assessment of all Federal funds allocated for, and all Federal programs that support, sexual and reproductive health and well-being; ``(4) facilitate ongoing efforts to provide and support a whole-of-government approach to protecting and promoting sexual and reproductive health and well-being; and ``(5) support implementation of the SRHW Strategy by-- ``(A) developing agency-specific implementation and accountability plans; and ``(B) tracking and reporting, on an annual basis, information related to the Task Force's activities, assessments, and policy recommendations for protecting and improving sexual and reproductive health and well- being. ``(d) Meetings.--For the purpose of carrying out this section, the Task Force may hold such meetings, and sit and act at such times and places, as the Task Force considers appropriate. ``(e) Information.--The Task Force may secure directly from any Federal agency such information as may be necessary to enable the Task Force to carry out this section. Upon request of the Co-Chairs of the Task Force, the head of such agency shall furnish such information to the Task Force. ``SEC. 3403. REPRODUCTIVE JUSTICE AND EQUITY GRANT PROGRAM. ``(a) In General.--The Secretary shall award grants to eligible entities to pay for programs and services related to improving patient access to sexual and reproductive health care. ``(b) Timing.--Beginning not later than 30 days after the date of enactment of this section, the Secretary shall solicit applications for grants under this section. ``(c) Use of Funds.-- ``(1) Permissible uses.--An eligible entity receiving a grant under this section shall use the grant to pay for programs and services related to improving patient access to sexual and reproductive health care, which may include any of the following: ``(A) Mobile sexual and reproductive health care clinics. ``(B) Travel expenses. ``(C) Lodging. ``(D) Food assistance. ``(E) Childcare. ``(F) Translation services. ``(G) Doula care. ``(H) Patient education and information services. ``(I) Direct financial assistance. ``(J) Housing assistance. ``(K) Legal aid. ``(L) Comprehensive sex education. ``(M) Medical costs. ``(N) Behavioral health counseling. ``(2) Impermissible uses.--An eligible entity receiving a grant under this section shall not use the grant for costs with respect to the provision of an abortion service. ``(d) Priority.--In selecting the recipients of grants under this section, the Secretary shall give priority to eligible entities that-- ``(1) serve people who live in a jurisdiction that has banned or severely restricted access to abortion; ``(2) serve people who travel to a jurisdiction other than the one where they live to be provided abortion services; or ``(3) have a program in operation, or submit as part of the application required under subsection (d) a plan to establish and operate a program, to help patients access abortion services. ``(e) Definitions.--In this section: ``(1) The term `eligible entity'-- ``(A) means a nonprofit organization, or a community-based organization, that assists individuals seeking an abortion through programs, services, or activities that are unbiased and medically and factually accurate; and ``(B) excludes any entity that discourages individuals from seeking an abortion. ``(2) The term `nonprofit organization' means an organization that-- ``(A) is described in subsection (c)(3) of section 501 of the Internal Revenue Code of 1986; and ``(B) is, under subsection (a) of such section, exempt from taxation. ``(f) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $500,000,000 for each of fiscal years 2023 through 2027.''. (b) Conforming Changes; References.-- (1) Repeals.--Sections 3 and 4 of the Family Planning Services and Population Research Act of 1970 (42 U.S.C. 3505a, 3505b) are hereby repealed. (2) References.--Any reference to the Office of Population Affairs of the Department of Health and Human Services or the Deputy Assistant Secretary of Population Affairs in any law, rule, regulation, certificate, directive, instruction, or other official paper in force on the effective date of this Act shall be deemed to refer and apply to the Office of National Sexual and Reproductive Health and Well-Being or the Director of National Sexual and Reproductive Health and Well-Being, respectively. <all>

Protect Sexual and Reproductive Health Act of 2022

To establish the Office of Sexual and Reproductive Health and Well-Being within the Department of Health and Human Services, to generate a whole-of-government approach to protecting and affirming sexual and reproductive rights, and for other purposes.

Protect Sexual and Reproductive Health Act of 2022

Rep. Bush, Cori

D

MO

H.R.5709

Armed Forces and National Security

Afghanistan Security Through Intelligence Act This bill requires reports concerning the situation in Afghanistan and other specified countries. The National Intelligence Council within the Office of the Director of National Intelligence (ODNI) must submit to Congress a National Intelligence Estimate (a type of intelligence community assessment about a specific issue) on topics including (1) the presence of certain countries, including China, Iran, and Russia in Afghanistan and other specified countries, such as India and the Gulf Cooperation Council countries; (2) any change to threats to the United States as a result of the withdrawal of U.S. Armed Forces from Afghanistan on August 31, 2021; and (3) the political composition and stability of the governing body of Afghanistan. The ODNI must periodically report to Congress on issues such as (1) the intelligence community's collection posture with respect to issues involving Afghanistan, including the detection and prevention of any increased threat to the United States as a result of the U.S. military withdrawal from Afghanistan; (2) any plans or efforts to improve the intelligence collection posture in Afghanistan; and (3) the effect of publicly documenting the Taliban's abuses.

To direct the Director of National Intelligence to produce a National Intelligence Estimate on the situation in Afghanistan, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Afghanistan Security Through Intelligence Act''. SEC. 2. NATIONAL INTELLIGENCE ESTIMATE ON SECURITY SITUATION IN AFGHANISTAN AND RELATED REGION. (a) Requirement.--The Director of National Intelligence, acting through the National Intelligence Council, shall produce a National Intelligence Estimate on the situation in Afghanistan and the covered region. (b) Matters.--The National Intelligence Estimate produced under subsection (a) shall include, with respect to the 2-year period beginning on the date on which the Estimate is produced, an assessment of the following: (1) The presence in Afghanistan (including financial contributions to the Taliban, political relations with the Taliban, military presence in the covered region, economic presence in the covered region, and diplomatic presence in the covered region) of China, Iran, Pakistan, Russia, and any other foreign country determined relevant by the Director, respectively, and an assessment of the potential risks, or benefits, of any such presence, contributions, or relations. (2) Any change in the threat to the United States homeland or United States entities abroad as a result of the withdrawal of the Armed Forces from Afghanistan on August 31, 2021, including an assessment of the risk of al-Qaeda or any affiliates thereof, the Islamic State of Iraq and ash Sham- Khorasan or any affiliates thereof, or any other similar international terrorist group, using Afghanistan as a safe haven for launching attacks on the United States and its interests abroad. (3) The political composition and sustainability of the governing body of Afghanistan, including an assessment of the ability of the United States Government to influence the policies of such governing body on the following: (A) Counterterrorism. (B) Counternarcotics. (C) Human rights (particularly regarding women and girls and traditionally targeted ethnic groups). (D) The treatment and safe transit of Afghans holding special immigrant visa status under section 602 of the Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 note) and other Afghans who, during the period beginning in 2001, assisted efforts of the United States in Afghanistan or the covered region. (4) The effect on the covered region, and Europe, of refugees leaving Afghanistan. (5) The commitments of the Taliban relating to counterterrorism, including an assessment of-- (A) whether such commitments required under the agreement entered into between the United States Government and the Taliban in February 2020, have been tested, or will be tested during the 2-year period covered by the Estimate, and what such commitments entail; (B) whether any additional commitments relating to counterterrorism agreed to by the Taliban pursuant to subsequent negotiations with the United States Government following February 2020, have been tested, or will be tested during the 2-year period covered by the Estimate, and, if applicable, what such commitments entail; (C) any benchmarks against which the Taliban are to be evaluated with respect to commitments relating to counterterrorism; and (D) the intentions and capabilities of the Taliban with respect to counterterrorism (as such term is understood by the United States and by the Taliban, respectively), including the relations of the Taliban with al-Qaeda or any affiliates thereof, the Islamic State of Iraq and ash Sham-Khorasan or any affiliates thereof, or any other similar international terrorist group. (c) Submission to Congress.-- (1) Submission.--Not later than one year after the date of the enactment of this Act, the Director shall submit to the congressional intelligence committees the National Intelligence Estimate produced under subsection (a), including all intelligence reporting underlying the Estimate. (2) Form.--The National Intelligence Estimate shall be submitted under paragraph (1) in classified form. (d) Public Version.--Consistent with the protection of intelligence sources and methods, at the same time as the Director submits to the congressional intelligence committees the National Intelligence Estimate under subsection (c), 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. (e) Definitions.--In this section: (1) Congressional intelligence committees.--The term ``congressional intelligence committees'' means the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate. (2) Covered region.--The term ``covered region'' includes the following countries: (A) China. (B) The Gulf Cooperation Council countries, including Qatar, Saudi Arabia, the United Arab Emirates. (C) India. (D) Iran. (E) Pakistan. (F) Tajikistan. (G) Turkey. (H) Turkmenistan. (I) Uzbekistan. (3) United states entity.--The term ``United States entity'' means a citizen of the United States, an embassy or consulate of the United States, or an installation, facility, or personnel of the United States Government. SEC. 3. REPORT ON INTELLIGENCE COLLECTION POSTURE AND OTHER MATTERS RELATING TO AFGHANISTAN AND RELATED REGION. (a) Report.--Not later than 90 days after the date of the enactment of this Act, the Director of National Intelligence, in consultation with the heads of elements of the intelligence community determined relevant by the Director, shall submit to the congressional intelligence committees a report on the collection posture of the intelligence community and other matters relating to Afghanistan and the covered region. (b) Matters.--The report under subsection (a) shall include the following: (1) A detailed description of the collection posture of the intelligence community with respect to Afghanistan, including with respect to the following: (A) The countering of terrorism threats that are directed at the United States homeland or United States entities abroad. (B) The finances of the Taliban, including financial contributions to the Taliban from foreign countries (particularly from China, Iran, Russia, and any other foreign country in the Arab Gulf region (or elsewhere) determined relevant by the Director, respectively). (C) The detection, and prevention of, any increased threat to the United States homeland or United States entities abroad as a result of the withdrawal of the United States Armed Forces from Afghanistan on August 31, 2021, including any such increased threat resulting from al-Qaeda or any affiliates thereof, the Islamic State of Iraq and ash Sham-Khorasan or any affiliates thereof, or any other similar international terrorist group, using Afghanistan as a safe harbor. (2) A detailed description of any plans, strategies, or efforts to improve the collection posture described in paragraph (1)(A), including by filling any gaps identified pursuant to such paragraph. (3) An assessment of the effect of publicly documenting abuses engaged in by the Taliban, and a description of the efforts of the intelligence community to support other departments and agencies in the Federal Government with respect to the collection and documentation of such abuses. (4) An assessment of the relationship between the intelligence community and countries in the covered region, including an assessment of the following: (A) Intelligence and information sharing with such countries. (B) Any change in the collection posture of the intelligence community with respect to the nuclear activities of such countries as a result of the withdrawal of the United States Armed Forces from Afghanistan on August 31, 2021. (C) The collection posture of the intelligence community with respect to the presence of such countries in Afghanistan (including financial contributions to the Taliban, political relations with the Taliban, military presence in Afghanistan, economic presence in Afghanistan, and diplomatic presence in Afghanistan) and the understanding of the intelligence community regarding the potential risks, or benefits, of any such presence, contributions, or relations. (D) The ability of the intelligence community to use the airspace of any such countries. (5) An assessment of any financial contributions to the Taliban from foreign countries (particularly from China, Iran, Russia, and any other foreign country in the Arab Gulf region (or elsewhere) determined relevant by the Director, respectively) made during the year preceding the withdrawal of the United States Armed Forces from Afghanistan on August 31, 2021. (c) Form.--The report under subsection (a) may be submitted in classified form, but shall include an unclassified summary. (d) Biannual Updates.--On a biannual basis during the 5-year period following the date of the submission of the report under subsection (a), the Director of National Intelligence, in consultation with the heads of the elements of the intelligence community determined relevant by the Director, shall submit to the congressional intelligence committees an update to such report. (e) Definitions.--In this section: (1) Congressional intelligence committees.--The term ``congressional intelligence committees'' means the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate. (2) Covered region.--The term ``covered region'' includes the following countries: (A) China. (B) The Gulf Cooperation Council countries, including Qatar, Saudi Arabia, the United Arab Emirates. (C) India. (D) Iran. (E) Pakistan. (F) Tajikistan. (G) Turkey. (H) Turkmenistan. (I) Uzbekistan. (3) United states entity.--The term ``United States entity'' means a citizen of the United States, an embassy or consulate of the United States, or an installation, facility, or personnel of the United States Government. <all>

Afghanistan Security Through Intelligence Act

To direct the Director of National Intelligence to produce a National Intelligence Estimate on the situation in Afghanistan, and for other purposes.

Afghanistan Security Through Intelligence Act

Rep. Crow, Jason

D

CO

H.R.4004

Education

No Student Exchanges with North Korean Schools Act This bill prohibits an institution of higher education (IHE) from receiving certain federal education funds if the IHE has an agreement in effect with an IHE or other organization that is directly funded by the North Korean government.

To prohibit Federal funding for institutions of higher education that have partnerships with schools or other organizations funded by North Korea, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``No Student Exchanges with North Korean Schools Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The General Association of Korean Residents in Japan, also known as Chongryon, is an affiliated organization with the Government of the Democratic People's Republic of North Korea, also known as North Korea. (2) Chongryon has a long history of assisting the North Korean Government, including operating a ferry that was suspected to have smuggled materials for the country's illegal weapons programs. (3) Due to these actions, Chongryon is under surveillance from Japanese law enforcement agencies. (4) Chongryon and its members run numerous organizations and companies, including banks and educational institutions in various cities across Japan. (5) Chongryon operates over 100 educational institutions, including Korea University, located in Kodaira, Tokyo. (6) Korea University received funding directly from the North Korean government every year since 1957, including over 132.4 million yen in 2002. SEC. 3. PROHIBITION ON AVAILABILITY OF FUNDS FOR CERTAIN INSTITUTIONS. Section 105 of the Mutual Educational and Cultural Exchange Act of 1961 (Public Law 87-256; 22 U.S.C. 2455) is amended by adding at the end the following new subsection: ``(h)(1) No covered funds may be awarded to an institution of higher education that has an agreement in effect with an institution of higher education or other organization funded directly by the Government of the Democratic People's Republic of North Korea. ``(2) In this subsection: ``(A) The term `covered funds' means Federal funds made available-- ``(i) under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.); and ``(ii) for the J. William Fulbright Educational Exchange Program referred to in section 112. ``(B) The term `institution of higher education' has the meaning given that term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002).''. <all>

No Student Exchanges with North Korean Schools Act

To prohibit Federal funding for institutions of higher education that have partnerships with schools or other organizations funded by North Korea, and for other purposes.

No Student Exchanges with North Korean Schools Act

Rep. Lesko, Debbie

R

AZ

H.R.4773

Finance and Financial Sector

Consumer Financial Protection Commission Act This bill removes the Consumer Financial Protection Bureau from the Federal Reserve System, converts the bureau into an independent commission, and modifies its leadership structure. Specifically, the bill eliminates the positions of director and deputy director and establishes a five-person commission appointed by the President and confirmed by the Senate.

To amend the Consumer Financial Protection Act of 2010 to make the Bureau of Consumer Financial Protection an independent Consumer Financial Protection Commission, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Consumer Financial Protection Commission Act''. SEC. 2. MAKING THE BUREAU AN INDEPENDENT CONSUMER FINANCIAL PROTECTION COMMISSION. The Consumer Financial Protection Act of 2010 (12 U.S.C. 5481 et seq.) is amended-- (1) in section 1011-- (A) in the heading of such section, by striking ``bureau of consumer financial protection'' and inserting ``consumer financial protection commission''; (B) in subsection (a)-- (i) in the heading of such subsection, by striking ``Bureau'' and inserting ``Commission''; (ii) by striking ``in the Federal Reserve System,''; (iii) by striking ``independent bureau'' and inserting ``independent commission''; (iv) by striking ``Bureau of Consumer Financial Protection'' and inserting ``Consumer Financial Protection Commission (hereinafter in this section referred to as the `Commission')''; and (v) by striking ``Bureau'' each place such term appears and inserting ``Commission''; (C) by striking subsections (b), (c), and (d); (D) by redesignating subsection (e) as subsection (j); (E) in subsection (j), as so redesignated-- (i) by striking ``, including in cities in which the Federal reserve banks, or branches of such banks, are located,''; and (ii) by striking ``Bureau'' each place such term appears and inserting ``Commission''; and (F) by inserting after subsection (a) the following new subsections: ``(b) Authority To Prescribe Regulations.--The Commission may prescribe such regulations and issue such orders in accordance with this title as the Commission may determine to be necessary for carrying out this title and all other laws within the Commission's jurisdiction and shall exercise any authorities granted under this title and all other laws within the Commission's jurisdiction. ``(c) Composition of the Commission.-- ``(1) In general.--The Commission shall be composed of 5 members who shall be appointed by the President, by and with the advice and consent of the Senate. ``(2) Staggering.--The members of the Commission shall serve staggered terms, which initially shall be established by the President for terms of 1, 2, 3, 4, and 5 years, respectively. ``(3) Terms.-- ``(A) In general.--Each member of the Commission, including the Chair, shall serve for a term of 5 years. ``(B) Removal.--The President may remove any member of the Commission for inefficiency, neglect of duty, or malfeasance in office. ``(C) Vacancies.--Any member of the Commission appointed to fill a vacancy occurring before the expiration of the term to which that member's predecessor was appointed (including the Chair) shall be appointed only for the remainder of the term. ``(D) Continuation of service.--Each member of the Commission may continue to serve after the expiration of the term of office to which that member was appointed until a successor has been appointed by the President and confirmed by the Senate, except that a member may not continue to serve more than 1 year after the date on which that member's term would otherwise expire. ``(E) Other employment prohibited.--No member of the Commission shall engage in any other business, vocation, or employment. ``(d) Affiliation.--Not more than 3 members of the Commission shall be members of any one political party. ``(e) Chair of the Commission.-- ``(1) Initial chair.--The first member and Chair of the Commission shall be the individual serving as Director of the Bureau of Consumer Financial Protection on the day before the date of the enactment of this subsection. Such individual shall serve until the President has appointed all 5 members of the Commission in accordance with subsection (c). ``(2) Subsequent chair.--Of the 5 members appointed in accordance with subsection (c), the President shall appoint 1 member to serve as the subsequent Chair of the Commission. ``(3) Authority.--The Chair shall be the principal executive officer of the Commission, and shall exercise all of the executive and administrative functions of the Commission, including with respect to-- ``(A) the appointment and supervision of personnel employed under the Commission (other than personnel employed regularly and full time in the immediate offices of members of the Commission other than the Chair); ``(B) the distribution of business among personnel appointed and supervised by the Chair and among administrative units of the Commission; and ``(C) the use and expenditure of funds. ``(4) Limitation.--In carrying out any of the Chair's functions under the provisions of this subsection the Chair shall be governed by general policies of the Commission and by such regulatory decisions, findings, and determinations as the Commission may by law be authorized to make. ``(5) Requests or estimates related to appropriations.-- Requests or estimates for regular, supplemental, or deficiency appropriations on behalf of the Commission may not be submitted by the Chair without the prior approval of the Commission. ``(f) Initial Quorum Established.--The first member and Chair of the Commission described under subsection (e)(1) shall constitute a quorum for the transaction of business until the President has appointed all 5 members of the Commission in accordance with subsection (c). Following such appointment of 5 members, the quorum requirements of subsection (g) shall apply. ``(g) No Impairment by Reason of Vacancies.--No vacancy in the members of the Commission after the establishment of an initial quorum under subsection (f) shall impair the right of the remaining members of the Commission to exercise all the powers of the Commission. Three members of the Commission shall constitute a quorum for the transaction of business, except that if there are only 3 members serving on the Commission because of vacancies in the Commission, 2 members of the Commission shall constitute a quorum for the transaction of business. If there are only 2 members serving on the Commission because of vacancies in the Commission, 2 members shall constitute a quorum for the 6-month period beginning on the date of the vacancy which caused the number of Commission members to decline to 2. ``(h) Seal.--The Commission shall have an official seal. ``(i) Compensation.-- ``(1) Chair.--The Chair shall receive compensation at the rate prescribed for level I of the Executive Schedule under section 5313 of title 5, United States Code. ``(2) Other members of the commission.--The 4 other members of the Commission shall each receive compensation at the rate prescribed for level II of the Executive Schedule under section 5314 of title 5, United States Code.''; (2) in section 1012(c), by striking paragraphs (2), (3), (4), and (5); and (3) in section 1014(b), by striking ``Not fewer than 6 members shall be appointed upon the recommendation of the regional Federal Reserve Bank Presidents, on a rotating basis.''. SEC. 3. DEEMING OF NAME. Any reference in a law, regulation, document, paper, or other record of the United States to the Bureau of Consumer Financial Protection, except in subsection (e)(1) of section 1011 of the Consumer Financial Protection Act of 2010 (12 U.S.C. 5491), as added by this Act, shall be deemed a reference to the Consumer Financial Protection Commission. SEC. 4. CONFORMING AMENDMENTS. (a) Consumer Financial Protection Act of 2010.-- (1) In general.--Except as provided under paragraph (2), the Consumer Financial Protection of 2010 (12 U.S.C. 5481 et seq.) is amended-- (A) by striking ``Director of the Bureau'' each place such term appears, other than where such term is used to refer to a Director other than the Director of the Bureau of Consumer Financial Protection, and inserting ``Consumer Financial Protection Commission''; (B) by striking ``Director'' each place such term appears and inserting ``Consumer Financial Protection Commission'', other than where such term is used to refer to a Director other than the Director of the Bureau of Consumer Financial Protection; and (C) in section 1002, by striking paragraph (10). (2) Exceptions.--The Consumer Financial Protection Act of 2010 (12 U.S.C. 5481 et seq.) is amended-- (A) in section 1013(c)(3)-- (i) by striking ``Assistant Director of the Bureau for'' and inserting ``Head of the Office of''; and (ii) in subparagraph (B), by striking ``Assistant Director'' and inserting ``Head of the Office''; (B) in section 1013(g)(2)-- (i) by striking ``Assistant director'' and inserting ``Head of the office''; and (ii) by striking ``an assistant director'' and inserting ``a Head of the Office of Financial Protection for Older Americans''; (C) in section 1016(a), by striking ``Director of the Bureau'' and inserting ``Chair of the Consumer Financial Protection Commission''; and (D) in section 1066(a), by striking ``Director of the Bureau is'' and inserting ``first member of the Commission is''. (b) Dodd-Frank Wall Street Reform and Consumer Protection Act.--The Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5301 et seq.) is amended-- (1) in section 111(b)(1)(D), by striking ``Director'' and inserting ``Chair of the Consumer Financial Protection Commission''; and (2) in section 1447, by striking ``Director of the Bureau'' each place such term appears and inserting ``Consumer Financial Protection Commission''. (c) Electronic Fund Transfer Act.--Section 920(a)(4)(C) of the Electronic Fund Transfer Act (15 U.S.C. 1693o-2(a)(4)(C)), as added by section 1075(a)(2) of the Consumer Financial Protection Act of 2010, is amended by striking ``Director of the Bureau of Consumer Financial Protection'' and inserting ``Consumer Financial Protection Commission''. (d) Expedited Funds Availability Act.--The Expedited Funds Availability Act (12 U.S.C. 4001 et seq.), as amended by section 1086 of the Consumer Financial Protection Act of 2010, is amended by striking ``Director of the Bureau'' each place such term appears and inserting ``Consumer Financial Protection Commission''. (e) Federal Deposit Insurance Act.--Section 2 of the Federal Deposit Insurance Act (12 U.S.C. 1812), as amended by section 336(a) of the Dodd-Frank Wall Street Reform and Consumer Protection Act, is amended by striking ``Director of the Consumer Financial Protection Bureau'' each place such term appears and inserting ``Chair of the Consumer Financial Protection Commission''. (f) Federal Financial Institutions Examination Council Act of 1978.--Section 1004(a)(4) of the Federal Financial Institutions Examination Council Act of 1978 (12 U.S.C. 3303(a)(4)), as amended by section 1091 of the Consumer Financial Protection Act of 2010, is amended by striking ``Director of the Consumer Financial Protection Bureau'' and inserting ``Chair of the Consumer Financial Protection Commission''. (g) Financial Literacy and Education Improvement Act.--Section 513 of the Financial Literacy and Education Improvement Act (20 U.S.C. 9702), as amended by section 1013(d)(5) of the Consumer Financial Protection Act of 2010, is amended by striking ``Director'' each place such term appears and inserting ``Chair of the Consumer Financial Protection Commission''. (h) Home Mortgage Disclosure Act of 1975.--Section 307 of the Home Mortgage Disclosure Act of 1975, as amended by section 1094(6) of the Consumer Financial Protection Act of 2010, is amended by striking ``Director of the Bureau of Consumer Financial Protection'' each place such term appears and inserting ``Consumer Financial Protection Commission''. (i) Interstate Land Sales Full Disclosure Act.--The Interstate Land Sales Full Disclosure Act, as amended by section 1098A of the Consumer Financial Protection Act of 2010, is amended-- (1) by amending section 1402(1) to read as follows: ``(1) `Chair' means the Chair of the Consumer Financial Protection Commission;''; and (2) in section 1416(a), by striking ``Director of the Bureau of Consumer Financial Protection'' and inserting ``Chair''. (j) Real Estate Settlement Procedures Act of 1974.--Section 5 of the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2604), as amended by section 1450 of the Dodd-Frank Wall Street Reform and Consumer Protection Act, is amended-- (1) by striking ``The Director of the Bureau of Consumer Financial Protection (hereafter in this section referred to as the `Director')'' and inserting ``The Consumer Financial Protection Commission''; and (2) by striking ``Director'' each place such term appears and inserting ``Consumer Financial Protection Commission''. (k) S.A.F.E. Mortgage Licensing Act of 2008.--The S.A.F.E. Mortgage Licensing Act of 2008 (12 U.S.C. 5101 et seq.), as amended by section 1100 of the Consumer Financial Protection Act of 2010, is amended-- (1) by striking ``Director'' each place such term appears in headings and text, other than where such term is used in the context of the Director of the Office of Thrift Supervision, and inserting ``Consumer Financial Protection Commission''; and (2) in section 1503, by striking paragraph (10). (l) Title 44, United States Code.--Section 3513(c) of title 44, United States Code, as amended by section 1100D(b) of the Consumer Financial Protection Act of 2010, is amended by striking ``Director of the Bureau'' and inserting ``Consumer Financial Protection Commission''. <all>

Consumer Financial Protection Commission Act

To amend the Consumer Financial Protection Act of 2010 to make the Bureau of Consumer Financial Protection an independent Consumer Financial Protection Commission, and for other purposes.

Consumer Financial Protection Commission Act

Rep. Luetkemeyer, Blaine

R

MO

S.496

Taxation

Student Loan Tax Relief Act This bill modifies tax provisions allowing an exclusion from gross income for income arising from discharges of student loan debt after January 31, 2020. This includes loans for postsecondary educational expenses, private education loans, and loans made by tax-exempt educational organizations. The bill eliminates the temporary expiration date for the exclusion and the death or total and permanent disability requirement for a discharge.

To amend the Internal Revenue Code of 1986 to exclude from taxable income any student loan forgiveness or discharge. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Student Loan Tax Relief Act''. SEC. 2. MODIFICATION OF TREATMENT OF STUDENT LOAN FORGIVENESS. (a) In General.--Section 108(f) of the Internal Revenue Code of 1986 is amended-- (1) by striking paragraphs (1) and (2) and inserting the following: ``(1) In general.--In the case of an individual, gross income does not include any amount which (but for this subsection) would be includible in gross income by reasons of the discharge (in whole or in part) of-- ``(A) any loan provided expressly for postsecondary educational expenses, regardless of whether provided through the educational institution or directly to the borrower, if such loan was made, insured, or guaranteed by-- ``(i) the United States, or an instrumentality or agency thereof, ``(ii) a State, territory, or possession of the United States, or the District of Columbia, or any political subdivision thereof, or ``(iii) any institution of higher education, ``(B) any private education loan (as defined in section 140(a)(7) of the Truth in Lending Act), ``(C) any loan made by any educational organization described in section 170(b)(1)(A)(ii) if such loan is made-- ``(i) pursuant to an agreement with any entity described in subparagraph (A) or any private education lender (as defined in section 140(a) of the Truth in Lending Act) under which the funds from which the loan was made were provided to such educational organization, or ``(ii) pursuant to a program of such educational organization which is designed to encourage its students to serve in occupations with unmet needs or in areas with unmet needs and under which the services provided by the students (or former students) are for or under the direction of a governmental unit or an organization described in section 501(c)(3) and exempt from tax under section 501(a), or ``(D) any loan made by an educational organization described in section 170(b)(1)(A)(ii) or by an organization exempt from tax under section 501(a) to refinance a loan to an individual to assist the individual in attending any such educational organization but only if the refinancing loan is pursuant to a program of the refinancing organization which is designed as described in subparagraph (C)(ii).''; (2) by striking paragraph (5); (3) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively; and (4) in paragraph (2), as so redesignated, by-- (A) striking ``made by an organization described in paragraph (2)(D)'' and inserting ``made by an organization described in paragraph (1)(C) or made by a private education lender (as defined in section 140(a)(7) of the Truth in Lending Act)''; and (B) inserting ``or for such private education lender'' after ``either such organization''. (b) Effective Date.--The amendments made by this section shall apply to discharges of loans after January 31, 2020. <all>

Student Loan Tax Relief Act

A bill to amend the Internal Revenue Code of 1986 to exclude from taxable income any student loan forgiveness or discharge.

Student Loan Tax Relief Act

Sen. Menendez, Robert

D

NJ

H.R.3421

Science, Technology, Communications

Safeguarding Against Fraud, Exploitation, Threats, Extremism, and Consumer Harms Act or the SAFE TECH Act This bill limits federal liability protection that applies to a user or provider of an interactive computer service (e.g., a social media company) for claims related to content provided by third parties. Specifically, the bill applies the liability protection to claims arising from third-party speech rather than third-party information. Additionally, the liability protection shall not apply if a user or provider (1) accepts payment to make the speech available, or (2) creates or funds (in whole or in part) the speech. The bill changes legal procedures concerning the liability protection by (1) requiring a defendant in a lawsuit to raise the liability protection as an affirmative defense, and (2) placing the burden of proving that the defense applies on the defendant. Some courts have held that the current liability protection bars claims for civil penalties and injunctive relief. The bill expressly excludes from the liability protection requests for injunctive relief arising from a provider's failure to remove, restrict access to, or prevent dissemination of material likely to cause irreparable harm. However, the bill protects a provider from liability for actions taken to comply with such injunctions. Under current law, the liability protection does not apply to federal criminal law, intellectual property law, and other designated areas of law. The bill further specifies that the liability protection shall not apply to civil rights law; antitrust law; stalking, harassment, or intimidation laws; international human rights law; and civil actions for wrongful death.

To amend section 230 of the Communications Act of 1934 to reaffirm civil rights, victims' rights, and consumer protections. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Safeguarding Against Fraud, Exploitation, Threats, Extremism, and Consumer Harms Act'' or the ``SAFE TECH Act''. SEC. 2. COMMUNICATIONS DECENCY ACT IMPROVEMENTS. Section 230 of the Communications Act of 1934 (47 U.S.C. 230) is amended-- (1) in subsection (c)-- (A) in paragraph (1)-- (i) by striking ``No provider'' and inserting the following: ``(A) In general.--Except as provided in paragraph (3), no provider''; (ii) by striking ``any information'' and inserting ``any speech''; (iii) by inserting before the period at the end the following: ``, unless the provider or user has accepted payment to make the speech available or, in whole or in part, created or funded the creation of the speech''; and (iv) by adding at the end the following: ``(B) Affirmative defense.--In any action in which the defendant raises subparagraph (A) as a defense, the defendant shall have the burden of persuasion, by a preponderance of the evidence, that the defendant is a provider or user of an interactive computer service and is being treated as the publisher or speaker of speech provided by another information content provider.''; (B) in paragraph (2)(B), by striking ``paragraph (1)'' and inserting ``subparagraph (A)''; and (C) by adding at the end the following: ``(3) Exclusion from `good samaritan' immunity.-- ``(A) Injunctive relief.--Paragraph (1) shall not apply to any request for injunctive relief arising from the failure of an interactive computer service provider to remove, restrict access to or availability of, or prevent dissemination of material that is likely to cause irreparable harm. ``(B) Limitation of liability.--In the case of an interactive computer service provider that complies with an order granting injunctive relief described in subparagraph (A), such compliance shall not subject the interactive computer service provider to liability for removing, restricting access to or availability of, or preventing dissemination of material subject to the order.''; and (2) in subsection (e), by adding at the end the following: ``(6) No effect on civil rights laws.--Nothing in this section shall be construed to limit, impair, or prevent any action alleging discrimination on the basis of any protected class, or conduct that has the effect or consequence of discriminating on the basis of any protected class, under any Federal or State law. ``(7) No effect on antitrust laws.--Nothing in this section shall be construed to prevent, impair, or limit any action brought under Federal or State antitrust law. ``(8) No effect on stalking, harassment, or intimidation laws.--Nothing in this section shall be construed to prevent, impair, or limit any action alleging stalking, cyberstalking, harassment, cyberharassment, or intimidation based, in whole or in part, on sex (including sexual orientation and gender identity), race, color, religion, ancestry, national origin, or physical or mental disability brought under Federal or State law. ``(9) No effect on international human rights law.--Nothing in this section shall be construed to prevent, impair, or limit any action brought under section 1350 of title 28, United States Code. ``(10) No effect on wrongful death actions.--Nothing in this section shall be construed to prevent, impair, or limit any civil action for a wrongful death.''. <all>

SAFE TECH Act

To amend section 230 of the Communications Act of 1934 to reaffirm civil rights, victims' rights, and consumer protections.

SAFE TECH Act Safeguarding Against Fraud, Exploitation, Threats, Extremism, and Consumer Harms Act

Rep. McEachin, A. Donald

D

VA

H.R.5701

Energy

Eliminating the RFS and Its Destructive Outcomes Act This bill repeals the Environmental Protection Agency's Renewable Fuel Standard program, which requires transportation fuel to contain a minimum volume of renewable fuel.

To repeal the renewable fuel program of the Environmental Protection Agency. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Eliminating the RFS and Its Destructive Outcomes Act''. SEC. 2. REPEAL OF RENEWABLE FUEL PROGRAM. (a) Repeal.--Section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)) is repealed. (b) Conforming Amendments.-- (1) Clean air act.--Section 211(d) of the Clean Air Act (42 U.S.C. 7545(d)) is amended-- (A) in paragraph (1)-- (i) by striking ``(n), or (o)'' each place it appears and inserting ``or (n)''; and (ii) by striking ``(m), or (o)'' and inserting ``or (m)''; and (B) in paragraph (2), by striking ``(n), and (o)'' each place it appears and inserting ``and (n)''. (2) Petroleum marketing practices act.--Section 107(a)(1)(B) of the Petroleum Marketing Practices Act (15 U.S.C. 2807(a)(1)(B)) is amended by inserting ``, as in effect on the day before the date of enactment of the Eliminating the RFS and Its Destructive Outcomes Act'' after ``(40 CFR, part 80)''. <all>

Eliminating the RFS and Its Destructive Outcomes Act

To repeal the renewable fuel program of the Environmental Protection Agency.

Eliminating the RFS and Its Destructive Outcomes Act

Rep. Perry, Scott

R

PA

S.2574

Civil Rights and Liberties, Minority Issues

Protecting Students From Racial Hostility Act This bill prohibits school curriculums or teachings that promote certain concepts based on race. Specifically, the bill prohibits schools from promoting concepts that result in a racially hostile environment, which the bill defines as an environment in which (1) racial discrimination has created an adverse setting, (2) an individual is fearful due to a racially intimidating or offensive environment, or (3) an individual is restricted from participating in or benefiting from a program or activity on the basis of race. Prohibited concepts include the idea that (1) one race is inherently superior to another, (2) the United States is fundamentally racist, and (3) an individual bears responsibility for the past actions of others of the same race. The bill makes the use of such curriculums or teachings a violation of Title VI of the Civil Rights Act of 1964, which prohibits discrimination based on race, color, or national origin in federally funded programs or activities. Any intimidation, threat, or other interference with respect to an individual's rights or participation in related proceedings (e.g., the ability to file complaints about the use of prohibited curriculums) shall also be considered a violation of Title VI. The bill applies to elementary and secondary schools and to colleges and universities.

To amend title VI of the Civil Rights Act of 1964 to protect students from racial hostility, and for other purposes. Be it enacted by the Senate 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 Students From Racial Hostility Act''. SEC. 2. DISCRIMINATION. Section 601 of the Civil Rights Act of 1964 (42 U.S.C. 2000d) is amended-- (1) by striking ``No'' and inserting the following: ``(a) No''; and (2) by adding at the end the following: ``(b) For purposes of subsection (a), use of a curriculum, or teaching or counseling, that promotes a divisive concept under a program or activity described in subsection (a) relating to elementary, secondary, or postsecondary education and that results in a racially hostile environment in an educational setting shall be considered to be discrimination under that program or activity. ``(c) Any intimidation, threat, coercion, or discrimination against any individual for the purpose of interfering with any right or privilege secured by this section, or because the individual has made a complaint, testified, assisted, or participated in any manner in an investigation, proceeding or hearing under this section, shall be considered to be discrimination under the program or activity involved. ``(d) In this section: ``(1) The term `promotion', used with respect to a divisive concept, means race stereotyping or race scapegoating, or promotion of one or more of the following concepts: ``(A) One race is inherently superior to another race. ``(B) The United States is fundamentally racist. ``(C) An individual, by virtue of the individual's race, is inherently racist or oppressive, whether consciously or unconsciously. ``(D) An individual should be discriminated against or receive adverse treatment solely or partly because of the individual's race. ``(E) Members of one race cannot and should not attempt to treat others without respect to race. ``(F) An individual's moral character is necessarily determined by the individual's race. ``(G) An individual, by virtue of the individual's race, bears responsibility for actions committed in the past by other members of the same race. ``(H) Any individual should feel discomfort, guilt, anguish, or any other form of psychological distress on account of the individual's race. ``(I) Meritocracy or traits such as a hard work ethic are racist, or were created by a particular race to oppress another race. ``(2) The term `race scapegoating' means assigning fault, blame, or bias to a race, or to members of a race because of their race. ``(3) The term `race stereotyping' means ascribing character traits, values, moral and ethical codes, privileges, status, or beliefs to a race, or to an individual because of the individual's race. ``(4) The term `racially hostile environment' means-- ``(A) a situation of racial discrimination that has occurred and created an adverse setting; ``(B) a racially intimidating or racially offensive environment that causes a person to be fearful; or ``(C) a setting that denies, limits, or interferes with, on the basis of race, a person's ability to participate in or benefit from a program or activity.''. SEC. 3. REPORTS. Section 602 of the Civil Rights Act of 1964 (42 U.S.C. 2000d-1) is amended-- (1) by striking ``Each'' and inserting the following: ``(a) Each''; and (2) by adding at the end the following: ``(b)(1) Any State educational agency that is the subject of a complaint under this title, or that receives information about a complaint from an entity under paragraph (2)(A), shall report the complaint involved to the Attorney General of the State. Any State higher education agency that is the subject of a complaint under this title, or that receives information about a complaint from an entity under paragraph (2)(B), shall report the complaint involved to the Attorney General of the State. ``(2) Any division of a State, a local government in the State, or an entity in the State covered by any of paragraphs (1) through (4) of section 606, that is the subject of a complaint under this title shall-- ``(A) if engaged in the business of providing elementary or secondary education, inform the State educational agency of the complaint; and ``(B) if engaged in the business of providing postsecondary education, inform the State higher education agency of the complaint. ``(3) In this subsection, the term `State educational agency' has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). ``(c) The Secretary of Education shall annually prepare and submit a report to Congress on the nature of any complaints received under section 601 and described in section 601(b).''. <all>

Protecting Students From Racial Hostility Act

A bill to amend title VI of the Civil Rights Act of 1964 to protect students from racial hostility, and for other purposes.

Protecting Students From Racial Hostility Act

Sen. Rubio, Marco

R

FL

H.R.2531

Armed Forces and National Security

Veterans Earned Transportation Act or the Vets ETA This bill permanently reauthorizes the Department of Veterans Affairs (VA) program that provides transportation to and from VA facilities or other places in connection with vocational rehabilitation, for counseling, or for the purpose of examination, treatment, or care.

To amend title 38, United States Code, to make permanent the authority of the Secretary of Veterans Affairs to provide transportation to and from Department of Veterans Affairs facilities in connection with vocational rehabilitation or counseling. Be it enacted by the Senate 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 Earned Transportation Act'' or the ``Vets ETA''. SEC. 2. PERMANENT AUTHORITY FOR SECRETARY OF VETERANS AFFAIRS TO PROVIDE TRANSPORTATION TO AND FROM DEPARTMENT OF VETERANS AFFAIRS FACILITIES IN CONNECTION WITH VOCATIONAL REHABILITATION OR COUNSELING. Section 111A(a) of title 38, United States Code, is amended-- (1) by striking ``(1) The Secretary'' and inserting ``The Secretary''; and (2) by striking paragraph (2). <all>

Vets ETA

To amend title 38, United States Code, to make permanent the authority of the Secretary of Veterans Affairs to provide transportation to and from Department of Veterans Affairs facilities in connection with vocational rehabilitation or counseling.

Veterans Earned Transportation Act Vets ETA

Rep. Panetta, Jimmy

D

CA